Products Liability Lawyers

What Must You Prove in a Florida Product Liability Case?

Florida recognizes strict liability for defective products, following the consumer-expectations approach reaffirmed by the Florida Supreme Court: a product is defective in design when it fails to perform as safely as an ordinary consumer would expect when used as intended or in a reasonably foreseeable way. Defects come in three classic forms — design, manufacturing, and failure to warn — and can reach manufacturers, distributors, and sellers in the chain of commerce. Florida also imposes a statute of repose for many products: generally, claims are barred when the harm comes from use or exposure more than 12 years after delivery to its first purchaser or lessee who was not in the business of selling or leasing it or building it into another product (section 95.031(2)(b), Florida Statutes), with exceptions. Product claims arising in Coral Gables, when properly venued in Miami-Dade County, are generally filed in the Eleventh Judicial Circuit. Circuit civil cases (over $50,000) with Miami-Dade County venue are filed at the Osvaldo N. Soto Miami-Dade Justice Center in downtown Miami; claims that qualify for federal jurisdiction may proceed in the Southern District of Florida, Miami Division.

How Long Do You Have to File a Product Liability Claim in Florida?

Treat the deadline as two years. Florida’s 2023 tort reform set a two-year period for negligence actions accruing after March 24, 2023 (section 95.11(5)(a), Florida Statutes). Whether negligence-based product claims follow that two-year period or the traditional four-year product-liability period is still being worked out in the courts — planning for the shorter answer is the only safe course. For many products — generally those with an expected useful life of 10 years or less — a 12-year statute of repose can add a second, outer clock, subject to statutory exceptions. If a defective product injured you, get legal advice now — not at year two.

What Should You Do After a Product Injury in Coral Gables?

Keep the product — do not return it, repair it, or throw it away, and keep the packaging, manuals, and receipts if you have them. Photograph the product, the scene, and your injuries. Get medical care immediately. The region’s Level I trauma centers — the Ryder Trauma Center at Jackson Memorial Hospital and HCA Florida Kendall Hospital — handle the area’s most severe injuries. Check whether the product has been recalled, but do not assume a recall is required for a claim. Then call Silva & Silva for a free case review, in English or Spanish, before speaking to the manufacturer’s representatives or insurers.

The product that hurt you is the heart of your case — protect it and call Silva & Silva at 305-445-0011 for a free consultation about your Coral Gables case. No fees unless we recover.