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Case Number: 9:23-cv-80826
Judge: Aileen M. Cannon
Court: United States District Court for the Southern District of Florida (Miami-Dade County)
Defendant's Attorney: Jennifer Ann McLoose
Description: West Palm Beach, Florida personal injury lawyers represented Plaintiff who sued Defendant on a product liability theory.
This case was filed in the 15th Judicial Circuit Court, 50-02023-CA-006266-XXXX-MB and was removed to federal court by the Defendant.
"Sunbeam Products is an American brand that has produced electric home appliances since 1910. Its products have included the Mixmaster mixer, the Sunbeam CG waffle iron, Coffeemaster and the fully automatic T20 toaster."
"Florida product liability law allows consumers to hold manufacturers, distributors, and retailers liable for injuries caused by defective products. There are three main theories of product liability in Florida:
Strict liability: Under this theory, a manufacturer or seller is liable for injuries caused by a defective product even if they were not negligent. To prove strict liability, the plaintiff must show that the product was defective and that the defect caused the injury.
Negligence: Under this theory, a manufacturer or seller is liable for injuries caused by a defective product if they were negligent in the design, manufacture, or marketing of the product. To prove negligence, the plaintiff must show that the defendant owed them a duty of care, that the defendant breached that duty, and that the breach caused the injury.
Breach of warranty: Under this theory, a manufacturer or seller is liable for injuries caused by a defective product if they breached an express or implied warranty. An express warranty is a promise made by the manufacturer or seller about the product. An implied warranty is a guarantee that the product is fit for its intended purpose.
In addition to these three main theories, there are other factors that can be considered in a product liability case, such as the product's design defect, manufacturing defect, or failure to warn.
The statute of limitations for product liability lawsuits in Florida is four years from the date of the injury. However, there are some exceptions to this rule, such as if the injury was caused by a latent defect that was not discoverable until later.
If you have been injured by a defective product, you should speak with an experienced product liability attorney to discuss your legal options.
Here are some additional things to keep in mind about Florida product liability law:
Florida follows the pure comparative negligence rule, which means that your recovery of damages will be reduced in proportion to your fault. For example, if you are found to be 20% at fault for your injury, your damages will be reduced by 20%.
Florida also follows the economic loss doctrine, which says that you cannot pursue a product liability claim for economic losses alone. Economic losses are things like lost wages, medical expenses, and property damage. You can only pursue a product liability claim if you have also suffered some type of physical injury.
If you have been injured by a defective product, it is important to speak with an experienced product liability attorney as soon as possible. An attorney can help you understand your legal rights and options and can represent you in a lawsuit if necessary." Google Bard
Outcome: 07/28/2023 17 ACKNOWLEDGMENT OF RECEIPT. Case transferred from Florida Southern has been opened in U.S. District of Minnesota as case 0:23-cv-02241, filed 07/28/2023. (bb) (Entered: 07/28/2023)