Switch to ADA Accessible Website
Orlando Criminal Lawyer

11th Circuit Asked To Clarify Product Liability Law

ProdLiab2

The 11th Circuit (covering Florida) has been asked to provide an opinion on a very important product liability lawsuit involving to what extent companies who produce seat belt components can be held liable any defects that lead to accidents if the car company itself ultimately designed and approved the restraint system.

Specifically, the subsidiary of the world’s largest automotive safety supplier, Autoliv Japan, is asking the Circuit Court to affirm the lower court’s dismissal of a widow’s lawsuit over an alleged defective seat belt because, it argues, it merely provided the seat belt components to Mazda USA, which then assembled them into the restraint system that was involved in the deadly accident at issue.

Florida Product Liability Law

State product liability laws tend to define which types of companies can be held liable under their own statutes. For example, Florida law defines “product liability action” as a civil action based on a theory of strict liability, negligence, breach of warranty, nuisance, or similar theories for damages caused by the assembly, construction, design, formulation, installation, preparation, or manufacture of a product.

However, Florida also abides by the theory of contributory fault and apportionment of damages; thus, juries are instructed to consider the fault of anyone (or company) that contributed to the accident when apportioning fault. This means that more than one company or party can be found at fault for a plaintiff’s damages when it comes to product liability claims.

Arguments in Case

Here, the plaintiff is claiming that Autoliv Japan was heavily involved in the process of choosing which seat belts, specifically, would work best in the car. She also alleged that there are problems with the elements of the device as it was created in Liv’s facilities. In other words, if Autoliv did not produce defective designs for Mazda to choose from, the defective design never would have made it into the car.

Conversely, Auto Liv has responded that what matters here is who made the choice to allow a certain amount of “spool out” by the seatbelt’s torsion bar, which can be altered by the vehicle manufacturer. The case will have significant implications for statutory interpretation of product liability law in the 11th Circuit, and could very well limit or expand consumer ability to recoup damages.

Florida and Massachusetts Products Liability & Civil Litigation Lawyer

Our lives depend upon the responsible manufacturing and distribution of products like seat belts. One defect can lead to lifelong injuries or the loss of a loved one.

At the Baez Law Firm, we take irresponsible, negligent companies to court for neglecting their responsibilities in the name of profit. If you or a loved one has been injured by a product, contact us today to find out how we can help.

Resources:

courthousenews.com/11th-circuit-could-clarify-product-liability-law/

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html

  • Facebook
  • Twitter
  • LinkedIn
Miami

Miami Office

1200 Brickell Avenue, Suite 1410
Miami, FL 33131
Office: 305-999-5100
Fax: 305-999-5111
Orlando

Orlando Office

250 N Orange Ave, Suite 750
Orlando, FL 32801
Office: 407-705-2626
Fax: 407-705-2625

Email Us

Fields Marked * Are required

DISCLAIMER: Completing and submitting this form or otherwise merely contacting The Baez Law Firm or any individual at the firm will not establish an attorney/client relationship. Our firm cannot represent you until we determine that there would be no conflict of interest and that we are otherwise able to accept representation of your case. Please do not send any information or documents until a formal attorney/client relationship has been established through an interview with an attorney and you have been given authorization in the form of an engagement letter with The Baez Law Firm. Any information or documents sent via this form or otherwise prior to your receipt of an engagement letter will not be treated as confidences, secrets, or protected information of any nature. Submitting information regarding your potential case will not bar The Baez Law Firm from representing or continuing to represent a person or entity whose interest are adverse to your in condition with your case.

protected by reCAPTCHA Privacy - Terms
Please review the highlighted fields. They are required.
DISCLAIMER: This website contains information about The Baez Law Firm that includes testimonial statements from persons who are familiar with the firm's services. The testimonials shown are not necessarily representative of every person's experience with us. Testimonials from every client are not provided. As no two situations or persons are identical, the facts and circumstances of your situation may differ from those for which testimonials are shown. This website also includes information about some of the past results that we have obtained for our clients. Not all results are provided, and the results shown are not necessarily representative of all results obtained by us. No two situation are exactly alike; every person's situation is unique and the outcome for each person depends on the individual facts.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
MileMark Media - Practice Growth Solutions

© 2015 - 2024 Baez Law Firm. All rights reserved.
This law firm website and legal marketing are managed by MileMark Media.

Contact Form Tab Contact Form Tab