What is the legal standard for determining if a product is “unreasonably dangerous”?
In Florida, the legal standard for determining if a product is “unreasonably dangerous” is based on the consumer’s expectations. According to Florida Statute, a person injured by a defective product may be able to hold the manufacturer or seller responsible if the product is found to be “unreasonably dangerous.” The court determines if a product is unreasonably dangerous by examining what a consumer would reasonably expect from the product. This is based on what a normal person would think the product would do and how safe it is under normal use or ordinary handling. The court considers all aspects of the product, including design, warnings, instructions and manufacturer’s practices. In Florida, a product may be found to be unreasonably dangerous without fault or negligence on the part of the distributor or manufacturer if the product is in a “defective condition unreasonably dangerous” to the user. If the product fails to meet the consumer’s expectation of how it should work in a safe manner—even if it was properly manufactured and labeled—it may be found to be “unreasonably dangerous.” The court will also consider any warnings that were given regarding the product before it was sold. Ultimately, the court will use the consumer’s expectations to determine whether a product is “unreasonably dangerous.” If it is found to be unreasonably dangerous, the manufacturer or distributor could be liable for any damages that resulted.
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