Florida Statute of Limitations for Defective Products

Statutes of limitations provide deadlines (time limits) for filing different types of legal actions. Each state legislature determines when a person, organization, or prosecutor can file legal actions. These laws cover civil, criminal, and product liability cases.

Product liability is an area of tort law through which consumers can recover damages from defective product injuries. Like many other states, Florida has statutes of limitations for defective product cases.

This FindLaw article explores Florida’s statutes of limitations for defective products.

Understanding Defective Products Claims

Manufacturers and distributors have an obligation to ensure that the products they place into the stream of commerce are safe for their intended use and free from major product defects. If an item malfunctions and causes an injury while being used as intended, you may have a product liability claim. Suffering a severe injury while misusing a product doesn’t present a path to relief through damages. This is because you were not engaged in the appropriate use of the product.

Type of Defects

There are three main types of product defects that can lead to a product liability lawsuit. They include the following:

• Design defects
• Manufacturing defect
• Marketing defect

Let’s take a look at each one.

Design Defects

Design defects occur when a defect in the product’s design leads to a defective product. If the electric flosser shocks your teeth when you floss, the wiring may have a design defect. Defective designs include products with an unintentional defect, like a chair with three legs. There is a strong likelihood that this chair will tip over because of the faulty design.

Manufacturing Defects

Manufacturing defects occur during the manufacturing process, often due to an error or oversight. For example, if your brand-new television does not have internal speakers, someone likely forgot to include them during the manufacturing process.

Marketing Defects

If the company failed to give proper instructions for using an electric flosser, then you may have a claim for a marketing defect. Manufacturers have an obligation to warn consumers about any potential hazards of using their products. For example, most pain relievers include warnings about overuse that can lead to organ failure. Pain relievers are not inherently dangerous, but their misuse can lead to significant harm.

Consumers have a right to expect manufacturers to produce and sell safe products. When they don’t, a consumer can file an appropriate action.

Defective Products Lawsuit Options

Florida residents who have sustained serious injuries as a result of defective products have a few options. One option is filing a product liability action based on Florida products liability law. The second option is to file a personal injury claim.

Products Liability Claim

Under Florida law, a product liability action is a civil action based on one of the following theories:

• Strict liability
• Negligence
• Breach of warranty
• Nuisance

These theories can address damages caused by product defects in one of the following:

• Manufacture
• Construction
• Design
• Installation
• Marketing

The substance of an action determines whether an action is a product liability action.

Personal Injury Claims

Personal injury lawyers may pursue a negligence theory if the manufacturer owes you a duty of care. For example, drug manufacturers have a duty to warn consumers of any inherent danger in using their products. If they breach this duty and you sustain severe injuries, the manufacturer may have acted negligently.

Florida’s Product Liability Laws

Florida’s product liability laws contain a few unique provisions, including the following:

• Strict liability
• Consumer expectation test
• Discovery rule

Let’s examine how each might affect a product liability claim.

Strict liability

Strict liability is a legal standard in product liability cases and inherently dangerous situations. Under this standard, the plaintiff does not have to prove negligence or intent; the defendant is liable for the harm or injury.

Consumer expectation test

To win a product liability lawsuit in Florida, the plaintiff must demonstrate that the defective item did not perform as safely as an ordinary consumer would expect.

Discovery Rule

Under Florida’s discovery rule, the statute of limitations for personal injury claims can toll (pause) until the injured party discovers the injury. For example, if a surgeon leaves a surgical sponge inside a patient, it may take a few years for the patient to discover the sponge.

Medical malpractice has a two-year statute of limitations under Florida law. If the patient discovers the sponge five years after the surgery, under the discovery rule, the statute of limitations starts to accrue from the date of discovery.

Florida Statute of Limitations for Defective Products: Summary

Injured parties in Florida have many options to recover damages after sustaining a serious injury from a defective product. It is critical to adhere to Florida’s statutes of limitation, or the party responsible for the defective product may escape accountability.

The following table outlines the specifics of the Florida statute of limitations for defective products.

Dealing With Issues From a Defective Product? Get Legal Help From a Florida Product Liability Attorney

Consider speaking with a Florida product liability lawyer if you or a loved one has sustained a serious injury from a defective product. They are experts who can provide you with sound legal advice and make sure you know the time limit you need to file your claim by.