Resulting property damage
Damage caused by a defective water heater, appliance, electrical component or building material, which your property insurance may cover.
Florida property damage attorneys
Defective Product Property Damage Lawyer
You do not have to prove the manufacturer was careless, only that the product was defective and caused the damage. We pursue both your policy and the manufacturer. The product itself is the evidence, so keep it.
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Defective product damage claims
Strict liability lowers the bar. The product was defective and it caused the damage. That is the case.
When a defective water heater, appliance, electrical component or building material causes property damage, Florida law often allows recovery under strict liability, meaning the manufacturer can be held responsible simply because the product was defective and caused the damage, without needing to prove the manufacturer was careless.
That is a meaningfully lower bar than a typical negligence claim.
The lower bar only helps if the defect can still be shown. That is why what happens to the product after the damage matters as much as the damage itself.
01
Whether the product itself has been preserved as evidence is the first question we ask.
The product is often the most important piece of evidence in a defect claim, and discarding it can make proving the defect significantly harder later.
Right after the failure
Keep the product. Photograph the rest.
A defect claim is only as strong as the evidence that survives cleanup. Protect the product before anything else gets thrown away.
01 /
Keep the product
Preserve it as evidence rather than discarding it after the damage. It is often the most important piece of evidence in a defect claim.
02 /
Photograph everything
Capture the product and the full extent of the resulting damage. Include the make and model, since that is what a recall search runs on.
03 /
Check for a recall
Search the make and model for any existing recall or known issue. A recall is often an acknowledgment that the product has a known defect.
04 /
File your property claim too
Start your insurance claim while the product liability angle is evaluated. Your policy may cover the resulting damage while the manufacturer claim pursues the cause.
Already threw the product out? Call anyway. Photographs, the make and model, and any recall record still matter. The product itself is the strongest evidence, so keep whatever is left of it.
What a claim can address
The damage the product caused, and the defect behind it.
A defective product claim covers the resulting damage through your own policy and pursues the underlying cause against the manufacturer, distributor or retailer.
Your insurer handles the damage. The manufacturer answers for the defect. Both are part of the claim.
The manufacturer's responsibility
A separate product liability claim against the manufacturer, distributor or retailer for the underlying defect, under strict liability where it applies.
A recall-backed claim
Where the product is subject to a known recall or defect notice, that acknowledgment strengthens the claim against the manufacturer.
Recall and coverage
A recall strengthens the claim. Your own policy runs alongside it.
A known recall on the product involved can strengthen this kind of claim significantly, since a recall is often an acknowledgment of a defect the manufacturer already knew about. This path also usually runs alongside, not instead of, your own property insurance claim, since your policy may cover the resulting damage while a separate product liability claim pursues the underlying cause.
Two claims, two targets. Your insurer covers the damage, and the manufacturer, distributor or retailer answers for the defect.
Strict liability
What we check on every defective product damage claim
The defect, the recall, the coverage, and the evidence.
01
Is there a recall?
Whether the product is subject to any known recall or defect notice, which can strengthen the claim significantly.
Whether the product is subject to any known recall or defect notice, which can strengthen the claim significantly.
02
Does strict liability apply?
Whether strict liability applies to reduce what must be proven, so carelessness does not have to be shown.
Whether strict liability applies to reduce what must be proven, so carelessness does not have to be shown.
03
Are both claims moving?
Whether both your insurance claim and a manufacturer claim are being pursued, rather than one at the expense of the other.
Whether both your insurance claim and a manufacturer claim are being pursued, rather than one at the expense of the other.
04
Is the product preserved?
Whether the product itself has been preserved as evidence, since discarding it can make proving the defect much harder.
Whether the product itself has been preserved as evidence, since discarding it can make proving the defect much harder.
How the two paths actually get coordinated. Often both are pursued. Your property insurance may cover the resulting damage while a separate product liability claim against the manufacturer, distributor or retailer pursues the underlying cause. We help coordinate both paths to maximize your recovery.
How we work
You keep the product. We prove the defect.
A defect claim is won on evidence and coordination. We check the recall record, establish that strict liability applies, and run your insurance claim and the manufacturer claim together.
Talk with our team01
We check for a recallExisting recalls or known issues with the product involved in your damage, which can strengthen the claim significantly.
02
We apply strict liabilityResponsibility based on the product being defective and causing the damage, without having to prove the manufacturer acted carelessly.
03
We run both claims togetherYour property insurance for the resulting damage, and the product liability claim for the cause, pursued together.
A simpler way forward
Three steps, starting with the product.
You do not need to know whether there is a recall before you call. Bring the product if you have it, the make and model, and what you photographed.
01
Tell us what failed
Call, or use the form to send a few details. We ask what the product was, what it damaged, and whether you still have it.
02
Hear whether strict liability fits
We tell you whether the facts support a product liability claim, whether a recall exists, and what your own policy should be covering.
03
Let us handle the manufacturer and your insurer
If we take the claim, we deal with the manufacturer, distributor or retailer and coordinate your property claim, while you get the damage repaired.
Insurer already paid for the damage? Send us what you have. The product liability claim runs separately from the property insurance claim, and the two are usually pursued together, not one or the other.
Defective product claim questions
Clear answers about product defects and coverage.
General answers only. Whether the product was preserved, whether a recall exists, and what your policy covers decide your claim.
Ask us about your situation ↗Do I have to prove the manufacturer was negligent to recover for a defective product?
Not necessarily. Florida product liability law allows for strict liability in many cases, meaning a manufacturer can be held responsible simply because the product was defective and caused damage, without needing to prove the manufacturer acted carelessly or not.
The product that caused the damage is part of a recall. Does that help my claim?
It can strengthen a claim significantly, since a recall is often an acknowledgment that the product has a known defect. We check for existing recalls or known issues with the product involved in your damage.
Should I pursue my insurance company, the manufacturer, or both?
Often both. Your property insurance may cover the resulting damage while a separate product liability claim against the manufacturer, distributor or retailer pursues the underlying cause. We help coordinate both paths to maximize your recovery.
Do I need to keep the defective product after the damage occurs?
Yes, whenever possible. The product itself is often the most important piece of evidence in a defect claim, and discarding it can make proving the defect significantly harder later.
Proof and further reading
Related case results and articles
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