There’s been an ongoing debate about whether or not glyphosate, the active ingredient in Roundup, causes cancer. Studies have shown that the risk of developing cancer, specifically non-Hodgkins lymphoma, increases after exposure to glyphosate. Monsanto, the company responsible for Roundup, denies these claims. However, the rate of cancer has increased in and around areas where Roundup is sprayed.
Monsanto is currently facing more than 11,000 Roundup injury lawsuits. Plaintiffs in the cases accuse the company of marketing a dangerous product and failing to warn about health risks. The lawsuits seem to have secured the attention of Florida lawmakers.
The city of Miami has decided that it’s not taking any chances. Glyphosate is no longer welcome in Miami. City officials voted to implement a ban on the controversial pesticide. City departments and contractors are now prohibited from spraying glyphosate within city limits.
Companies Owe a Duty of Care to Florida Consumers
When a company sells a product in Florida, it has an obligation to make sure that it is as safe as is reasonably possible. If there’s a safer way to design or manufacture a product, and the cost wouldn’t be prohibitive, companies must choose that alternative method. Failing to choose that safe alternative can result in liability if anyone is harmed because of the product.
Roundup is at the center of controversy because studies suggest that its active ingredient causes cancer. Lawsuits claim that Roundup is unreasonably dangerous. Plaintiffs want the company held accountable for harm caused by its toxic pesticide.
Monsanto Failed to Warn Consumers About Risks of Glyphosate
Florida product liability law requires companies to warn consumers about risks associated with the use of their products. Lawsuits filed against Monsanto claim that the company knew about glyphosate’s health risks but failed to provide an adequate warning.
Many lawsuits even accuse the company of manipulating scientific studies, colluding with the FDA to downplay health risks, and misleading the public about the dangers of its popular pesticide.
Companies like Monsanto can be held accountable if consumers are harmed because they weren’t warned about health risks. Many of the plaintiffs in Roundup injury lawsuits developed cancer after being exposed to the company’s pesticide. They argue that they would have avoided exposure to Roundup if they’d known the risks. Now they’re demanding compensation for their life-changing injuries.
How Long Do Plaintiffs Have to File a Product Liability Lawsuit?
In most cases, personal injury cases in Florida must be filed within four years of an accident or injury. However, there are times when victims may not know that they’ve been injured within this period of time. Other times, victims may not realize that a particular incident is responsible for their injuries.
For example, it could take years for someone to realize that (a) they’ve developed life-threatening health issues and/or (b) their injuries were caused by exposure to Roundup.
In these situations, Florida law provides a bit of flexibility. Under the delayed discovery doctrine, plaintiffs might be entitled have additional time to file a lawsuit if there is a reasonable delay in the discovery of an injury. This is particularly true if it is an action based on fraud. Once a victim realizes that they’ve been harmed because of a defective product, they’ll have a short window of time in which to file a claim. This is true, even if the typical statute of limitations has already expired.
Protect your right to file a lawsuit by contacting an experienced Miami personal injury attorney immediately after you discover an injury. You could be prohibited from getting the money you deserve if you wait too long to file a claim.