An injury caused by a defective product can bring frustration, confusion, and uncertainty about the next steps to take. Whether it’s a malfunctioning household appliance, a dangerous toy, or a faulty car part, these accidents can lead to serious injuries, expensive medical bills, and emotional distress. If you or a loved one has been harmed by a defective product in Florida, understanding your legal options is essential to protecting your rights and securing the compensation you deserve.

Product liability laws exist to hold manufacturers, designers, and distributors accountable when their products cause harm. Victims of defective product accidents in Florida may be entitled to compensation for medical expenses, lost wages, and pain and suffering. However, navigating a product liability claim can be very challenging without the right knowledge and legal guidance. By understanding how these cases work and what evidence is needed to prove fault, you can take the necessary steps to build a strong claim.

If you’ve been injured by a defective product, you don’t have to face the aftermath alone. We will walk you through the key aspects of product liability in Florida, including common types of defects, how to establish liability, and what compensation you may be entitled to. With the right information and legal support, you can take action to hold negligent companies accountable and seek the justice you deserve.

At Brandon J. Broderick, Attorney at Law, we approach every case with care and dedication. Our Florida legal team is committed to building strong claims and fighting for the compensation you deserve. With a reputation for compassionate client advocacy and honest guidance, we prioritize your well-being while aggressively pursuing justice. Let us handle the legal burden so you can focus on healing. Contact us today for a free consultation. We’re here to support you every step of the way.

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Do I Need a Lawyer to File a Product Liability Claim in Florida?

Your chances of a successful outcome can be greatly increased by working with an experienced lawyer. Complexity is frequently associated with product liability cases, which often necessitate meticulous investigations, negotiations with insurance companies, and tight legal deadlines. An attorney’s expertise ensures that your case is handled correctly and that your rights are fully protected.

With Decades of Experience, We Handle Complex Negotiations and Court Proceedings

The lawyers at Brandon J. Broderick can help by gathering critical evidence, such as product documentation, expert testimony, and purchase records, to prove the defect and establish liability in your product liability case. They can also assess the value of your claim, ensuring that you pursue compensation for both your medical expenses and the long-term impact of your injuries. Manufacturers and insurance companies often attempt to minimize payouts or deny claims altogether; our team will handle all negotiations and, if necessary, take your case to trial and fight tirelessly to secure the compensation you deserve.

Your Losses Should Be Fully Compensated

Serious injuries caused by defective products can result in ongoing medical needs and financial strain, especially if your injuries prevent you from working. Whether the defect leads to permanent disability or temporary limitations that impact your daily life, you deserve compensation for all your losses—not just immediate medical expenses. Our Florida attorneys at Brandon J. Broderick are committed to pursuing the maximum settlement to help you rebuild and move forward.

What Should I Do If I’m Injured by a Defective Product in Florida?

If you’ve been injured by a defective product in Florida, taking the right steps immediately can protect your health, preserve evidence, and strengthen your legal case. Product liability laws hold manufacturers, designers, and sellers responsible for injuries caused by their dangerous or faulty products. Here’s what you need to do:

1. Seek Immediate Medical Attention

Your health and safety should be the top priority. Even if your injuries seem minor, get checked by a doctor, as some injuries may worsen over time. Keep records of:

  • Medical evaluations and doctor’s notes
  • Prescriptions and treatment plans
  • Hospital bills and receipts

Medical records will serve as critical evidence in your product liability claim by linking your injuries directly to the defective product.

2. Preserve the Defective Product

Do not throw away or alter the defective product. Keep it in its original condition along with:

  • The original packaging
  • Instruction manuals and warning labels
  • Proof of purchase (receipt, invoice, or bank statement)

This evidence will help determine how and why the product caused your injury. If possible, take clear photographs of the product and any visible damage or defects.

3. Document Everything

Keep a record of all details related to your injury, including:

  • Date, time, and location of the accident
  • How the injury occurred
  • Symptoms and pain levels over time
  • Any lost workdays due to the injury

Additionally, take photos or videos of your injuries, the defective product, and any damaged property. Testimonies from witnesses who saw the accident can also help support your claim.

4. Avoid Speaking to Insurance Companies

Manufacturers and their insurance companies may contact you to offer a quick settlement. These initial offers are often far lower than what your case is worth.

  • Do not sign any documents or agree to a settlement without legal guidance.
  • Avoid giving recorded statements, as they may be used against you later.

Instead, direct all communications to an attorney in Florida who is experienced in product liability and can negotiate on your behalf.

5. Contact an Experienced FL Product Liability Lawyer

Product liability cases can be complex, requiring expert knowledge of Florida’s laws and legal procedures. A skilled attorney, like Brandon J. Broderick, can assist by:

  • Investigating the product’s defect and determining liability
  • Gathering expert testimony to strengthen your case
  • Negotiating with manufacturers and insurers for maximum compensation
  • Filing a lawsuit if a fair settlement is not offered

Having legal representation increases your chances of receiving compensation for medical bills, lost wages, pain and suffering, and more.

What Types of Defects Can Lead to a Product Liability Lawsuit in Florida?

Product liability lawsuits arise when consumers are harmed by defective products. These defects are generally categorized into three main types:

  • Design Defects: These occur when a product's design is inherently unsafe, making the entire product line dangerous even if manufactured correctly. For example, a vehicle designed with a high center of gravity may be prone to rollovers, posing significant risks to users. In Florida, to establish a design defect, it must be shown that the product is unreasonably dangerous as designed and that a safer, feasible alternative design was possible.
  • Manufacturing Defects: These arise during the production process, resulting in products that deviate from their intended design and become hazardous. An instance of such defective products could be a batch of medication contaminated during manufacturing, leading to health risks for consumers. In Florida, proving a manufacturing defect involves demonstrating that the product was not built according to its design specifications, rendering it unreasonably dangerous.
  • Marketing Defects (Failure to Warn): These involve inadequate instructions or warnings about a product's proper use or potential dangers. For instance, if a chemical cleaning product lacks proper hazard warnings or usage instructions, consumers may unknowingly expose themselves to harm. In Florida, a marketing defect claim requires showing that the lack of sufficient warnings made the product unreasonably dangerous when used as intended.

Understanding these types of defects is important for consumers seeking to protect their rights and pursue compensation for injuries caused by defective products in Florida.

Who Can Be Held Liable in a Florida Product Liability Case?

In a product liability case in Florida, multiple parties along the chain of distribution may be held responsible for injuries caused by a defective product. Liability is based on strict liability, negligence, or breach of warranty, depending on the circumstances. Understanding who can be sued is critical in ensuring that injured victims recover the compensation they deserve.

1. Manufacturers

The manufacturer is often the primary party held responsible in a product liability case. This can include:

  • Large-scale manufacturers (e.g., automakers, pharmaceutical companies)
  • Smaller manufacturers (e.g., local companies producing defective consumer goods)
  • Component part manufacturers (e.g., a company that produced a faulty car airbag, leading to injury)

A manufacturer can be liable for design defects, manufacturing defects, or failure to warn. Florida law holds them responsible when their products cause injuries due to defects that existed when the product left their control.

2. Distributors and Wholesalers

Distributors and wholesalers act as middlemen, transporting and selling products from manufacturers to retailers. While they do not create the product, they can still be held liable if they distribute a defective product. If a company knowingly distributes a defective or recalled product, they may face additional liability.

3. Retailers and Sellers

Retailers, including brick-and-mortar stores and online marketplaces, can be held accountable for selling defective products to consumers. Even though they do not manufacture the product, they have a duty to sell safe products and may be liable if:

  • They sell a defective or recalled product.
  • They fail to provide proper warnings or instructions with the product.
  • They misrepresent the safety or intended use of a product.

Florida law allows injured consumers to sue a retailer even if they did not manufacture the defective product.

4. Product Designers

If a product’s design is inherently dangerous, the party responsible for designing it may be held liable. For example, an automobile company can be sued for design defects if it designs a car with a defective braking system that makes the car unsafe for drivers.

5. Third-Party Testing Companies

Some products require safety testing and certification before they can be sold. If a third-party testing company falsely certifies a defective product as safe, they may be held partially liable for injuries caused by the product.

6. E-Commerce Marketplaces

With the rise of online shopping, platforms like Amazon, eBay, and Walmart Marketplace have faced increased legal scrutiny. Florida courts have debated whether third-party sellers on these platforms can be held liable for defective products. Some recent rulings have held e-commerce platforms accountable when they facilitate the sale of dangerous goods.

Why Identifying the Right Defendant Matters

Determining liability in a product liability case in Florida can be complex, as multiple parties may share responsibility. An attorney at Brandon J. Broderick can help identify all potentially liable parties, gather necessary evidence, and fight to maximize your compensation.

If you’ve been injured by a defective product, don’t wait to take action. Contact Brandon J. Broderick today for a free legal consultation, and let us help you hold the right parties accountable.

What Damages Can I Recover in a Florida Product Liability Lawsuit?

If you have suffered an injury due to a defective product in Florida, you may be entitled to compensation through a product liability lawsuit. The damages you can recover are meant to cover financial losses, emotional suffering, and, in some cases, punish negligent manufacturers for their misconduct. Florida law allows injured victims to seek economic, non-economic, and punitive damages depending on the circumstances of their case.

1. Economic Damages (Compensatory Damages for Financial Losses)

Economic damages cover actual financial losses related to your injury. These damages are intended to restore you to the financial position you were in before the accident. Examples include:

  • Medical Expenses – Covers all past and future medical costs related to the injury, including:
    • Hospital stays
    • Surgeries
    • Prescription medications
    • Rehabilitation and physical therapy
    • Medical devices (e.g., wheelchairs, prosthetics)
    • In-home care services
  • Lost Wages and Future Earnings – If your injury prevents you from working, you may recover:
    • Compensation for lost income due to time off work
    • Future lost wages if you are permanently disabled
    • Reduced earning capacity if you can no longer work at the same level
  • Property Damage – If the defective product caused damage to your property (e.g., a car fire due to a faulty battery), you may be reimbursed for repair or replacement costs.
  • Other Out-of-Pocket Expenses – These include transportation to medical appointments, home modifications, and any other costs directly linked to the injury.

2. Non-Economic Damages (Compensation for Emotional and Physical Suffering)

Non-economic damages cover intangible losses that don’t have a fixed monetary value but significantly impact the victim’s quality of life. These include:

  • Pain and Suffering – Compensation for the physical pain endured due to the injury.
  • Emotional Distress – Covers anxiety, depression, PTSD, and psychological trauma caused by the accident.
  • Loss of Enjoyment of Life – If the injury prevents the victim from engaging in hobbies or activities they once enjoyed.
  • Loss of Consortium – Compensation awarded to spouses or family members when an injury impacts the victim’s ability to maintain relationships.

Unlike some states that limit non-economic damages, Florida does not cap pain and suffering awards in product liability cases. This allows victims to receive full compensation based on the severity of their suffering.

3. Punitive Damages (Punishing Gross Negligence and Misconduct)

Punitive damages are awarded in cases where the manufacturer, distributor, or retailer acted with gross negligence or reckless disregard for consumer safety. These damages are not meant to compensate the victim but rather to punish the defendant and deter similar misconduct in the future.

Punitive damages are rare and require clear evidence that the company knew about the defect but failed to take action to protect consumers.

How Much Compensation Can You Recover?

The total amount of damages depends on factors like:

  • The severity of your injuries
  • The extent of your financial losses
  • Whether the defendant’s negligence was particularly reckless
  • The evidence supporting your claim

Insurance companies and manufacturers may attempt to reduce or deny your claim by arguing that you were partially at fault.

Navigating a product liability lawsuit can be complex, and manufacturers often have teams of lawyers working to minimize payouts. Brandon J. Broderick is committed to fighting for maximum compensation and holding negligent companies accountable.

How Do I Prove a Product Was Defective in a Florida Court?

Proving that a product was defective in a product liability case in Florida requires presenting clear and convincing evidence that the product caused injury due to a design defect, manufacturing defect, or failure to warn. Florida follows strict liability laws, meaning that an injured victim does not need to prove that the manufacturer or seller was negligent—only that the product was defective and caused harm. Below is a step-by-step guide on how to prove a product liability case in Florida.

1. Establishing the Three Types of Product Defects

A product liability claim in Florida must show that the product contained one of the following three types of defects:

  • Design Defect – The product’s original design is inherently dangerous, making all units of that product unsafe for consumers. Example: A vehicle designed with an unstable frame that increases the risk of rollovers.
  • Manufacturing Defect – The product was designed correctly, but a flaw occurred during the manufacturing or assembly process, making it dangerous. Example: A batch of medication contaminated with harmful substances during production.
  • Failure to Warn (Marketing Defect) – The manufacturer failed to provide adequate warnings or instructions, making the product dangerous when used as intended. Example: A power tool that lacks warnings about potential kickback hazards.

2. Proving the Product Was Defective

To successfully prove a product liability case in Florida, you must demonstrate the following elements:

a) The Product Was Unreasonably Dangerous

You must show that the product was more dangerous than an ordinary consumer would expect or that its risks outweighed its benefits. This can be done through:

  • Expert testimony from engineers, product designers, or safety specialists
  • Comparisons to similar products that function safely
  • Internal documents or recall notices indicating that the manufacturer was aware of the defect

b) The Product Was Used as Intended

The plaintiff must prove that they were using the product as intended or in a reasonably foreseeable manner when the injury occurred. The manufacturer may try to argue that the plaintiff misused the product, so documentation of how it was used is critical.

c) The Defect Directly Caused the Injury

A successful claim requires proving that the defective product directly caused the injury. Evidence for this includes:

  • Medical records linking injuries to the defective product
  • Eyewitness testimony from those who saw the accident
  • Videos or photographs of the defective product and resulting injuries

d) The Product Was Not Substantially Altered

If the product was modified after purchase, the manufacturer may claim that the modification was the cause of the injury. Plaintiffs should show that the product was in its original condition or that the modification did not contribute to the defect.

3. Presenting Strong Evidence in Court

Winning a product liability case in Florida requires strong, well-documented evidence. Key types of evidence include:

  • The defective product itself – If possible, keep the product in its original condition.
  • Proof of purchase – Receipts, invoices, or bank statements showing when and where the product was bought.
  • Instruction manuals and packaging – Documents showing that warnings were missing or insufficient.
  • Medical reports – Records proving that the injury was caused by the defective product.
  • Expert testimony – Specialists in engineering, product safety, or medicine who can confirm that the product was faulty.

4. Overcoming Common Manufacturer Defenses

Manufacturers and their insurance companies will often try to deny liability by using common defenses, such as:

  • Comparative Negligence – Arguing that the plaintiff misused the product, causing their own injury. Florida follows a modified comparative negligence rule, meaning a plaintiff cannot recover damages if they are more than 50% at fault.
  • Assumption of Risk – If the plaintiff knew the product was dangerous and still used it, the manufacturer may argue that they voluntarily accepted the risk.
  • Pre-Existing Injuries – The defense may claim that the plaintiff’s injuries were not caused by the defective product but rather by a previous medical condition.

A skilled attorney will anticipate these defenses and counter them with strong evidence.

5. Why You Need an Experienced FL Product Liability Lawyer

Proving a defective product case in Florida can be legally complex, especially when facing large corporations with aggressive legal teams. A seasoned attorney, like Brandon J. Broderick, can:

  • Conduct a thorough investigation into the product defect
  • Work with industry experts to strengthen your claim
  • Gather compelling evidence to prove liability
  • Negotiate aggressively with insurance companies
  • Represent you in court if necessary

If you or a loved one has been injured by a defective product in Florida, don’t wait. Contact Brandon J. Broderick, Attorney at Law today for a free consultation, and let us help you fight for the compensation you deserve.

What is Florida’s Comparative Negligence Rule in Product Liability Cases?

Florida follows a modified comparative negligence rule in product liability cases, which determines how fault is shared between the injured party and the product manufacturer, distributor, or seller. Under Florida Statutes § 768.81, if a victim is found to be partially at fault for their injuries, their compensation is reduced by their percentage of fault. However, Florida law also follows a 51% bar rule, meaning that if a plaintiff is found more than 50% responsible for their injuries, they are barred from recovering any compensation.

How Comparative Negligence Impacts Product Liability Cases

In product liability claims, the defendant—typically the manufacturer or seller—may argue that the injured party contributed to their harm. This can happen in various ways, such as:

  • Product Misuse – If a consumer used the product in a way that was unintended or contrary to provided instructions, the defense may claim that their misuse contributed to the injury.
  • Failure to Follow Warnings – If a product had clear safety warnings or instructions that were ignored, the defense may argue that the victim was partially responsible.
  • Modifying the Product – If a person altered or modified the product in a way that led to the injury, this could reduce or eliminate their ability to recover damages.

For example, the manufacturer might argue that a consumer's failure to wear the recommended safety gear while using a defective power tool contributed to their injury. If the court finds that the injured person was 30% at fault, their total compensation would be reduced by 30%. However, if the court determines that the plaintiff was 51% or more responsible, they would not be able to recover any damages.

Why Legal Representation is Important

Comparative negligence can make product liability cases complex and challenging, especially when manufacturers attempt to shift blame onto the injured party. Insurance companies and defense attorneys will often try to minimize liability by arguing that the victim's actions played a significant role in the injury. Having an experienced attorney, like Brandon J. Broderick, is essential to counter these arguments and maximize compensation. Our legal team will gather evidence, consult experts, and build a strong case to prove that the manufacturer’s negligence—not the victim’s actions—was the primary cause of the injury.

If you or a loved one has been injured by a defective product in Florida, don’t let comparative negligence laws prevent you from seeking justice.

Are There Caps on Damages in Florida Product Liability Cases?

Florida does not impose caps on economic or non-economic damages in product liability cases, meaning victims can seek full compensation for their injuries. However, specific legal principles, such as comparative negligence, can affect the final amount a plaintiff may recover.

No Cap on Non-Economic Damages in Florida

Unlike some states that limit the amount a plaintiff can receive for pain and suffering, Florida does not impose caps on non-economic damages in product liability cases. The state previously had a cap on non-economic damages in medical malpractice cases, but the Florida Supreme Court ruled these limits unconstitutional.

Punitive Damages Cap in Florida

Punitive damages, which are awarded to punish a manufacturer for gross negligence or intentional misconduct, are subject to a cap in Florida. Under Florida Statutes § 768.73, punitive damages are generally limited to:

  • Three times the amount of compensatory damages, or
  • $500,000, whichever is greater.

However, if the defendant’s conduct was motivated by financial gain and they knew the product was dangerous, the cap increases to:

  • Four times the compensatory damages, or
  • $2 million, whichever is greater.

Without a legal advocate, insurance companies and manufacturers may attempt to minimize your claim or argue that your actions contributed to the injury, reducing your potential compensation. An experienced attorney, like Brandon J. Broderick, can help ensure you receive the maximum damages available by gathering evidence, consulting experts, and fighting for your rights in court.

How Does Florida’s Strict Liability Law Apply to Defective Products?

Florida’s strict liability law in product liability cases holds manufacturers, distributors, and sellers accountable for injuries caused by defective products, regardless of whether they were negligent. Under this doctrine, the injured party does not need to prove that the manufacturer or seller was careless or acted improperly. Instead, the victim must demonstrate that the product was defective, unreasonably dangerous, and caused harm when used as intended or in a reasonably foreseeable manner. This legal approach is designed to protect consumers by placing the responsibility on businesses to ensure product safety before reaching the market.

To succeed in a product liability claim under strict liability in Florida, the plaintiff must establish the following elements:

  • The product was unreasonably dangerous due to a design defect, manufacturing defect, or failure to warn.
  • The defect existed when the product left the defendant’s possession.
  • The product was used as intended or in a reasonably foreseeable way.
  • The defect directly caused the injury or harm.

Unlike in negligence claims, the plaintiff does not need to prove that the manufacturer or seller failed to exercise reasonable care. It is sufficient to demonstrate that the product was defective and that the defect caused the injury.

What Is the Statute of Limitations for Filing a Product Liability Claim in Florida?

In Florida, the statute of limitations for filing a product liability claim is two years from the date of injury. This means that if you were harmed by a defective product, you must file your lawsuit within two years of when the injury occurred. If the accident resulted in a wrongful death, the statute of limitations is two years from the date of death.

Failing to file within these deadlines can prevent you from recovering compensation, no matter how strong your case is. However, certain exceptions may apply, such as the delayed discovery rule, which extends the timeline if the injury was not immediately apparent. Because time is a critical factor, contacting an experienced attorney like Brandon J. Broderick can ensure your case is filed on time, protecting your right to seek justice and compensation.

What is the statute of repose for a product liability claim in Florida?

In Florida, the statute of repose for a product liability claim generally limits the time frame in which a lawsuit can be filed, regardless of when the injury occurred. Under Florida Statutes § 95.031, a product liability claim must be filed within 12 years from the date the product was first delivered to its original purchaser. This means that even if an injury happens years later, a claim may be barred if the product has been on the market for more than 12 years.

Suffering an injury due to a defective product can be a devastating and overwhelming experience. You trusted that the product you used was safe, only to find yourself facing painful injuries, medical bills, and uncertainty about what to do next. We know how frustrating and scary these situations are, and you're not alone. Our compassionate legal team at Brandon J. Broderick, Attorney at Law, is here to guide you through the legal process, fight for your rights, and help you seek the compensation you deserve.

When corporations and manufacturers fail to put safety first, you shouldn’t have to suffer the consequences. Brandon J. Broderick is committed to standing by your side every step of the way, providing the legal support and advocacy you need to move forward. Whether your injuries resulted from a dangerous household product, defective vehicle, or faulty medical device, we will work tirelessly to hold those responsible accountable. Let us take on the legal burden while you focus on healing—contact us today for a free legal consultation.

Product Liability

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