- Under Florida strict product liability law, manufacturers, distributors, and retailers are held liable if a defective product causes injury during normal or foreseeable use. Injury victims do not need to prove corporate negligence—only that the product contained a design, manufacturing, or marketing defect that directly caused harm. Under Florida Statute § 95.11 (as amended by HB 837), most product liability lawsuits must be filed within two years of the injury.
Reinfeld Cabrera Tison litigates product defect cases in Coral Springs and throughout Broward County. Our trial team handles every case directly, investigating manufacturing records and confronting corporate defense teams in court.
Florida Product Liability Law: Manufacturer Negligence & Defective Auto Parts Litigatio
When a sudden tire blowout on the Sawgrass Expressway or a steering failure along Sample Road traces back to a manufacturing defect rather than driver error, the battle shifts from traditional negligence to complex product liability.
Holding global manufacturers accountable in Broward County’s 17th Judicial Circuit demands aggressive evidence preservation—such as securing the compromised component before it is lost or destroyed—and dismantling corporate defense strategies that attempt to blame the victim.
- Strict Liability Standard: You only need to prove the product was unreasonably dangerous during foreseeable use; proving negligence is not required.
- Two-Year Statute of Limitations: Florida Statute § 95.11(3)(e) imposes a strict two-year filing window for injuries occurring after March 24, 2023.
- 12-Year Statute of Repose: Under F.S. § 95.031(2), claims generally cannot be brought more than 12 years after the original delivery of the product to its first purchaser.
- Full Chain-of-Distribution Liability: Manufacturers, component suppliers, distributors, and retail sellers in South Florida can all be held jointly liable.
- Direct Trial Partner Leadership: Founding partners Alan Reinfeld and Devin Tison manage evidence preservation and litigation directly.
What is the Statute of Limitations for Product Liability in Florida?
Statute of Limitations (Two-Year Rule)
Following Florida’s tort reform under House Bill 837, Florida Statute § 95.11(3)(e) sets a two-year statute of limitations for product liability actions accruing after March 24, 2023. The statutory clock begins on the date the injury occurred or when the injury and defect were reasonably discovered.
Statute of Repose (12-Year Bar)
Under Florida Statute § 95.031(2), Florida enforces a 12-year Statute of Repose. Regardless of when an injury occurs, a lawsuit cannot be initiated if more than 12 years have passed since the product was delivered to its original buyer, unless:
- The manufacturer actively concealed or fraudulently misrepresented the defect.
- The product has an expected useful life of more than 10 years (extending the window up to 12 years plus the declared useful life).
- The claim involves commercial aircraft, passenger vessels, or railroad equipment (which carry a 20-year repose period).
What Are the Types of Product Defects Under Florida Law?
Florida civil courts recognize distinct categories of product failures:
| Defect Category | Legal Definition Under Florida Law | Practical Example in South Florida |
| Design Defect | The inherent engineering or design of the product line makes it unreasonably dangerous, even when manufactured perfectly. | An SUV engineered with a high center of gravity and narrow track width, causing catastrophic rollover hazards during standard evasive maneuvers on I-95. |
| Manufacturing Defect | An error during assembly or quality control causes a specific unit to deviate from its intended safe design. | A ladder constructed with an improperly tempered aluminum rung that collapses under normal weight load. |
| Marketing Defect (Failure to Warn) | The product lacks clear, adequate safety warnings, user instructions, or non-obvious hazard notices. | A prescription pharmaceutical or medical device distributed without warning labels regarding severe side effects or stroke risks. |
Full Chain-of-Distribution Liability in Broward County
Florida law permits injured consumers to pursue damages against any business entity within the commercial distribution chain:
- Product Manufacturers: Corporations responsible for overall engineering, assembly, and testing.
- Component Part Manufacturers: Third-party suppliers providing defective sub-assemblies (e.g., airbag inflators, battery cells, brake pads).
- Distributors & Wholesalers: Logistics entities routing defective consumer goods into the Florida marketplace.
- Retail Sellers: Local commercial outlets and big-box stores in Coral Springs and Fort Lauderdale that sold the item directly to the consumer.
Proving Strict Product Liability in the 17th Judicial Circuit Court
To establish strict liability in the Broward County Circuit Court, our litigation team must establish four core elements:
Direct Proximate Cause & Damages: The product failure directly caused severe personal injury, medical expenses, or financial loss.ou Prove a Product Liability Claim in Coral Springs?
Existence of a Defect: The product had an unreasonably dangerous design, manufacturing error, or inadequate warning.
Unaltered Chain of Custody: The defect existed at the time the product left the manufacturer or seller’s possession.
Foreseeable Product Use: The victim was operating the product in a manner intended or reasonably foreseeable by the manufacturer.
Frequently Asked Questions
Should I keep the defective product after an injury?
Yes. Keep the unaltered product in a safe location along with its original packaging and receipts.
Can I file a claim if the product was officially recalled?
Yes. An official recall notice does not eliminate your right to sue and helps prove known defects.
What compensation can I recover in a Broward County product liability case?
You can seek damages for hospital bills and lost wages, along with compensation for physical pain.
Does Florida’s 51% modified comparative fault rule apply to product defect claims?
Yes. Under Florida Statute § 768.81, if the defense proves that misuse of the product contributed to the injury, any financial recovery is reduced by your percentage of responsibility. If you are found more than 50% at fault, you are completely barred from recovering compensation.
Schedule Your Consultation with Our South Florida Trial Lawyers
Speak directly with a trial attorney about your claim today.
Fort Lauderdale Office: 2933 W. Cypress Creek Rd, Suite 201, Ft. Lauderdale, FL 33309
Call Our Direct Line: 954 866 4878
Coral Springs Office: 9625 W. Sample Rd, Coral Springs, FL 33065
