When you buy something, you trust that it’s safe and reliable. Most of the time, the products you buy do their job. But sometimes, products fail. Whether a defect is due to a defective design or poor manufacturing, bad products can hurt or even kill consumers.
Product liability laws give consumers a way to hold manufacturers, distributors, and other parties accountable for their defective products. But like many Florida consumers, you may have questions about the elements of a product liability action. It’s also important to understand what the Florida products liability statute of limitations is. Grossman Attorneys at Law has created this guide to help you better understand some of the basics of product liability actions in Florida and when you will need a top rated accident attorney in Boca Raton.
What Is a Product Liability Action?
When a defective product injures a person, a product liability action arises. Product liability actions are typically due to a manufacturing defect, a design defect, or a failure to warn. Breach of warranty, strict liability, negligence, and nuisance are possible grounds for a product liability action.
Manufacturing Defect
A manufacturing defect occurs when an error or oversight in the manufacturing process causes the product to become compromised. For example, if a machine that manufactures brake calipers were to malfunction, the defective calipers could cause a car crash.
Design Defect
A design defect occurs when the design of a product itself is what causes it to become defective. A poorly designed product may malfunction and cause injury. An example is a poorly designed airbag that causes severe burns to passengers when it activates.
Failure to Warn
Sometimes the problem isn’t the product itself, but the manufacturer or distributor’s failure to warn about the dangers inherent to the product. The product may be relatively safe if used correctly, but without proper instructions or warning, it becomes dangerous. For example, a medication that interacts with alcohol should have a warning. Failure to warn of that interaction could lead to serious harm to consumers.
What Is the Florida Product Liability Statute of Limitations?
When a defective product causes injury in Florida, you face multiple overlapping time limits that can affect your ability to seek compensation. Understanding these deadlines is essential to protecting your legal rights.
Two-Year Statute of Limitations
Under Florida Statute 95.11(3)(a), as amended in 2023, you have two years from the date of injury to file a product liability lawsuit. This deadline applies regardless of when you discovered the defect or realized the product caused your injury.
Twelve-Year Statute of Repose
Florida Statute 95.031 creates an additional barrier called the “statute of repose.” This law generally bars all product liability claims 12 years after the product was first delivered to its initial purchaser, even if the injury occurred within the two-year statute of limitations period.
Important Exceptions to the 12-Year Limit – The statute of repose does not apply in cases involving:
- Latent defects: Hidden flaws that could not reasonably be discovered through normal use
- Fraud: When the manufacturer or seller deliberately concealed the defect or misrepresented the product’s safety
These overlapping deadlines can create complex situations. For example, if you’re injured by a 10-year-old product, you still have two years from your injury date to file suit. However, if you’re injured by a 13-year-old product (even within two years of the injury), your claim may be barred by the statute of repose unless an exception applies.
Florida courts strictly enforce these time limits. Missing either deadline will result in the dismissal of your case, regardless of how strong your evidence or how severe your injuries. Once these deadlines pass, you permanently lose your right to seek compensation through the legal system.
If you’ve been injured by a defective product, contact an experienced product liability attorney immediately. Early legal consultation helps ensure you understand which deadlines apply to your specific situation and that all necessary legal steps are completed on time.
Does Anything Stop the Statute Of Limitations?
Yes! Certain circumstances will “toll” or pause the statute of limitations time period. If a defendant in a product liability suit has left the state or is hiding so they can’t be found, this may pause the limitations period until the person can be located in the state. When the victim was legally incapacitated before the injury, this also tolls the limitations period. In this case, the lawsuit must take place within seven years of the act which caused the injury.
Some events also toll the repose period. The repose period is paused when the harm is caused during the period, but the injury or illness did not become evident until after the period had expired (see the above cancer example). The repose period is also tolled when the manufacturer had actual knowledge that the product was defective and took steps to purposefully conceal the defect.
Consult a Florida Product Liability Attorney
Trying to figure out the Florida statute of limitations for product liability can be a difficult task. That’s why it is important to speak to an experienced Florida product liability attorney about your claim.
If a defective product has harmed you or you need to know more about the Florida product liability statute of limitations, then contact Grossman Attorneys at Law. Our skilled litigators have the knowledge and experience needed to guide our clients through the process of filing a product liability action.
