Florida’s product liability laws are designed to protect consumers against harmful products. If a defective product has harmed you, your ordeal is not just a legal matter—it’s a personal struggle that can feel overwhelming and unjust. You placed your trust in a product that was supposed to make life better, not cause harm. It’s a betrayal that can leave you feeling vulnerable, frustrated, and seeking answers. We understand that behind every case, there are real people facing real challenges—physical, emotional, and financial.
You’re not alone in this. We’re here to stand with you, navigate the complexities of the legal process, and fight for the compensation and closure you deserve. You have rights, and they deserve to be upheld with unwavering support and skilled advocacy. Let’s take the first step together towards setting things right.
At Prosper Shaked Accident Injury Attorneys, PA, we are deeply committed to defending the rights of Florida consumers affected by dangerous products. We understand the complexities of these laws and are focused on making sure that those who have been injured receive the compensation and justice they are entitled to. We work tirelessly to hold negligent and reckless corporations and manufacturers accountable for putting profits before consumer safety.
Product Liability Claims in Florida
Product liability law holds manufacturers, sellers, and all parties in the supply chain accountable when they distribute a product that harms consumers. When these entities do not fulfill their duty to provide the public with products that are safe for use, they can be held responsible for any resulting harm.
Three primary types of defects can lead to liability: manufacturing, design, and failure to warn.
Design Defects
A design defect is inherent; it stems from a fundamental flaw in the product’s blueprint that makes it unsafe. Products that are flawed from the start can cause unforeseen harm.
An example might be a certain model of lawn mower designed with the blades too exposed, increasing the risk of injury, or a line of smartphones that overheat due to an internal battery defect. These issues typically affect the entire line of products and require comprehensive redesign to correct.
Our Florida product liability lawyers thoroughly analyze the design process to uncover any inherent dangers that could lead to consumer injuries.
Manufacturing Defects
A manufacturing defect occurs when an error in assembly or use of substandard materials compromises product safety. Even a well-designed product can become hazardous if manufacturing deviations occur.
They can range from a batch of pharmaceuticals tainted due to contamination in a factory to a car model with a faulty brake line installed during assembly. These defects are usually not intended to be part of the product and often affect a limited number of units.
At Prosper Shaked Accident Injury Attorneys, PA, our investigative approach scrutinizes the production line to the smallest detail.
Failure to Warn
Manufacturers are obligated to inform about potential risks. This can include pharmaceuticals without clear dosage instructions, cleaning products lacking safety warnings about toxic chemicals, or electronic equipment missing critical operational guidance to prevent overheating. These defects can render otherwise safe products hazardous if the consumer is not properly informed.
Our injury law firm will assess all warnings, instructions, and labels to determine if consumers have been adequately alerted to potential hazards.
Common Types of Product Defects
At Prosper Shaked Accident Injury Attorneys, PA, our Florida legal team has considerable experience representing victims of product defects, including, but not limited to:
- Children’s toy defects
- Automobiles with faulty airbags
- Defective medical devices
- Contaminated food products
- Defective power tools
- Swimming pool defects
- Portable generator defects
- Medication defects
- Electronics prone to overheating
- Pharmaceuticals with undisclosed side effects
- Household appliances with wiring defects
- Ineffective protective gear
- Cosmetics containing hazardous chemicals
- Defective stairs
- Child car seat defects
- Tire defects
- Firearms
- Food and drink products
- Tools
Establishing Fault in Florida Product Liability Claims
Winning a product liability case in Florida requires proving fault and establishing damages. To do this, our law firm will work quickly to gather the evidence needed. The pivotal evidence varies based on the defect’s nature and role in causing injury.
Depending on your case and the cause of your defect, you may be able to file a claim against multiple entities in Florida, including:
- The product’s manufacturer
- The product’s designer
- The commercial vendor of the product
- The distribution chain entities
- The retail outlet selling the product
- The component suppliers
- Any other entity involved in the product’s market journey
You can pursue a product liability claim in one of three ways:
Negligence. To win a product liability claim based on negligence, you must prove that the manufacturer:
- Had a duty to design or produce a safe product
- That they breached that duty
- That this breach was the cause of your injuries
- You must also have suffered damages.
Strict liability. You do not have to prove negligence to win a product liability claim based on strict liability. Instead, you must show that a product defect caused your injury and that you used the product as intended and still got hurt.
Breach of warranty. To bring a breach of warranty claim, you must show that the seller made promises about the product and failed to provide a remedy for it. This includes a breach of both express warranties and implied warranties.
What If You Are Partly To Blame?
The concept of modified comparative negligence acknowledges that more than one party can be at fault in an incident leading to injury. This means that if you, as the injured party, are found to have played a part in the accident, your entitlement to compensation may be adjusted proportionally to your degree of fault.
When you file a Florida product liability claim, the liable party and their insurer will challenge your claims. They will try to reduce their own liabilities by blaming you or saying that you used the product incorrectly. Attorney Prosper Shaked won’t let them get away with these unfair claims. He will counter these claims with solid evidence and take the steps necessary to help you obtain justice.
From the initial consultation to the resolution of your case, Attorney Prosper Shaked will hold negligent manufacturers and commercial product designers accountable for their defective products. Armed with a thorough understanding of Florida’s product liability statutes and legal protocols, he will guide you every step of the way.
How Long Do I Have To File a Florida Product Liability Lawsuit?
In Florida, the clock on filing product liability claims starts ticking with a two-year statute of limitations. This starts from the injury date. Recognizing that certain injuries may not surface immediately, the law allows the statute of limitations to activate when the injury becomes apparent or reasonably should have been identified.
However, it’s critical to note Florida’s statute of repose, which is a firm deadline. This statute mandates that all product liability claims be filed within twelve years from the product’s initial delivery to the consumer. Compliance with this timeline is non-negotiable; failure to adhere to it will result in an unequivocal dismissal of the case.
When you meet with a Florida product liability lawyer at our firm, we will examine your case and ensure you do not miss any critical deadlines for filing a claim or lawsuit.
What Are My Rights as a Consumer in Florida?
In Florida, as a consumer, you have a right to purchase and use safe products. This protection is rooted in the principle that products sold in the market should not pose undue risks when used as intended. Whether it’s household appliances, vehicles, children’s toys, or other consumer goods, the expectation is that these items will not endanger you or your family.
Alongside this right to safety, you are also granted the right to be fully informed about the products you use. This means receiving clear instructions and warnings about potential risks associated with a product. Manufacturers and sellers must inform you about known defects or recalls, ensuring you have all the necessary information to use their products safely.
Another vital aspect of your consumer rights in Florida is the right to choose from various products based on the expectation of honesty in advertising and marketing. Misleading claims or deceptive advertising practices are not just unethical; they are against Florida law. This right empowers you to make informed decisions based on accurate product information.
Additionally, should a product fail to meet established safety standards or if you are misled about a product’s capabilities or risks, you are entitled to voice your concerns. This could mean filing a complaint with the manufacturer, a retailer, or relevant regulatory bodies. Your voice as a consumer is important and protected, allowing you to demand accountability for products that don’t meet the necessary safety or information standards.
Most importantly, if you suffer harm or loss due to a defective product, Florida law supports your right to seek compensation. This might encompass various damages, including medical expenses, lost wages, and compensation for pain and suffering caused by the defective product.
An experienced Florida product liability lawyer can guide you through the legal process and help you receive the fair compensation you deserve. Going up against large manufacturers and product designers is not easy. But with our help, you can hold them accountable for the harm you’ve suffered.
Contact Our Florida Product Liability Lawyers Today
If you or someone you love suffered harm from a defective product, we are here to help. You do not have to go up against large manufacturers or corporations alone. Let us fight this battle for you so you can focus on your recovery and on rebuilding your life after a defective product accident.
Let Prosper Shaked help you through this difficult time. Call us for a FREE consultation and review of your case at 305-694-2676 or fill out our confidential contact form. We fight for the rights of accident victims. Call us today!