Product Liability Cases in Florida: When Can You Sue?

Introduction

When a defective product causes injury, the manufacturer, distributor, or retailer may be held responsible through a product liability lawsuit. Florida law allows consumers to seek compensation when a product is dangerous, improperly designed, or lacks adequate warnings.

This guide explains when you can sue for product liability in Florida, the types of defective product claims, and how to recover compensation for injuries caused by unsafe products.

What Is Product Liability?

Product liability refers to the legal responsibility of companies that design, manufacture, or sell products that cause harm. Unlike other personal injury claims, a product liability case does not always require proving negligence—if a product is defective and causes harm, the manufacturer may be automatically liable.

Common product liability cases involve:

• Defective vehicles or auto parts (brakes, airbags, tires)
• Dangerous prescription drugs or medical devices
• Faulty electronics and appliances
• Toxic household products or chemicals
• Defective children’s toys and baby products

Types of Product Defects That Lead to Lawsuits

Florida law recognizes three types of product defects that can lead to legal claims:

1. Design Defects

A design defect occurs when a product is dangerous even when used as intended due to a flaw in its original design.

Examples:

• A car model prone to rolling over due to poor weight distribution.
• A power tool that lacks a safety guard, increasing the risk of injury.
• A medical implant that breaks or fails inside the body.

2. Manufacturing Defects

A manufacturing defect happens when a product is designed correctly but has a flaw due to errors during production.

Examples:

• A batch of contaminated food or medicine that causes illness.
• A seatbelt that fails due to poor assembly.
• A toy with loose parts that create a choking hazard.

3. Failure to Warn (Marketing Defects)

Manufacturers must provide clear warnings and instructions about potential dangers. Failure to do so may result in liability.

Examples:

• Prescription drugs without adequate warnings about dangerous side effects.
• Household chemicals without proper usage instructions.
• Electronics that can overheat but lack warnings about fire risk.

Who Can Be Held Liable in a Product Liability Case?

Several parties in the supply chain may be responsible for a defective product, including:

• Manufacturers (if the defect originated in design or production).
• Distributors and wholesalers (if they knowingly sold a dangerous product).
• Retailers (if they sold a defective product to consumers).

Even if the retailer did not manufacture the product, they may still be liable for selling an unsafe item.

How to Prove a Product Liability Case in Florida

To succeed in a product liability lawsuit, the injured person must prove:

1. The product was defective due to design, manufacturing, or marketing flaws.
2. The product was being used as intended or in a foreseeable way.
3. The defect directly caused the injury or harm.
4. The injury resulted in damages, such as medical bills, lost wages, or pain and suffering.

Unlike other personal injury cases, product liability claims may be based on strict liability, meaning that the victim does not need to prove negligence—only that the product was defective and caused harm.

What Compensation Can You Recover?

Victims of defective products may be entitled to compensation for:

• Medical expenses (hospital treatment, rehabilitation, medications)
• Lost wages (time off work due to injuries)
• Pain and suffering (physical pain, emotional distress)
• Permanent disability or disfigurement
• Punitive damages (if the manufacturer knowingly sold a dangerous product)

The value of a product liability claim depends on the severity of the injuries and the long-term impact on the victim’s life.

How Long Do You Have to File a Product Liability Lawsuit in Florida?

The statute of limitations for product liability claims in Florida is two years from the date of injury.

Exceptions may apply if:

• The injury was not immediately discovered (delayed discovery rule).
• The product was recalled after the injury occurred.

If a lawsuit is not filed within the deadline, the victim may lose the right to seek compensation.

How a Product Liability Attorney Can Help

Product liability cases often require expert testimony, technical investigations, and negotiations with large corporations. An experienced attorney can:

• Investigate whether similar injuries have been reported with the same product.
• Work with engineering and medical experts to prove the defect.
• Determine which parties in the supply chain are responsible.
• Negotiate a fair settlement or take the case to trial if needed.

At Bonderud Law, we have extensive experience handling product liability claims and fighting for injury victims. If you have been injured by a defective product, contact us today for a free consultation.

Conclusion

Florida law protects consumers from defective and dangerous products, holding manufacturers, distributors, and retailers accountable for harm caused by their goods. If you or a loved one has suffered injuries due to a faulty product, taking legal action can help you recover the compensation you deserve.

Because product liability cases involve complex evidence and corporate legal teams, working with an experienced attorney can increase your chances of a successful claim.