Florida “Strict Liability” Law Governs Wrongful Death

Many residents don’t realize that Florida is a Strict Product Liability state.

Strict liability is a legal term which means that the individual or company is held liable for any damages or death caused, regardless of intent or negligence on the part of the consumer. For the 35 states that have implemented some form of strict liability statue, it is their hope that this law will serve to promote manufacturers to improve product safety.

Florida is one of the few states that have instituted strict product liability in order to protect the safety of its residents.  In other words, the claimant does not have to prove that the manufacturer did anything wrong that caused the injury or death.

If the product in fact caused wrongful death, then the entity is held legally responsible for compensating the individual, or rather, the survivor’s family, of suffering and loss. In a case that involves product liability, the claimant only needs to prove that the product caused the injury or death. It is not necessary to prove that the manufacturer was careless, at fault, or negligent.

Strict liability is often used in dog-bite cases within Broward County. In these cases, the dog owner is held responsible regardless of whether the dog was within its own fenced yard, provoked, or has a history of any previous biting incidences. Dog owners may be held liable for physical injuries, emotional trauma, and financial costs inflicted from the dog bite.

Some people who have suffered from injury due to defective products don’t realize that Florida upholds a strict liability statue. It is vital that victims and family receive expert advice from a qualified Broward County Wrongful Death Attorney. Contact the Law Offices of David Benenfeld for a free legal consultation to determine if you have a case. Call 954-677-0155.