Products Liability in Florida: When a Product Hurts You

You used the product the way it was meant to be used. It failed. Now you or someone you love is hurt.

Florida law has a name for this: products liability. It is the area of law that holds the makers and sellers of products responsible when a defective product causes harm.

This page is the starting point. Each topic below has its own page in plain English.

What products liability means

A products liability claim says a product was defective and the defect caused an injury. Florida's jury instructions describe the claim this way: the person hurt "claims that the (describe product) [designed] [manufactured] [distributed] [imported] [sold] [or] [supplied] by (defendant) was defective and that the defect in the (describe product) caused [him] [her] harm." Fla. Std. Jury Instr. (Civ.) 403.2.

You do not always have to prove that the company was careless. In many cases the question is whether the product itself was defective. That is called strict liability.

There are three basic kinds of defect:

• Manufacturing defect. The product was built wrong. See manufacturing defects.
• Design defect. The product was made as planned, but the plan itself was unsafe. See design defects.
• Warning defect. The product needed a warning or clear instructions and did not have them. See failure to warn.

Claims can also be brought as negligence or breach of warranty. See negligence and warranty claims.

Who can be responsible

More than one company may be in the chain. It can include the maker, the company that put the pieces together, the importer, the distributor, and the store. See who can be sued.

What happens in a case

The injured person must show three things:

1. The product was defective.
2. The defect caused the injury.
3. The injury caused real losses, such as medical bills, lost income, and pain.

The defense will push back. Common arguments are that the product was misused, was changed after it was sold, or that the injured person shares the blame. See defenses and damages.

What to do after a product injury

Do these things now. They protect your health and your claim.

1. Get medical care first. Your health comes before everything else.
2. Keep the product. Do not throw it away. Do not clean it, fix it, or test it. See preserving the product.
3. Do not send it back to the company. Do not mail it to the manufacturer or hand it to the store.
4. Take photos and video. Photograph the product, the packaging, the scene, and your injuries.
5. Keep everything that came with it. Save the box, manual, receipt, labels, and any online order record.
6. Write down what happened while you remember it. Include names of witnesses.
7. Report the problem. You can report some product hazards to a federal agency. See recalls and federal agencies.
8. Be careful with the company's insurer. Do not give a recorded statement or sign anything before you talk to a lawyer.
9. Watch the clock. Florida sets deadlines for these claims, and they can be short. See deadlines.

Common products in these cases

Injuries come from everyday things: consumer products, vehicles and auto parts, tires, e-bikes and lithium batteries, household appliances, children's products, and medical devices. See common product categories.

All pages in this section

• Manufacturing defects
• Design defects
• Failure to warn and inadequate instructions
• Negligence and breach of warranty
• Who can be sued
• Deadlines: statute of limitations and repose
• Comparative fault, misuse, and alteration defenses
• Damages
• Recalls and federal agencies
• Preserving the product and evidence
• Common product categories
• Florida products liability jury instructions (Section 403)

Talk to us

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This page is general information, not legal advice. Every case is different, and past outcomes do not guarantee a result.

In this section

• Manufacturing Defects: When the Product Was Built Wrong
• Design Defects: When the Plan Itself Is Unsafe
• Failure to Warn: When a Product Needed a Warning and Did Not Have One
• Negligence and Warranty: Two More Ways to Bring a Product Claim
• Who Can Be Held Responsible for a Defective Product
• Deadlines: How Long Do You Have to File a Product Injury Claim in Florida?
• Defenses: "It Was Your Fault," "You Misused It," and "Someone Changed It"
• Damages: What You May Be Able to Recover After a Product Injury
• Recalls and Federal Agencies: What They Do and What They Do Not Do
• Preserve the Product: The Most Important Thing You Can Do
• Common Types of Product Injury Claims
• Florida Products Liability Jury Instructions: What the Jury Is Told