Every year defective products claim the lives of innocent people. If you or a family member has been injured or suffered other damages because of a product you used, you may have a claim against the manufacturer, retailer, or distributor for a defective product. Maybe a saw you were using to cut a tree branch did not perform correctly, or a car seat failed in an accident, or perhaps an appliance caught fire and caused damage to your home. It is possible that a defect in the product you were using could be the cause of your injuries or other damages. In that situation, you could bring a claim against the manufacturer to recover your damages.
Do You Have a Defective Product Claim?
In determining whether you have a valid defective product claim, it is best to bring an experienced product liability attorney on board to investigate the product, issue discovery requests (questions, essentially, and requests for documents) to the manufacturer, retailer, or distributor to learn more about how the product was manufactured, tested, and what warnings or other safety gear were supplied with the product. A large portion of defective product claims hinge on whether the consumer was using the product correctly and as intended by the manufacturer.
In order to win a product liability claim, you need to prove:
- You were injured or suffered losses
- The product is defective
- The defect caused your injury
- You were using the product as it was intended
Was the Product Defective?
There are many different types of defects products can have that can cause injury. Our minds first think of tires that shred on the interstate, electrical devices that give off electrical shocks, or appliances that catch fire. But, there can also be defects in the warnings or safety accessories provided with the product that also cause injury. Here are some common types of product defects that can lead to injury:
Manufacturing Error
This would be an error that occurred when the product was manufactured. For example, there was a crack in the glass pot that came with your coffee maker and it made the pot shatter and burn you. Another example would be a failure to assemble certain parts together, say on a child's car seat, and the seat then did not perform correctly in an accident. If you are dealing with a manufacturing error, proving the defect of the product may be fairly easy. Proving an error in the actual design of the product often proves more difficult.
Design Defect
There is one question you must answer to prove a design defect: Is the product, as designed, unreasonably dangerous? Note: some level of danger in a product is sometimes necessary for the product to be able to perform its intended function. A knife, for example, needs to be sharp to be useful. Meaning, if the sharpness of the knife is what caused your injury, you will not have a claim. However, if handle was fastened to the blade in a poor manner that caused the blade to easily slip out and cut you, this may support a design defect claim against the manufacturer.
This is just one among many examples. Determining whether the design of a product is unreasonably dangerous can be far more complicated than a faulty handle. This is the reason you should contact an experienced product liability attorney if you have been injured by a product. For example, you may not know it could be argued the reason your lawnmower kept accelerating and cutting after you were thrown off is because it lacks a necessary safety feature that kills the engine once there is no one sitting in the driver's seat. If you don't know how certain features of products operate and what safety precautions and warnings are necessary to protect consumers, you may not know you have a defective product claim, and you may lose your ability to recover your damages from the manufacturer responsible for your injuries.
Failure to Warn
If the defect in the product is an insufficient warning, you will need to prove you were not adequately warned of the danger of the product. In these cases, liability may be established by proving the warnings and instructions provided by the manufacturer or supplier were not reasonably sufficient.
For example, if you are injured using a forklift because it tipped over with too much load, you may have a failure-to-warn claim if the warning for this particular occurrence was too obscure, ineffective, or lacking altogether. However, if the forklift came with bright red and yellow warnings about the potential for tipping if the lift is loaded with too much weight, your claim would be weaker. In addition, if those stickers were removed by someone else before you used the lift, this would make it difficult to establish liability against the manufacturer because the product warnings were modified post-manufacture.
Did the Defect Cause Your Injury?
Not only must you prove the product is defective but also that it was, in fact, the defect that caused your injury. Let's say a fire ignites in your home while you are cooking. Thankfully, you and your family evacuate safely, but your kitchen suffers extensive damage and the rest of the house is ruined with soot and ash. You learn the particular type of oven you were using has been known to have propane leaks, causing fires. However, if an investigation by the Fire Marshall shows it was defective wiring of the oven during install that caused an electrical fire, not a fire ignited by propane, this would be an example of a potential product defect, but one that did not cause your damages.
Uncovering the cause of an injury or property damage often requires expertise and can be costly and complicated. This is why it is best to bring in an experienced product liability attorney to help you properly investigate your claim, preserve and create evidence that supports your claim, and, in most cases, help front the cost of proving your claim.
At Taylor, Warren, Weidner, Hancock & Barnes, we handle most product liability cases on a contingency basis. This means we will cover the costs necessary to hire experts and preserve evidence. You will not be required to reimburse our fees and costs unless you are paid by the responsible party. And, when you bring an experienced product liability attorney on board, it is likely you will recover far more than you would have without an attorney assisting you.
Were You Using the Product as It Was Intended?
Broadly speaking, you must have been using the product in a way that the manufacturer intended consumers to use it. For example, if you are injured while using a step ladder that failed, the manufacturer may not be responsible if you rigged the ladder up in a manner that was not intended.
If you laid the ladder down horizontally to create a makeshift bridge from one rooftop to the other, and this is how the injury occurred, this would like not be an intended use of the ladder that would allow a defective product claim against the ladder manufacturer. Another example is using a saw without the accompanying guard. However, arguments can be made that the allegedly “unintended use” was anticipated by the manufacturer if there is sufficient industry evidence to show the manufacturer was aware consumers were using its product in a different way.
Overall, if you were injured while using a product in an unintended manner, this may prove fatal to your defective product claim. Always read all manuals and safety instructions that are provided with products to ensure you are using them in a safe manner and in a way that was intended by the manufacturer.
Who Can Be Held Liable?
Liability in a product case rarely stops at the manufacturer. Depending on the facts, responsible parties may include component-part makers, wholesalers, distributors, retailers, and, in some situations, repair or installation companies. A thorough investigation is what separates a full recovery from a partial one, and it's something our firm takes seriously from day one.
Four Year Statute of Limitations
In Florida, many causes of action are subject to what is referred to as a "statute of limitations.” A statute of limitations is basically a deadline, that if you do not meet, you lose your right to pursue your claim. In Florida, the statute of limitations for personal injuries caused by a product defect is four years. Meaning, you must file suit on a defective product liability claim within four years from the date of the accident in order to be able to recover from the responsible manufacturer, retailer, or distributor.
While four years may seem like a long time, often most accident victims are consumed initially with treating the injury that has turned their lives upside down. You are dealing with medical bills and appointments, trying to get back to work and get your life back to normal. It may be months before the thought of pursuing a defective product liability claim crosses your mind. While time is passing you may not know that your right to sue for your injuries is ticking away.
Why You Need an Experienced Product Liability Attorney
If you or a family member has suffered an injury or other damages as a result of a defective product, making sure that your claim for injury as a result of a defective product meets all of the necessary requirements in Florida to recover damages from the manufacturer, retailer, or distributor, can be a complicated, time-consuming, and costly process. The best way to find out if you have a viable case and whether it is worth pursuing is to contact an experienced product liability attorney like the attorneys at Taylor, Warren, Weidner, Hancock & Barnes. We never charge an initial fee or cost to simply talk to you about what happened and advise you of your rights. If you have been injured by a product, do not hesitate to contact us to preserve your ability to recover from the responsible party.
Taylor, Warren, Weidner, Hancock & Barnes brings proven litigation strength to complex Florida product liability claims. Cases involving defective products, including design defects, manufacturing defects, and failure to warn, require more than basic legal knowledge. We conduct thorough investigations, work with qualified experts, and build clear, evidence-driven claims that establish defect, causation, and damages. We focus on holding manufacturers and distributors accountable when unsafe products cause harm.
Our attorneys have secured multi-million-dollar verdicts and settlements, along with recognition among Florida's Top 50 jury verdicts. We prepare every product liability lawsuit for trial from day one. That approach sends a clear message to manufacturers, distributors, and insurance companies that we are ready to litigate aggressively when necessary, which often leads to stronger outcomes for our clients.
At Taylor, Warren, Weidner, Hancock & Barnes, we combine results-driven advocacy with personalized service. We guide clients through every stage of the legal process while pursuing full compensation for medical bills, lost wages, pain and suffering, and long-term care needs. Our firm offers free consultations and works on a contingency fee basis, so clients can move forward without upfront costs.
When you choose TWWHB, you are choosing a team with the experience, reputation, and commitment to help you recover after an injury caused by a defective product. Speak to a Florida product liability lawyer today to learn how we can help.
Types of Product Liability Cases We Handle
Nearly every product a Floridian touches in a day, from the car in the driveway to the medicine in the cabinet, is subject to safety standards. When those standards fail, real people pay the price. Our firm represents clients injured by products across virtually every industry, including:
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Defective vehicles and auto parts: tire failures, airbag defects, seatbelt malfunctions, rollover risks, fuel system fires, and ADAS/autonomous system errors
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Dangerous pharmaceuticals: drugs that cause undisclosed side effects, contamination, or long-term organ damage
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Faulty medical devices: hip and knee implants, surgical mesh, IVC filters, CPAP machines, pacemakers, and insulin pumps
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Defective children's products: cribs, car seats, toys, strollers, and formula that fail to protect the most vulnerable users
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Household appliances and electronics: lithium-ion battery fires, electrical shocks, pressure-cooker explosions, and carbon monoxide leaks
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Industrial and construction equipment: power tools, heavy machinery, and safety gear that fails on the job
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Contaminated or mislabeled food products: foodborne illness outbreaks and undisclosed allergens
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Recreational and sporting goods: helmets, watercraft, ATVs, and fitness equipment with hidden defects
Read More about Consumer Claims from TWWHB
Understanding Florida Product Liability Law
Product liability in Florida is built on a straightforward idea: if you manufacture, distribute, or sell a product, that product must be reasonably safe for its intended use. When it isn't, and someone gets hurt, the law allows the injured person to recover compensation through a consumer claims lawsuit.
Florida plaintiffs can generally pursue product liability claims under three legal theories:
Strict liability. The plaintiff does not have to prove the manufacturer was careless, only that the product was defective and that the defect caused the injury. Strict liability applies to anyone in the product's chain of distribution.
Negligence. The plaintiff shows that the defendant failed to use reasonable care in designing, manufacturing, warning about, or inspecting the product. Damages in negligence actions may include punitive damages where appropriate under Florida Statutes § 768.72.
Breach of warranty. Under Florida law, including Florida Statutes §§ 672.314 and 672.315, a seller may be liable for breach of warranty when a product fails to meet express representations or implied standards of quality or fitness, particularly where a direct buyer-seller relationship exists.
Each claim has its own elements, defenses, and strategic considerations. Our trial lawyers evaluate every available theory and pursue the one, or the combination, that gives you the strongest path to full recovery.
Damages Available in a Florida Product Liability Claim
The value of a case depends on the severity of the injuries and the long-term impact on your life. Recoverable damages may include:
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Past and future medical expenses
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Lost wages and loss of future earning capacity
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Pain and suffering
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Mental anguish and emotional distress
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Loss of enjoyment of life
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Scarring, disfigurement, and permanent disability
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Wrongful death damages for surviving family members
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Punitive damages where the conduct was especially egregious
Insurance carriers routinely offer injured victims a fraction of what a case is worth, hoping the claimant will accept quickly. We do not let that happen.
What to Do After a Defective Product Injury
The steps you take in the days after an injury can shape the outcome of your case:
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Get medical attention immediately and follow through on all recommended treatments Prompt care protects your health and creates medical records that link your injuries directly to the defective product. Gaps in treatment can be used by insurers to question the severity or cause of your injuries.
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Preserve the product and do not throw it away, repair it, or return it. The product itself is the single most important piece of evidence in a product liability claim. Altering or disposing of it can make it much harder to prove a design defect, manufacturing defect, or failure to warn.
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Save everything related to the product, including packaging, manuals, receipts, purchase records, and any correspondence with the seller or manufacturer. These materials help establish where the product came from and who may be responsible in the chain of distribution. They also support warranty claims and confirm how the product was marketed and intended to be used.
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Document your injuries with photographs and a written account of what happened. Capture images as soon as possible and continue documenting as your injuries develop or heal over time. A detailed record strengthens your claim for medical expenses, pain and suffering, and other damages.
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Do not give a recorded statement to the manufacturer's insurance company before speaking with an attorney. Insurance adjusters may try to use your words to minimize or deny your claim. Having legal guidance ensures your rights are protected and that you do not unintentionally weaken your case.
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Call TWWHB before a deadline quietly costs you your case. Florida law limits the time you have to file a product liability lawsuit, and missing that window can permanently bar your claim. Speaking with an attorney early allows you to preserve evidence, meet all deadlines, and pursue the full compensation you deserve.
Frequently Asked Questions about Florida Product Liability
What is product liability?
Product liability is the body of law that holds manufacturers, distributors, and retailers responsible for injuries caused by defective or unreasonably dangerous products placed into the stream of commerce. If a product fails to perform as a reasonable consumer would expect, and that failure causes injury, the companies involved can be held legally accountable.
How long do I have to file a product liability claim in Florida?
Florida imposes strict deadlines on personal injury and wrongful death claims, and recent changes to Florida law have shortened some of these time limits. A statute of repose may also bar certain claims after a set number of years from the product's original sale, regardless of when the injury occurred. Because missing a deadline can end a case permanently, speak with an attorney as soon as possible. Even a short delay can matter.
How much does it cost to hire a product liability lawyer at TWWHB?
Nothing upfront. We handle product liability cases on a contingency-fee basis, which means we only collect a fee if we recover compensation for you. The initial consultation is always free.
What compensation can I recover in a product liability case?
Compensation depends on the facts but may include medical expenses (past and future), lost income and diminished earning capacity, pain and suffering, mental anguish, loss of enjoyment of life, and, in cases involving truly egregious conduct, punitive damages. Families pursuing wrongful death claims may also recover funeral and burial expenses, loss of support, and loss of companionship.
What if I was partially at fault for how I used the product?
You may still have a claim. Florida applies a modified comparative negligence rule in most personal injury cases, which generally allows recovery if your share of fault falls below a certain threshold, with damages reduced in proportion to your fault. Whether and how comparative fault applies depends on the specific facts of your case.
Do I still have a case if the product was recalled?
Yes, and a recall often strengthens your case. A recall is essentially the manufacturer's own acknowledgment that a product was defective or unsafe. If you were injured by a recalled product (whether before or after the recall was issued), you likely have legal options.
What evidence do I need in a product liability case?
The product itself is the most important piece of evidence. Keep it, do not repair it, and do not return it. Also preserve the original packaging, instruction manuals, receipts, and any photographs or videos related to the incident. Seek medical treatment and keep records of every appointment, prescription, and expense. Our firm will handle the rest, including retaining engineers and medical experts to prove liability and damages.
How long will my product liability case take to resolve?
Every case is different. Some claims resolve in a matter of months through negotiation; others require litigation and can take a year or more, particularly when a large manufacturer refuses to accept responsibility. Our commitment is to move your case forward efficiently without sacrificing value for speed.
Will my product liability case go to trial?
Most cases settle before trial, but insurance companies pay more when they know your attorneys are fully prepared (and willing) to try the case. That is exactly the posture TWWHB takes from the first day we are retained.
Can I file a product liability claim on behalf of a person killed by a defective product?
Florida's Wrongful Death Act allows certain surviving family members, and the personal representative of the estate, to bring a claim against the parties responsible for a fatal product defect. Our wrongful death attorneys will walk your family through every step with care and clarity.
Contact Taylor, Warren, Weidner, Hancock & Barnes — Your Free Consultation Is Waiting
If you or someone you love was injured by a dangerous product in Florida, speak with an experienced product liability attorney at TWWHB before critical deadlines expire and key evidence disappears. Your consultation is free. Your case costs you nothing unless we win.