What You Need to Know Before Filing a Product Liability Case

When you purchase a product, you expect it to be safe for its intended use. If a defective product shatters that expectation and leaves you with serious injuries, the physical, emotional, and financial aftermath can be devastating. While the path forward might seem daunting, getting help from one of our product liability lawyers can give you the direction and support you need to pursue your liability case. Here’s what you need to know before filing, from liability theories and deadlines to how product liability insurance can affect your claim.

Getting to Know Florida Product Liability Law and Your Legal Options

Florida product liability law protects consumers from dangerous products, allowing you to seek compensation from parties in the chain of commerce —designer, manufacturer, distributor, or retailer. But how is liability proven? Your claim may be based on:

• Strict Liability. If the product was defective and caused your injury, the responsible party can be held liable, without proving negligence.
• Negligence. You must show that the manufacturer or seller failed to use reasonable care in designing, manufacturing, or warning about the product.
• Breach of Warranty. If the product didn’t meet express or implied promises of safety or performance, you may have a claim.

Because these legal grounds are complex, it’s wise to book a free, no-obligation consultation with one of our product liability lawyers to identify the best approach for your case.

What Makes a Product Defective?

A product may be defective in 1 of 3 ways; it’s inherently unsafe due to its design, even if made correctly (design defect), a mistake during production makes the specific item or batch dangerous (manufacturing defect), or the product lacks proper warnings or instructions about hidden risks (marketing defect).

Being Aware of Florida’s Product Liability Deadlines

Strict legal deadlines govern product liability lawsuits in Florida, and missing them can permanently bar your claim.

1. Florida’s Statute of Limitations. Florida Statute H.B 837 requires that product liability lawsuits, including those based on negligence, must be filed within two years of the injury or its discovery, as of March 2023.
2. Florida’s Statute of Repose. Generally, you cannot file a claim more than twelve years after the product was first sold or used, regardless of when the injury was discovered. Exceptions may apply, particularly if the product had an expected life of ten years or less.

Contacting a skilled product liability lawyer immediately ensures your case is fully evaluated and filed within the necessary timeframe.

What You Must Prove – 5 Elements of a Florida Product Liability Case

To succeed in your claim, your product liability lawyer must establish:

1. The product was sold by the defendant.

2. The product was defective (in design, manufacturing, or marketing).

3. The defect existed when the product left the defendant’s control.

4. The defect directly caused your injury.

5. You suffered actual damages, such as:

• Medical bills (current and ongoing).
• Lost wages or reduced earning ability.
• Pain and suffering.
• Property damage.
• Permanent disability/disfigurement.

Each element requires evidence—medical records, product documentation, expert opinions, and more, all of which come from you taking the essential steps below.

Essential Steps After a Product-Related Injury in Florida

1. Your health comes first; get medical attention and start the trail of medical records.
2. Don’t alter or throw away the product, packaging, or instructions.
3. Document everything. Take photos of the product, your injuries, and the scene. Keep receipts, medical bills, and journal your recovery.
4. Collect witness names and contact information for those who saw the incident.
5. Don’t discuss details with the company or their insurer before consulting a product liability lawyer.

Products Liability Insurance – What It Means for Your Case

In Florida, where strict product liability laws make it easier for injured consumers to seek compensation, most reputable businesses carry product liability insurance as a safeguard against lawsuits. This is a specialized form of coverage that protects businesses from financial losses if a product they made, distributed, or sold causes injury or property damage.

It Covers

• Bodily Injury. Medical expenses, pain and suffering, and other damages if a product injures a consumer.
• Property Damage. Costs to repair or replace property damaged by a defective product.
• Legal Fees. Attorney costs, court fees, and expert witness expenses if a claim is filed.
• Settlements and Judgments. Payouts to injured parties if the business is found liable.
• Defects Covered. Design defects, manufacturing defects, marketing defects (failure to warn), and improper instructions.

When you file a product liability claim, the at-fault party’s insurance adjustors will negotiate the process, often undervaluing your claim or outright disputing or denying it, saying you either misused the product, your injuries weren’t caused by the product, or the product wasn’t defective. With a dedicated product liability lawyer by your side, you’ll have a powerful advocate to demand full compensation, negotiate from a position of strength, and—if necessary—take your case to trial.

Complex Claims Require Expert Advocacy – Call Personal Injury of Florida for a No-Obligation Consultation

Don’t let confusion or delay jeopardize your future. If you or a loved one has been injured by a defective product, call Personal Injury of Florida at 561-507-5700 for a free, no-obligation consultation. Our experienced product liability lawyers are available 24/7 to listen, advise, and fight for your rights.