General Motors Recall Costing $1.7 Billion
As you may have likely heard in the news, General Motors (GM) recalled millions of vehicles due to a vehicle defects. CNN reported that GM began its recall process on Valentine’s Day when it recalled 800,000 vehicles due to a malfunction in design with ignition. The malfunction allowed drivers to bump the key out of run position while the car was in use. When this occurred, power steering and power brakes ceased to function. This malfunction in design led to car accidents, which resulted in injuries and deaths. GM is continuing to recall vehicles in alarming number due to the same problem and other issues as well. Due to these injury-causing flaws, GM has been forced to recall a variety of its vehicles. CNN provided the most recent list of GM recalls.
Products Liability in Florida
Products liability causes of action may seem difficult to understand, especially after reading how the Florida statute defines it. Florida law defines a “products liability action” as a civil action to compensate an injured party for an injury caused by the manufacture, construction, design, formulation, installation, preparation, or assembly of a product. The GM recalls are a perfect example of a products liability claim. The party injured by a vehicle (or product) with a malfunction, can be compensated for their injuries. There are generally four elements in a products liability case. Those elements are as follows:
1. Defect or Failure to Warn
- The Plaintiff(s) must prove that the product was either:
1) Defectively manufactured;
2) Defectively designed; or
3) The manufacturer failed to warn the Plaintiff(s) of a dangerous defect
- The Plaintiff(s) must show that he/she suffered an actual injury or monetary loss as a result of using the manufacturer’s product.
3. Actual and Proximate Cause
- The Plaintiff(s) must show that the defect in question was both the actual cause and proximate cause of the injury.
4. The Plaintiff Used the Product as Intended
- The Plaintiff(s) must show that he/she used the product in the same manner as the manufacturer intended; or
- The Plaintiff(s) must show that he/she used the product in a manner in which the manufacturer could expect a reasonable person to use it.
You Can Be Compensated for an Injury Caused by a Product
If you or a loved one is injured by a product or believe a product did not warn you sufficiently of the dangers of using it, you should seek immediate medical attention. After a visit to a physician, then contact Boone & Davis in Fort Lauderdale by calling (954) 566-9919 or alternatively, you can contact us through our website to schedule a consultation. At Boone & Davis, you will receive the experience of a personal injury attorney who has a complete understanding of the laws and will help you to understand the legal process during a difficult time. Don’t let the legal process deter you from being compensated; contact us today.