Medical treatment
Care for the injury the product caused, documented from the first visit so the connection to the product is on the record.
Florida personal injury attorneys
Product Defect Lawyer
A product that injures someone was supposed to be safe to use. Florida lets you pursue a defective product without first proving the manufacturer was careless. We build the case around the product itself.
5.0 rating · 74 Google reviewsNo fee unless we recover for you
$16M+Recovered for clients
600+Florida clients represented
$0Upfront fee, contingency basis
StatewideLicensed across all Florida courts
Three kinds of defect
A product can be defective in three ways. The theory shapes the case.
Florida law recognizes three distinct theories for a defective product claim. A manufacturing defect means a specific unit came off the line differently than it was designed, an assembly error or contamination that made that particular product dangerous.
A design defect means the entire product line is unreasonably dangerous even when built exactly as intended. A marketing or failure-to-warn defect means the product itself may be fine, but it shipped without adequate instructions or warnings about a real, known risk. Florida also allows a strict liability theory for defective products, meaning you can potentially recover by proving the product was defective and unreasonably dangerous without separately proving the manufacturer was negligent in making it, a real advantage compared to an ordinary negligence claim.
Deadlines in this area are genuinely more generous than most personal injury claims, and worth getting right. Florida's statute of limitations for a product liability action is generally four years, longer than the two-year window that applies to ordinary negligence claims since 2023. A separate statute of repose generally cuts off product liability claims 12 years after the product was first delivered to its original purchaser, with exceptions for things like extended warranties or a manufacturer's concealment of a known defect, so both deadlines need to be checked against the specific facts of when the product was made and sold. A defective product that causes harm through contaminated or mislabeled food follows a related but distinct legal path.
01
Florida generally allows four years to file a product liability action.
That is longer than the two-year window for ordinary negligence claims, but a separate statute of repose generally cuts off claims 12 years after the product was first delivered, so both dates need checking.
Before anything gets thrown away
Keep the product. Keep everything that came with it.
A product case depends on physical evidence more than most injury claims. The instinct to clean up, repair, or discard is the one to resist.
01 /
Keep the product
Do not throw it away, even if it's damaged. It's the central piece of evidence, and a case often cannot proceed without it.
02 /
Keep packaging and instructions
Warning labels and manuals matter for a failure-to-warn theory. The box, the inserts, and the manual show what warnings actually shipped with the product.
03 /
Get medical treatment
Document the injury and its connection to the product itself. Tell the provider how it happened so the record links the two from the start.
04 /
Check for a recall
A recall notice can be powerful evidence, but its absence doesn't end your claim. A recall is not required, and it is not an automatic win either.
Want to check whether the product was recalled? The CPSC keeps a searchable record of official recalls and safety notices. U.S. Consumer Product Safety Commission, Recalls ↗
What a claim can address
The question is what was wrong with the product.
A product defect claim is organized around the defect, the injury it caused, and everyone who put that product into your hands.
Which defect theory applies, and who is in the chain, are the two questions that shape everything else.
The defect, whichever kind
A unit that was made wrong, a design that is dangerous even when built correctly, or a product that shipped without an adequate warning.
The whole distribution chain
The manufacturer, a component-part maker, a distributor, a wholesaler, or the retailer that sold it, depending on how the defect arose.
Recalls & regulatory compliance
Recalls and safety standards are evidence, not the verdict.
Defective products cause real, common harm, not rare freak accidents. A product recall through the Consumer Product Safety Commission isn't required to bring a claim, and it isn't an automatic win either.
Recall evidence can help show the manufacturer had notice of a defect, but you still have to independently prove the defect actually caused your injury, and under federal law the CPSC's own decision not to investigate or act on a product can't even be used as evidence in your case either way.
Manufacturers often argue that meeting a government safety standard proves their product wasn't defective. Under Florida Statute 768.1256, that's only a rebuttable presumption, not an automatic defense, meeting a relevant regulation creates a presumption the product isn't defective, but that presumption can be overcome, for example by showing the standard was outdated or never addressed the specific risk that caused your injury. The same statute works in reverse: failing to meet an applicable standard creates a presumption the product is defective. Compliance is evidence for both sides to argue over, not a final answer either way.
Search CPSC recalls ↗15.1Mproduct-related injuries treated in U.S. ERs in 2024, up 18% from 2023
Source: U.S. Consumer Product Safety Commission, NEISS injury surveillance data.
§ 768.1256
What we look at first
Recall history and regulatory compliance are argued by both sides. We check the record before the manufacturer frames it.
01
Was there a recall or safety notice?
A recall can show the manufacturer had notice of the defect. Its absence does not close the claim.
A recall can show the manufacturer had notice of the defect. Its absence does not close the claim.
02
Did the product meet an applicable standard?
Meeting one creates a presumption in the manufacturer's favor. Failing one creates a presumption in yours.
Meeting one creates a presumption in the manufacturer's favor. Failing one creates a presumption in yours.
03
Did that standard cover this risk?
A standard that was outdated, or that never addressed the specific hazard that hurt you, can be overcome.
A standard that was outdated, or that never addressed the specific hazard that hurt you, can be overcome.
The product itself is the evidence. A defective product is often altered, discarded, or repaired before anyone realizes it may matter to a legal claim. Preserving the product exactly as it was at the time of the injury, packaging, manuals, and all, is one of the most important things a claimant can do, since it's frequently the single piece of evidence a case can't proceed without.
How we work
You keep the product. We take it from there.
Manufacturers and their insurers know how to argue compliance and causation. We put the product, its paperwork, and its history in front of that argument before it gets made.
Talk with our team01
We hear how it failedHow the product was used, what went wrong, what warnings came with it, and how you were hurt.
02
We examine the product and its recordThe unit itself, the packaging and manuals, any recall or safety notice, and whether an applicable safety standard was met or missed.
03
We map the chain and the clockEvery party from manufacturer to retailer who could share responsibility, checked against both the four-year limitations period and the 12-year statute of repose.
Recalls, standards & the supply chain
Four questions that decide how a product case is built.
A recall, a safety standard, and the length of the distribution chain each change the shape of the claim without deciding it. These are the four we work through on every product injury.
01
Notice through a recall
A recall through the Consumer Product Safety Commission can help show the manufacturer knew about the defect. It does not relieve you of proving that the defect actually caused your injury.
02
What the CPSC did not do
Under federal law, the CPSC's own decision not to investigate or act on a product cannot be used as evidence in your case, in either direction. Inaction by the agency is not a finding about the product.
03
A presumption that cuts both ways
Florida Statute 768.1256 makes compliance with a relevant regulation a rebuttable presumption that the product is not defective, and makes failure to comply a presumption that it is. Neither presumption is final.
04
Every party in the chain
The manufacturer, a component-part maker, a distributor, a wholesaler, and the retailer that sold the product can each share responsibility, depending on how the defect arose and who is legally answerable for it.
From here
Three steps, and the product comes with you.
You do not need to know which defect theory applies before you reach out. Bring the product and what came with it, and we sort out the rest.
01
Tell us what failed
Call or send a short message about the product, how it was being used, and how you were injured.
02
Get a clear read on the claim
We explain which defect theory fits, who in the distribution chain may be responsible, and where both filing deadlines fall.
03
Hand off the legal work
If we take the case, we preserve the evidence, deal with the manufacturer and insurers, and prepare the claim for whatever path it needs.
Already repaired or partly discarded the product? Contact us anyway and tell us what remains. What is left may still matter.
Product defect questions
What people ask before they call.
General answers about how Florida treats defective products. The specifics of your product and its history decide the rest.
Ask about your product ↗What are the different types of product defect claims in Florida?
Florida recognizes three main theories: a manufacturing defect, where a specific unit was made incorrectly; a design defect, where the entire product line is dangerous even when made exactly as intended; and a marketing or failure-to-warn defect, where the product lacked adequate instructions or warnings about a known risk.
Do I have to prove the manufacturer was negligent?
Not necessarily. Florida allows strict liability claims for defective products, meaning you can potentially recover by showing the product itself was defective and unreasonably dangerous, without needing to separately prove the manufacturer was careless in making it.
How long do I have to file a product liability lawsuit in Florida?
Florida's statute of limitations for a product liability action is generally four years, a longer window than the two-year deadline that applies to most ordinary negligence claims. There is a separate statute of repose that generally cuts off claims 12 years after a product was first delivered, with some exceptions, so both deadlines matter.
Can I sue the retailer, or only the manufacturer, for a defective product?
Potentially any party in the distribution chain, including the manufacturer, a component-part maker, a distributor, a wholesaler, or the retailer that sold it to you, depending on the facts of how the defect arose and who is legally responsible for it.
Do I need a recall to bring a product defect claim?
No. A product recall through the Consumer Product Safety Commission isn't required to bring a claim, and it isn't an automatic win either. Recall evidence can help show the manufacturer had notice of a defect, but you still have to independently prove the defect actually caused your injury, and under federal law the CPSC's own decision not to investigate or act on a product can't be used as evidence in your case either way.
Does meeting a government safety standard protect the manufacturer?
Not automatically. Under Florida Statute 768.1256, meeting a relevant regulation creates a rebuttable presumption that the product isn't defective, but that presumption can be overcome, for example by showing the standard was outdated or never addressed the specific risk that caused your injury. The same statute works in reverse: failing to meet an applicable standard creates a presumption the product is defective.
Proof and further reading
Related case results and articles
Related case results
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