Florida Statute of Limitations for Defective Products
Created by FindLaw's team of legal writers and editors | Last reviewed June 20, 2016
After purchasing a product off of the shelves, most consumers don't think that the item may cause themselves or others around them injuries if used in a proper manner. When an injury does occur, being compensated for any pain and suffering that the defective product caused is often the first thing that pops into people's minds. Florida statute of limitations for defective products force people injured by these products to file their case within a set time period or lose the right to sue altogether. This is a quick summary of the statute of limitations for defective products in Florida.
Timely Filing Under Florida Statute of Limitations for Defective Products
When a consumer is injured by a defective product, generally, the injured party can sue either the manufacture, seller, or designer of the product. However, if the injured party waits too long to file a products liability claim, the party responsible for placing this defective product into the stream of commerce will escape liability. Because of this, keeping track of when a defective product caused your injury is essential for maintaining a proper products liability claim.
The following table outlines the specifics of the Florida statute of limitations for defective products.
Florida Statutes §95.11: Limitations Other Than For The Recovery Of Real Property
Products Liability Claim
Under Florida law, a products liability action is a civil action based upon a theory of strict liability, negligence, breach of warranty, nuisance, or similar theories for damages caused by the manufacture, construction, design, formulation, installation, preparation, or assembly of a product. The term includes an action alleging that injuries received by a claimant in an accident were greater than the injuries the claimant would have received but for a defective product. The substance of an action determines whether an action is a products liability action.
Statute of Limitations
An action for injury to a person involved on the design, manufacture, distribution, or sale of personal property that is not permanently incorporated in an improvement to real property must commence within four years.
When the Clock Starts Running
In general, a cause of action accrues when the last element constituting the cause of action occurs. However, the statute of limitations for defective products starts running from the time the facts giving rise to the cause of action were discovered or should have been discovered with the exercise of due diligence.
If you have been injured by a defective product and are concerned about the Florida statute of limitations for defective products, you can contact a Florida product liability lawyer through FindLaw. Visit FindLaw's sections on statute of limitations and product liability for more articles and information on this topic.
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