Product Liability Lawyer in Miami

Product liability law allows a person injured by a defective product to sue the manufacturer, distributor, and (in some cases) seller of the product. Florida product liability cases are technically and financially demanding — they often require expert engineering testimony, exemplar testing, and complex economic analysis — but they are also among the most important cases in the personal injury system because they create the financial incentive for manufacturers to design and produce safer products. If you or a loved one has been hurt by a defective product anywhere in Miami-Dade, Broward, or Monroe County, an experienced Florida product liability lawyer can help.

Three Theories of Product Liability in Florida

Florida recognizes three distinct theories under which a manufacturer or distributor can be held liable for a defective product:

• Strict liability. Florida follows § 402A of the Restatement (Second) of Torts. A manufacturer is liable for harm caused by a product that was sold in a defective condition unreasonably dangerous to the user, regardless of whether the manufacturer was negligent. The plaintiff need not prove fault — only that the product was defective and that the defect caused the injury.
• Negligence. The traditional theory: the manufacturer or seller failed to exercise reasonable care in design, manufacture, warning, or distribution.
• Breach of warranty. Express warranties (specific representations about the product) and implied warranties (of merchantability and of fitness for a particular purpose) under Florida's Uniform Commercial Code, Chapter 672.

Three Categories of Product Defect

• Design defects. The product is unsafe as designed — even if manufactured exactly as intended. Examples include vehicles prone to rollover, products with inadequate safeguards, and machinery without required interlocks.
• Manufacturing defects. The product is defective because something went wrong in the manufacturing process — a single unit or batch deviating from the intended design.
• Failure-to-warn / marketing defects. The product is defective because the manufacturer failed to provide adequate warnings about non-obvious hazards or adequate instructions for safe use.

Common Florida Product Liability Cases

• Defective vehicles — fuel-system fires, airbag failures (Takata), defective seatbelts, roof crush in rollovers, sudden acceleration, tire failures
• Lithium-ion battery fires — e-cigarettes, e-bikes, e-scooters, hoverboards, laptops, phone batteries
• Defective medical devices — hip and knee implants, surgical mesh, pacemakers, IVC filters
• Defective drugs — pharmaceutical products that cause unwarned-of injuries
• Defective consumer products — appliances, power tools, ATVs, recreational equipment
• Defective workplace machinery — industrial equipment without proper guards, defective forklifts and skid-steers
• Defective children's products — toys, car seats, cribs, infant carriers
• Defective marine products — particularly important in South Florida — boat fuel systems, propellers, navigation equipment

Florida's Statute of Repose for Products

Florida has a 12-year statute of repose for product liability claims, codified at § 95.031(2)(b). This generally bars actions against the manufacturer commenced more than 12 years after delivery of the product to the original purchaser, regardless of when the injury occurred. There are several important exceptions: the statute of repose does not apply to defective drugs, certain aircraft and railroad products, products with extended warranties, products with known latent defects, and a handful of other categories. The 12-year clock and its exceptions are technical, and analysis of when a particular product was first delivered (and to whom) is often a critical early issue.

Statute of Limitations

For product liability injuries occurring on or after March 24, 2023, Florida's statute of limitations is two years from the date of the injury or, in latent-injury cases, from the date the injury was or should have been discovered. The two-year period applies in addition to the 12-year statute of repose — both must be satisfied.

Damages

Damages in a Florida product liability case can include past and future medical expenses, lost wages and earning capacity, pain and suffering, mental anguish, permanent impairment, loss of enjoyment of life, and (in fatal cases) Florida Wrongful Death Act damages. Punitive damages may be available where the manufacturer acted with gross negligence or intentional misconduct — for example, where the company knew its product was dangerously defective and chose to continue selling it without warnings.

Why Product Cases Require Specialized Resources

Product cases generally cost more to develop than ordinary negligence cases. They require engineering experts (mechanical, electrical, biomechanical, materials), exemplar testing of the product and similar products, accident reconstruction, and (in pharmaceutical and medical device cases) medical and regulatory experts. Total costs in a single case can easily exceed $100,000 to $500,000 before trial. We accept these cases on contingency and advance all costs.

If you or a loved one has been injured by a defective product anywhere in South Florida, contact the Law Offices of Albert Goodwin. Call 786-522-1411 or email [email protected] for a free consultation.