A Miami Beach woman who worked as radiologist at Jackson Memorial Hospital was recently strangled while using an electric neck massager. According to local reports, the doctor was at home by herself at the time of the accident. The neck massager apparently tightened the doctor's necklace, which caused the woman to lose consciousness and stop breathing.
The Broward Sheriff's Office characterized the death as accidental, but has not yet released any information about the brand or type of neck massager that caused the accident.
While it's too early to speculate about who might be liable for the accident, this tragic story offers a good opportunity to discuss the fundamentals of product liability law.
Florida, like most states, has comprehensive product liability statutes. Under Florida law, a product's manufacturer is "strictly liable" for injuries that result from the use of an "unreasonably dangerous" product. In product liability cases, courts use the legal term "strict liability" to say that a product's manufacturer will be held financially responsible for injuries caused by the product, regardless of how careful or prudent the manufacturer was in designing, making, and selling the product.
So, what is an "unreasonably dangerous" product? When an ordinary consumer uses a product in the way the product was intended to be used, or in a way that is reasonably foreseeable, and that product fails to perform safely, then product is said to be "unreasonably dangerous."
In the case of a neck massager that accidentally strangles a person wearing a necklace or tie, a court would need to determine 1) whether the neck massager actually caused the accident, and 2) whether the neck massager was "unreasonably dangerous."
On one hand, the product's designer could argue that the massager was not intended to be used with a necklace. On the other hand, the opposing side could reply that anybody could foresee that consumers would use the product while wearing a necklace or necktie, regardless of any warning given to the user.
This very basic analysis is just the tip of the iceberg when it comes to Florida product liability law. If you were injured by a defective product, an experienced personal injury lawyer can make a tremendous difference. Florida defective product attorney Bryant Esquenazi has the experience and know-how necessary to handle the most complicated product liability cases. Please contact our office at (305) 532-1900 or info@esquenazilaw.com for a free consultation.
By on January 5, 2011 3:00 PM
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