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Fort Lauderdale Product Liability Lawyer

Fort Lauderdale Product Liability Lawyer

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:

  • Design defects. The product is dangerous as designed, such as an SUV prone to rollover or a crib with slats far enough apart to trap a child.
  • Manufacturing defects. The design was safe, but something went wrong in production, such as a contaminated batch of medication or a tire with a flaw in the belt.
  • Failure to warn. The product carried risks the manufacturer knew or should have known about and did not adequately warn of, such as a medication without a warning about a serious side effect.

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

  • Defective vehicle parts, including airbags, seatbelts, tires, and brakes
  • Vehicle design defects that cause rollovers or make crashes more severe
  • Defective medical devices and implants
  • Dangerous drugs and inadequate warnings
  • Defective e-bikes, e-scooters, and lithium-ion batteries that catch fire
  • Household appliances, heaters, and electronics that cause fires or burns
  • Children’s products, toys, cribs, and car seats
  • Power tools and industrial equipment
  • Defective pool drains and equipment

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.

We Take On Manufacturers and Their Insurers

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

  • We preserve the evidence: the product is the case, and we make sure it is secured and examined properly
  • We find every responsible company: manufacturer, distributor, and seller, including the policies behind each
  • Personal attention: our founder, Kweku Darfoor, is personally involved in every case we take on

Frequently Asked Questions

Do I have to prove the manufacturer was careless?

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.

The product that hurt me is old. Can I still bring a claim?

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.

What should I do with the product that injured me?

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.

How much does it cost to hire The Injury Advocates?

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.

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