A product liability claim is a legal action you can bring when you’re injured by a defective or dangerous product. Product liability lawsuits hold manufacturers, distributors, and sellers accountable for designing unsafe products and selling them to consumers.
Product liability claims often involve defective medical devices, dangerous pharmaceuticals, faulty auto parts, unsafe children’s products, defective machinery or tools, and contaminated food products.
Companies have a responsibility to ensure their products are safe for their intended use. When a product fails to meet safety standards and causes you harm, you can seek compensation for medical bills, lost wages, pain and suffering, and other damages.
Florida Product Liability Law
Florida’s product liability law is established in Florida Statutes § 768.81:
“Products liability action” means a civil action based upon a theory of strict liability, negligence, breach of warranty, nuisance, or similar theories for damages caused by the manufacture, construction, design, formulation, installation, preparation, or assembly of a product. The term includes an action alleging that injuries received by a claimant in an accident were greater than the injuries the claimant would have received but for a defective product…” – Florida Statutes § 768.81(d)
Under Florida law, every member of the distribution chain may be liable, including the manufacturer, distributor, or retail store that sold the product. As a result, plaintiffs have multiple potential defendants if one party lacks resources to pay for the damages.
Florida follows a strict liability standard for product defects, which is advantageous for injured consumers. Strict liability means that you don’t have to prove the manufacturer was careless or negligent, you only need to show that the product was defective and that defect caused your injury. The focus is on the product itself, not the company’s behavior.
You can recover damages for economic and non-economic damages you’ve suffered due to the defect and the court may award punitive damages in cases of egregious negligence or intentional harm.
What is the Statute of Limitations for Product Liability Cases in Florida?
The statute of limitations for product liability cases in Florida is generally 4 years from the date you were injured (or when you discovered the injury).
You may not immediately realize that you were injured, or that the injury was caused by an unsafe product (particularly with latent injuries from defective medical devices or toxic products). In these cases, you have 4 years from when you discovered the injury.
The statute of limitations can also be extended if there was fraud of concealment by the defendants to prevent you from finding out about the injury or product defect.
Missing the statute of limitations deadline can cost you your opportunity to sue, regardless of how strong your case is, so discuss your case with a lawyer as early as possible to avoid missing your chance to file a lawsuit.
Exceptions that Can Extend the Deadline
There are situations where different time limits may apply:
- Minors: If the injured person is under 18, the statute of limitations may be tolled (paused) until they reach adulthood
- Fraud or concealment: If the manufacturer fraudulently concealed the defect, the time limit may be extended
- Wrongful death: Different rules apply if the defect caused a death
- Breach of warranty claims: May have different time limits under Florida’s Uniform Commercial Code
What Do You Have to Prove to Win a Product Liability Lawsuit?
To win a product liability case in Florida, you need to prove several key elements. The good news is that Florida’s strict liability standard makes this somewhat easier than in states that require proving negligence.
- The product was defective. The defect can be in the design, manufacturing, or warnings/instructions.
- The defect existed when the product left the manufacturer’s or seller’s control (meaning you didn’t break it or modify it after purchase).
- The defect directly caused your injury.
- You suffered actual damages such as medical bills, lost wages, pain and suffering, or other losses.
Contact Us for a Free Consultation
If you’ve been injured by a defective or unsafe product, contact us for a free consultation with a product liability lawyer at Swope, Rodante P.A. Our attorneys have decades of experience representing clients in product liability cases. We can help you win compensation for your injuries. Call (813) 273-0017 to discuss your case and your legal options.
