What Happens When a Defective Product Causes an Injury in Florida?
Every day, people in Florida use products they trust to be safe, from household appliances to children’s toys to medical devices. But what happens when one of those products is defective and causes a serious injury? If you or someone you love has been hurt by a product that failed, you may have legal options to pursue compensation, and the path forward is worth understanding.
How Florida Defines a Products Liability Claim
Florida law provides a legal framework for people injured by defective products. Under Florida Statute § 768.81(1)(d), a “products liability action” is defined as a civil action based on theories 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. In plain terms, this means you may have a valid claim if you were hurt by a product that was defectively designed, improperly manufactured, or came without adequate safety warnings.
There are generally three types of defects that give rise to these claims. A design defect means the product was inherently dangerous because of the way it was conceived, even before it was made. A manufacturing defect occurs when a product’s design was sound, but something went wrong during the production process. A failure-to-warn defect, sometimes called a marketing defect, means the manufacturer did not adequately inform users of risks associated with the product.
What You May Be Able to Recover
If a defective product caused your injury, you may be entitled to both economic and noneconomic damages. Economic damages are those with a concrete dollar value, including medical bills, future medical care, lost wages, and the costs of long-term rehabilitation or assistance. Noneconomic damages cover the subjective harm you have endured, such as pain and suffering, loss of enjoyment of life, and emotional distress.
It is worth noting that Florida’s comparative fault rules can affect your recovery. Under § 768.81, if you are found partially at fault for your own injuries, your damages may be reduced proportionally. This is one of several reasons why the details of how a claim is built and presented matter so much.
Potential defendants in a products liability case can be broad and may include:
- The product manufacturer
- Component parts suppliers
- The company that assembled or packaged the product
- Distributors or wholesalers
- Retailers who sold the product to consumers
Contact Boone & Davis Today to Discuss Your Claim
If a defective product has caused you harm, we encourage you to reach out to our team right away. Florida has a statute of limitations that limits the time you have to file a claim, and evidence can become harder to preserve as time passes. At Boone & Davis, our Fort Lauderdale personal injury attorneys have decades of experience helping injured Floridians pursue the compensation they deserve. We offer free consultations and handle cases on a contingency fee basis, meaning you pay nothing unless we recover for you. Contact us today to take the first step.
Source:
flsenate.gov/Laws/Statutes/2025/768.81
