Defective products reach Homestead store shelves, construction sites, and households every day. When a product fails and someone gets hurt, the manufacturer, distributor, or retailer that put that product into the market may be held accountable.
At Berger & Hicks, P.A., our Homestead product liability lawyers represent injured people who have been harmed by products that were defective in design, manufacturing, or warnings.
Call (305) 670-7050 for a free consultation. We fight for fair compensation on a contingency fee basis. There is no fee unless we recover for you.
Schedule Your ConsultationHow Does Florida Product Liability Law Work?
Florida law allows injured consumers to bring product liability claims under theories of strict liability, negligence, or breach of warranty. Under Florida Statute § 768.81(1)(d), a product liability action covers civil claims for damages caused by the manufacture, construction, design, formulation, installation, preparation, or assembly of a product.
What Does Strict Liability Mean in a Product Liability Case?
Strict liability means the injured person does not have to prove the manufacturer or seller was careless. The focus is on the product itself. If the product was defective and that defect caused the injury, the manufacturer may be held liable regardless of how much care it exercised during production.
Florida recognizes that consumers rarely have access to internal manufacturing processes or corporate quality control records before a lawsuit is filed. Strict liability shifts the focus from the company's behavior to the condition of the product.
Who May Be Held Liable for a Defective Product?
Product liability claims in Florida may reach beyond the manufacturer. Depending on the facts of the case, liability may extend to any party in the product's chain of distribution.
Potentially liable parties in a Homestead product liability claim include:
- The manufacturer that designed or assembled the product
- A component part manufacturer whose part contributed to the defect
- The distributor that moved the product through the supply chain
- The retailer that sold the product to the consumer
- A company that marketed or labeled the product with inadequate warnings
Identifying every responsible party matters because manufacturers are sometimes based overseas or lack sufficient insurance to cover the full scope of damages. An experienced product liability attorney in Homestead traces the product's path from design to sale to identify any parties who may be responsible.
What Types of Product Defects Lead to Injury Claims in Florida?
Product defects fall into three categories under Florida law. Each category involves a different type of failure, and the evidence required to prove the claim varies depending on which category applies.
Design Defects
A design defect exists when the product's original design makes it unreasonably dangerous, even when manufactured exactly as intended. The flaw is built into the product's blueprint. Every unit produced under that design carries the same risk.
Design defect claims often involve products where a safer alternative design was available and feasible but the manufacturer chose not to use it.
Manufacturing Defects
A manufacturing defect occurs when something goes wrong during the production process. The design itself may be sound, but an error in assembly, contamination during production, or use of substandard materials creates a product that differs from the manufacturer's own specifications.
Manufacturing defects may affect a single unit or an entire production run.
Failure to Warn or Inadequate Instructions
A product may function as designed but still cause injury if the manufacturer fails to provide adequate warnings or instructions. This category applies when a product carries risks that are not obvious to the average consumer, and the manufacturer does not disclose those risks through labels, packaging, or instructional materials.
Medications without proper side effect disclosures, power tools without safety warnings, and household chemicals without handling instructions are common examples.
What Filing Deadlines Apply to Product Liability Claims in Florida?
Product liability claims in Florida are governed by their own filing deadline, separate from the two-year statute of limitations that applies to general negligence claims.
What Is the Statute of Limitations for Product Liability?
Under Florida Statute § 95.11(3)(d), a product liability action generally must be filed within four years from when the facts giving rise to the claim were discovered or should have been discovered. This applies to claims for injuries caused by the design, manufacture, distribution, or sale of personal property.
Schedule Your Free Consultation Now →What Is the Statute of Repose and How Does It Affect a Product Liability Claim?
Florida law presumes that most products have an expected useful life of 10 years or less. For this reason, Florida also imposes a statute of repose on product liability claims.
Under Florida Statute § 95.031(2)(b), many product liability claims may be barred if the injury was caused by using or being exposed to the product more than 12 years after it was first delivered to its original purchaser or lessee. This deadline applies regardless of when the injury occurred.
The statute of repose has limited exceptions. It may not apply if the person used or was exposed to the product within the repose period, but the injury did not appear until after that period expired. The repose period may also be tolled if the manufacturer had actual knowledge of the alleged defect and took affirmative steps to conceal it.
Certain categories of products, including commercial aircraft, large vessels, and railroad equipment, are subject to a 20-year repose period instead.
These overlapping deadlines make early legal consultation critical. A Homestead product liability lawyer may evaluate whether the statute of limitations and the statute of repose leave the claim viable. Call Berger & Hicks, P.A. at (305) 670-7050 for a free case review.
Ask Berger & Hicks, P.A.
Q: Do I need to keep the product that injured me?
A: Yes, preserving the defective product is critical to a product liability claim. The product itself is often the most important piece of evidence. Do not discard, repair, or alter the product after an injury. Store it in a safe location and bring it to your attorney consultation, if possible.
Q: What if a product was recalled after it hurt me?
A: A product recall issued after your injury may support your claim by confirming that the manufacturer or a federal agency identified a defect. However, a recall alone does not automatically prove liability in your specific case. Your attorney must still demonstrate that the defect in your particular product caused your injury.
Q: Does product liability apply to used or secondhand products in Florida?
A: Yes, product liability claims may apply to used or secondhand products in Florida, depending on the circumstances. If a product was defective when it left the manufacturer and that defect caused an injury, the claim may remain viable even if the product changed hands.
What Damages Can a Homestead Defective Product Lawyer Help You Pursue?
Product defect injuries range from burns and lacerations to traumatic brain injuries, spinal damage, and death. The compensation available depends on the severity of the injury, the type of defect, and the strength of the evidence linking the defect to the harm.
A successful product liability claim in Homestead may include compensation for:
- Emergency medical treatment, surgery, hospitalization, and long-term rehabilitation
- Future medical care, including corrective surgeries, prosthetics, or ongoing therapy
- Lost wages from time missed during recovery
- Reduced earning capacity if the injury limits the ability to return to prior employment
- Pain and suffering, disfigurement, and diminished quality of life
- Out-of-pocket expenses such as medical equipment, home modifications, or in-home care
Defective product cases involving catastrophic injuries or death may also involve claims for loss of consortium by a spouse or family member. An experienced product defect injury attorney evaluates the scope of current and future damages rather than accepting an early settlement based only on initial treatment costs.
How Do Our Homestead Product Liability Attorneys Build These Cases?
Product liability cases demand a different kind of preparation than a standard personal injury claim. These cases involve technical evidence about how a product was designed, tested, manufactured, and marketed. They also can require testimony from engineers, materials scientists, or industry consultants who examine the product and identify the defect.
What Goes Into Building a Product Liability Case?
At Berger & Hicks, P.A., the first priority is preserving the defective product, as it is often the most critical piece of evidence. From there, we work to identify every party in the chain of distribution, including the manufacturer, distributor, and retailer, to determine where liability may exist.
Our team gathers key supporting documentation, including design specifications, quality control records, testing data, and any recall history.
When applicable, we review resources from agencies such as the Consumer Product Safety Commission (CPSC) and the Food and Drug Administration (FDA) to identify known safety concerns or regulatory issues. We also collaborate with qualified professionals who examine the product and provide informed opinions on the nature of the defect and how it may have caused the injury.
Why South Floridians Choose Berger & Hicks, P.A. for Product Liability Claims
South Florida residents turn to Berger & Hicks, P.A. for product liability claims because these cases often involve complex litigation in Miami-Dade County courts, pitting them against national manufacturers and well-funded corporate defense teams.
Successfully pursuing these claims requires attorneys who are prepared to handle high-stakes disputes and who bring both courtroom credibility and strategic experience.
Martin Berger brings more than three decades of litigation experience and holds an AV Preeminent rating, while Zachary Hicks offers over 20 years of experience and recognition from Super Lawyers. Both attorneys remain directly involved in every case, guiding clients from initial evidence preservation through trial rather than delegating critical work to support staff.
Clients work directly with their attorneys at Berger & Hicks, P.A., not a case manager. Services are available in both English and Spanish. Consultations are free; case costs are advanced; clients pay no fees unless compensation is recovered.
Schedule Your Free Consultation Now →FAQs About Homestead Defective Product Claims
How do I know if my injury was caused by a product defect or my own mistake?
Determining whether an injury resulted from a product defect or user error often requires a professional examination of the product. Engineers and product analysts may inspect the item for design flaws, manufacturing irregularities, or missing safety features.
Does a product warranty affect my ability to file a product liability lawsuit?
No. A product warranty and a product liability lawsuit serve different purposes. A warranty is a contractual promise about the product's performance. A product liability lawsuit is a legal claim for injuries caused by a defect. An expired warranty does not prevent a product liability claim.
What if multiple people were injured by the same defective product?
When a defective product injures multiple people, each injured person may file an individual claim. In some cases, a large number of injuries from the same product may lead to multidistrict litigation or a class action. These consolidated proceedings allow courts to address common issues more efficiently while preserving each person's right to compensation.
Does Florida’s comparative fault rule apply to Homestead product liability claims?
Yes. Under Florida Statute § 768.81, comparative fault applies to product liability actions. If the injured person's own actions contributed to the injury, a jury may reduce the damages award proportionally. If the injured person is found more than 50% at fault, recovery is barred entirely under the modified comparative negligence standard.
Take Action After a Defective Product Injury in Homestead
Manufacturers, distributors, and retailers move fast to limit their liability after an injury. To secure the evidence needed for a strong claim, you must immediately preserve the defective product and all documentation.
But you don't need to let vital evidence disappear. Our Homestead product liability lawyers can help, taking action quickly to preserve your legal rights and get you fair compensation.
Berger & Hicks, P.A. offers free consultations and handles product liability cases on a contingency fee basis, so you pay no fees unless compensation is recovered. Call (305) 670-7050 to discuss your situation and explore your legal options.
Our team is available in both English and Spanish to serve Homestead’s diverse community.
Schedule Your Free Consultation Now →