How to Legally Deal With Defective Electronic House Products

When you buy electronics and home appliances, you expect that they will serve their intended purpose for as long as reasonably possible. So, when these devices suddenly break down or start malfunctioning because they’re defective or have faulty parts, it’s normal to be annoyed. 

Unfortunately, some defective devices don’t just stop working. Many have been known to explode, ignite fires, nearly burn down homes, and put people’s lives in danger. Sadly, most victims just send these faulty appliances back for replacement if they’re still under warranty or buy another one and move on. 

But, there’s an option most don’t consider: bringing legal action against the responsible parties. If you want to hold the manufacturer liable, you need to know how to deal with your defective electronic house products legally. Our product liability lawyers at Viles & Beckman can help.   

What Are Your Rights if a Product Is Faulty in Florida?

If the electronic appliances and gadgets in your house are faulty, you have the right to return them, have them repaired, or exchange them for new ones. When you buy a product, you expect that the manufacturers and/or the retailer will stand behind their product. 

Under Florida’s implied warranty laws, it is your right to have a product that has no defects and functions as expected. Therefore, even if the return deadline has expired, you should still be able to return the product to the retailer or manufacturer. 

You merely have to claim that you’re returning the product on the grounds that you’re covered by the implied warranty of merchantability. Unfortunately, most consumers don’t understand their rights under state and federal product liability laws.

Implied warranty applies to home electronics that you bought and found soon after or much later that they aren’t working as they should. As long as the product defect becomes obvious within a reasonable time period (a maximum of two years), you may be able to file a claim under the implied warranty law. 

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Steps to Take if You Find That Your Appliance Is Defective

According to FireRescue1, faulty appliances and outlets are the leading cause of electrical fires in the home. Unfortunately, most people won’t know if their appliances are defective until they start malfunctioning, breaking down, or causing a fire. 

It doesn’t matter if it’s a space heater, a washing machine, a refrigerator, or a microwave; you need to take steps to minimize the risk of fire hazards and other dangers once you notice that your appliances aren’t working properly. 

However, before you can initiate a legal proceeding against the manufacturer, it’s important to ensure that you’ve done your due diligence first. This particularly applies if there’s no damage or harm.

• Unplug or disconnect the defective appliance
• Decide whether you want a refund, repair, or replacement (most manufacturers have a warranty period within which you can do all three)
• If you want a refund, just follow the manufacturer’s instructions for requesting one if the  return period is still valid
• If you prefer a repair or a replacement, reach out to the necessary unit, and they’ll start the process
• If the product is no longer covered by the warranty, you can either buy a new one outright or have an appliance repair professional fix it

These are the steps you should take first before exploring any legal action. Without this, your case may be thrown out, or your claim denied on the grounds that you didn’t do the necessary things.

What if You Suffered Losses or Were Hurt Because of the Product’s Defect?

You have rights if a defective product injures you or causes a loved one’s wrongful death. In these cases, you can move straight ahead to filing a defective product claim in Florida. If you take this step, you’ll have multiple legal options to explore. 

These options will provide you with the required legal remedies that will help bring the case to a satisfactory conclusion. But first, you’ll have to identify the product defect type. There are three categories of product defects:

• Defects in warnings and instructions: For instance, all space heaters should have warnings outlining the dangers of leaving the appliance on for longer than 12 hours at a time. When the space heater doesn’t come with this warning and a fire results because you didn’t know, the company should be held responsible.
• Manufacturer defects: For example, if a washing machine manufacturer produces machines prone to electrical sparks after working for a few hours, that’s a defect they should look into and correct. If the electrical sparks from the machine result in a fire, the manufacturer should be held liable for the fire.
• Design defects: For example, if an oven’s heat regulator gradually increases the temperature in the oven, leading to overheating and potential fire outbreaks, the manufacturer or seller can be held liable. 

Legal Remedies Available to Injured Victims

In defective product cases, victims often have two legal options to explore. These are:

Proving Negligence

If you were injured by the defective electronic product in the home, you may be able to seek and collect damages from the at-fault party if you can prove product liability negligence. 

To do this, you would have to show that the manufacturer and/or retailer owed you a duty of care and that they breached that duty, and as a result of that breach, you were hurt or injured and suffered losses or damages. 

A good example would be that of a microwave exploding because of defective elements and causing the plaintiff injuries. In this case, the injured victim may be able to receive monetary compensation for the injuries and/or losses they have to deal with.

Determining Strict Liability

All product manufacturers are considered to be strictly responsible for bad or flawed products, even if they did everything correctly or implemented the required level of care. For instance, in spite of all quality assurance measures and standards, some product units may still come out flawed, while others are fully functional.

If those product units end up hurting someone, the manufacturer will have to pay for the injuries or losses. Therefore, if you’re filing a claim on the basis of strict liability, all you have to do is show that the product defect was from the manufacturing process. Choosing this option completely eliminates the need to prove negligence on the part of the manufacturer or retailer.   

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Need Help With a Defective Electronic House Product Case in Florida?

Product defect cases can be complicated. However, despite their complex nature, Viles & Beckman’s product liability lawyers may be able to help you explore multiple avenues through which you can get your case resolved.

Our product liability lawyers are skilled, knowledgeable, and capable of bringing your case to a logical conclusion by getting you a satisfactory outcome. So, whether it’s filing an insurance claim or employing alternative dispute resolution methods, we do it all.

Contact us today to discuss your case.

Call or text (239) 334-3933 or complete a Free Case Evaluation form