Legal Question in Personal Injury in Florida
When a retailer sells a product with a motor and the operator of that product is hurt due to malfunction of motor, OR user error, how many owners can the product have (1st, 2nd, 3rd, etc ) before the liability is lifted from this original seller?.
I understand that it stays for 10 years, but I would like to know if the transfer of ownership negates the liabiltity or does it stay attached no matter how many different owners.
2 Answers from Attorneys
This is a very complicated question, I will do my best to answer it. A new owner may still be in privity, because the original seller may know that the product they are putting out will have multiple owners. Which means a new owner can look to the manufactorer for defects. Ex. If I buy a used Toyota, and the gas pedal sticks. Toyota may still be liable, no matter how many users between me and them.
If the user error is known to the manufacturer, or it's reasonably foreseeable that a user would make an error in operation, (such as getting too close to moving parts causing clothing to be tangled), then the liability exists. Manufacturers keep records of injuries caused by their products, and they also have internal documents that may show its awareness of the possibility and extent of injury by their product, even before marketing the item. These sorts of suits are expensive to litigate, as the companies do not give up the information easily.