What happens when a product defect causes a person’s death?

When a product defect causes a person’s death, the family of the deceased may pursue a legal action against the manufacturer, distributor, or retailer of the defective product. This is known as a products liability lawsuit. Products liability claims are recognized by the law in every state, including Florida. In Florida, a products liability claim may be brought by a family member of a deceased person resulting from a defective product. The family may pursue a wrongful death action that seeks compensation for the death of their relative, including medical bills, funeral costs, loss of wages, and other damages. The claim can be for the negligence of the product supplier, the defective design of the product, or the failure of the supplier to provide adequate warnings about product risks. In addition, the deceased person’s family may recover punitive damages. Punitive damages are a form of compensation that is meant to punish a wrongdoer who acted with malice or in an egregious manner. Punitive damages may also be awarded to the family of the deceased if the wrongdoer was aware that the product was defective, yet still sold it intentionally. In Florida, before a products liability claim is filed, the product must be proven to be unreasonably dangerous or defective. Additionally, the family of the deceased must be able to prove that the product caused the death. If the family is able to establish these conditions, the case may go to trial. If a verdict is found in favor of the deceased’s family, they may be awarded compensation for their loss and the wrongdoer may face criminal charges.

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