When a Product Causes a Serious Injury
Products are supposed to be safe when used as intended. When a car part fails, a medical device malfunctions, a space heater catches fire, or a child’s toy breaks into a choking hazard, the people hurt are often left wondering whether anyone is responsible. In Florida, manufacturers, distributors, and sellers can be held liable for injuries caused by defective products, and in many cases the injured person does not have to prove the company was careless.
The Injury Advocates represents people across Broward, Miami-Dade, and Palm Beach counties who were seriously hurt by defective products. Our founder, Kweku Darfoor, is personally involved in every case we take on.
Three Kinds of Product Defects Under Florida Law
Florida recognizes strict liability for defective products, which means a manufacturer can be responsible for the harm a defect causes even if it used reasonable care. The injured person must show the product was defective when it left the manufacturer, the defect made it unreasonably dangerous, and the defect caused the injury. There are three types of defects:
Claims can also be brought for negligence and for breach of warranty. Everyone in the chain of distribution, from the manufacturer to the distributor to the retailer, may share responsibility, which matters because the manufacturer is often overseas or out of state.
Product Liability Cases We Handle
Deadlines That Can End a Product Claim
Florida has two separate deadlines in product cases. The first is the statute of limitations: for most negligence claims arising on or after March 24, 2023, suit must be filed within two years of the injury under section 95.11. The second is the statute of repose in section 95.031, which generally bars a product liability claim brought more than 12 years after the product was first delivered to a purchaser, no matter when the injury happened, with limited exceptions for products with a longer expected useful life and for manufacturers who fraudulently concealed a defect.
These deadlines make early action essential. So does the evidence. The product itself must be preserved exactly as it was at the time of the injury, not repaired, discarded, or returned to the store. We send preservation demands, retain the product, and work with engineers and other experts to identify the defect.
Related Pages
Product cases are technical and the companies involved have resources. We preserve the evidence, retain the right experts, identify every company in the chain of distribution, and pursue the full value of your claim.
Why Injured People Choose The Injury Advocates
Not under strict liability. You must show the product was defective when it left the manufacturer, that the defect made it unreasonably dangerous, and that it caused your injury. Negligence and breach of warranty claims may also apply.
Florida’s statute of repose generally bars product claims more than 12 years after the product was first sold, with limited exceptions. Because the rule is strict, it is important to find out the product’s history quickly.
Keep it. Do not repair it, throw it away, or return it. Photograph it and the injury, keep the packaging, manual, and receipt if you have them, and contact a lawyer so the product can be preserved properly for inspection.
Nothing up front. Your consultation is free, and we handle injury cases on a contingency fee basis, which means our fee is a percentage of the money we recover for you. If we do not win your case, you owe no attorney’s fees and no case costs.