South Florida courts have been a hotbed for product liability cases. Product liability law in the state of Florida is currently under attack through various proposals currently being considered by the Florida Legislature.
Product liability law developed in this country from a time when manufacturers and distributors of products were originally not responsible for injuries caused by a defective product unless there was a direct contract with the person who was injured. In other words, unless a person purchased a product directly from the manufacturer, no claim was allowed. Over time, courts acknowledged the harm imposed on injured consumers and began to allow for exceptions to the rule requiring a direct contractual relationship with the manufacturer or distributor. The current law in Florida, and generally throughout the country, allows for claims against manufacturers and distributors who place into the stream of commerce a product that is defective by either manufacture or design.
At Jay Halpern and Associates, we believe that product liability claims help make for a safer world. In this age of deregulation, product liability lawyers act as watch dogs to make sure that companies generate safe products. By seeking full and fair compensation the economic consequence of making an unsafe product will hopefully motivate companies to manufacture the best and safest product possible. Many safety features that we deal with in everyday life are the result of product liability lawsuits such as safety caps on prescription medicines that prevent children from inadvertently being poisoned by swallowing pills. Another example is clothing that used to be flammable which is now made with materials that will not burst into flames.
There is a memorable dialogue which occurs in the movie The Fight Club starring Brad Pitt and Edward Norton. The dialogue proceeds as follows:
Narrator: A new car built by my company leaves somewhere traveling at 60 mph. The rear differential locks up. The car crashes and burns with everyone trapped inside. Now, should we initiate a recall? Take the number of vehicles in the field, A, multiply by the probable rate of failure, B, multiply by the average out-of-court settlement, C. A times B times C equals X. If X is less than the cost of a recall, we don’t do one.
Business woman on plane: Are there a lot of these kinds of accidents?
Narrator: You wouldn’t believe.
Business woman on plane: Which car company do you work for?
Narrator: A major one.
As Miami product liability lawyers our job is to work hard to expose defective products and obtain full and fair compensation for our clients. By obtaining full and fair compensation we help motivate companies to regulate themselves so that they do not entertain thesinister equation expressed by the narrator in the movie The Fight Club.