Dressers leading to the death of small children sounds like a bad horror film. However, this unfortunate series of events has been a reality for at least three families so far. Sold in several small pieces requiring extensive instruction and a bit of time are the typical furnishings purchased from the Swedish company, IKEA.
IKEA is a leading furniture seller across the world and valued itself at over 11 billion dollars in 2012.1 IKEA has been aware of the danger posed by the dressers and made a first attempt to remedy the defect by providing kits to every purchaser of the dressers with instructions to secure the dressers to the walls where they will stand. Unfortunately, this did not solve the problem and another infant death followed. After tragedy struck again IKEA made the decision to recall the dressers. The IKEA website describes the recall as follows.
The recall affects children’s chests and dressers taller than 23.5 inches and adult chests and dressers taller than 29.5 inches … manufactured and sold through June 2016 and include the 3-drawer, 4-drawer, 5-drawer and 6-drawer models. Other IKEA chests and dressers in this recall were sold at various times through June 2016.”
Lawsuits brought for issues regarding dangerous or defective products are classified as product liability suits. In Florida, and all over the U.S., products liability or products negligence law is complicated and plagued with regulation. In its most basic form there are four elements you need to satisfy to bring a suit in Florida:
- Loss. Plaintiffs, that is you, must show that they suffered an actual injury or monetary loss as a result of using the manufacturer’s product.
- Defect or failure to warn. Plaintiffs must prove that the product was 1) defectively designed, 2) defectively manufactured or 3) that the manufacturer knew or should have known of risks and failed to warn consumers.
- Proximate cause. Plaintiffs must show that the defect proximately (actually) caused the injury.
- Product used as intended. Plaintiffs must show that they were using the product as the manufacturer intended it to be used or in a way the manufacturer could expect a reasonable person to use it.
If you feel you satisfy these four requirements and would like to have an experienced, established, and proven successful plaintiffs attorney take a closer look at your case, call the personal injury attorneys at Friedland law Group now.
The South Florida personal injury attorneys at the Friedland | Carmona, Jon Friedland and Michael Carmona, handle all types of negligence, product liability, personal injury, negligent security, slip/trip and fall, and car accident cases throughout the state of Florida, including; Boca Raton, Homestead, North Miami, South Miami, Miami Beach, Coral Gables, Pembroke Pines, Hialeah, Kendall, Aventura, Fort Lauderdale, and Palm Beach. Call the Miami personal injury attorneys today and let our family take the best care of your family.