At the end of 2020, the U.S. Consumer Product Safety Commission (CPSC) reported a Home Depot ceiling fan recall. After receiving dozens of reports, Home Depot issued the voluntary recall that the fan’s blades were detaching and posing serious dangers to people and property. Despite the voluntary recall, individuals who suffered injuries from a faulty ceiling fan may recover damages under Florida product liability laws. Responsible parties may include the product’s manufacturer, importer, wholesaler or retailer. Essentially any party in the stream of commerce may be a potential party.
The Home Depot described the nearly 200,000 ceiling fans as having remote controls, and LED lights. The home improvement store sold the fans in white, black and polished nickel. The fans are manufactured by a Florida company producing the items in China and importing them out of Georgia. There were approximately 182,000 units sold in the United States and another 9,000 in Canada. Manufacturers and federal authorities advised consumers who purchased the fans to stop using them and inspect the blades to ensure that they are not uneven. If any erratic movements or gaps are present, the consumers should contact the distributor.
Florida statute 768.81 governs product liability claims in the state and explains injury victims’ rights and remedies. The majority of claims stem from negligence or strict liability; however, some may arise from a breach of warranty. More than one theory may apply; however, an attorney can help plaintiffs determine the most promising strategic approach.