The Impact of Florida’s Statute of Repose on Product Liability Claims

Imagine discovering a dangerous defect in a product years after you purchased it – a defect that caused you serious injury. You believe you have a right to compensation, but you’re met with a devastating legal challenge: a deadline you didn’t know existed, one that expired before you found the flaw. This harsh reality, created by the Statute of Repose of Florida, sets an absolute deadline that can cut off your right to sue. At Personal Injury of Florida, we understand how frustrating and unfair this can feel, so we’re here to explain what this critical legal barrier is, help you learn it, and guide you in taking timely, informed action to protect your right to pursue the justice and compensation you deserve.

What Is the Statute of Repose in Florida and How Does It Differ from the Statute of Limitations?

Florida’s Statute of Repose is a legal boundary that sets an absolute deadline for filing product liability cases, which may bar you from seeking compensation even if you only recently became aware of a product’s dangerous flaw. Unlike the Statute of Limitations, which starts when you discover or should have discovered your injury, Florida’s Statute of Repose begins the moment the product is delivered to its first purchaser. “Delivery” typically refers to the date the product is sold or transferred to the original consumer, though in some cases, installation or actual possession may trigger the deadline.

The Key Deadlines of Florida’s Statute of Repose You Need to Know

Once the repose period expires, your right to file a claim is typically gone forever. To help you avoid this, here’s what you need to know:

• 12-Year Deadline. For most products, you cannot bring a product liability claim more than 12 years after the product was first delivered to a consumer, regardless of when the injury occurs.
• 10-Year Useful Life Presumption & Warranty. Florida law presumes most products have a useful life of 10 years or less. You can overcome this if you prove the product was intended to last longer, but the 12-year limit remains. If a manufacturer specifically warrants a longer life, the deadline may match the warranty, but never more than 12 years after delivery unless otherwise expressly stated.
• Special Products. Some products, such as certain aircraft, large vessels, railroad equipment, and improvements to real property, have different rules, sometimes extending the period to 20 years or more.

When Does Florida’s Statute of Repose Not Apply?

There are rare but important exceptions:

• If a manufacturer knew about a defect and took steps to conceal it, then the Statute may be paused (“tolled”), giving you more time to file.
• If you used the product within the repossession period but the injury didn’t manifest until after the period expired, you may still have a claim.

This law is designed to protect manufacturers from stale claims, but with the right legal guidance, you can defend your rights and maximize your opportunity for recovery. If you’re unsure about your case deadline, contact our team for help and find the answers you need to take action.

Why Staying Current With Local Expertise Matters in FL Products Liability Cases

Keeping pace with Florida’s changing laws is vital to preserving your ability to file a successful product liability claim. Legislative changes and evolving court decisions can impact how and when the Statute of Repose deadline applies, so it’s in your best interest to work with a Florida-based attorney who can monitor legal developments and advise you on the latest requirements.

What Should You Do If You Have a Product Liability Case in Florida?

• Check the Product’s Age. Find out when the product was first delivered or sold.
• Clarify the Triggering Event. Was it the sale, installation, or another transfer? This affects your deadline.
• Gather Documentation. Keep receipts, warranties, and any communication with the manufacturer.
• Don’t wait. The clock may already be ticking.
• Consult an Attorney. Only a skilled products liability lawyer can determine if exceptions apply to your case.

Don’t Let Time Run Out – Call Personal Injury of Florida for a Free Consultation

Your right to justice shouldn’t be lost to the passage of time. If you or a loved one is injured by a defective product, don’t let Florida’s Statute of Repose end your claim before it can begin. Call Personal Injury of Florida at 561-507-5700, 24/7, or contact us online. Your consultation is free, and there’s no fee unless we win.