A person hurt by a defective product often returns it, throws it away, or lets a repair shop take it apart before realizing that decision can undercut their own claim. Berger & Hicks, P.A. represents West Kendall residents injured by defective consumer products, tools, appliances, and vehicle parts.
Most people focus on getting medical care first, which makes sense, but the physical product itself often becomes the single most important piece of evidence in a product liability case. A discarded space heater or a repaired power tool can turn a strong claim into a difficult one within days of the injury.
Martin Berger and Zachary Hicks review these cases directly and advise clients early on what to preserve and what to document. Call (305) 670-7050 or fill out the contact form on this page before you make any decisions about the product involved.
Schedule Your ConsultationWhat Qualifies As A Product Liability Claim In Florida?
A product liability claim in Florida arises when a defective or unreasonably dangerous product causes injury to the person using it. Florida law recognizes three main categories of product defects, and identifying which one applies shapes the entire direction of a claim.
Products can fail in different ways, and each type of failure points to a different party along the chain of manufacturing and sale.
- Design Defects: The product's overall design creates an unreasonable risk of harm even when made and used exactly as intended.
- Manufacturing Defects: A flaw occurs during production that causes the specific unit involved to differ from how it was designed.
- Marketing Or Warning Defects: The manufacturer failed to provide adequate instructions or warnings about a known risk associated with normal use.
Sorting a case into one of these categories early matters, since design defect claims often require different evidence than a manufacturing flaw affecting a single batch of products.
Who Can Be Held Responsible When A Defective Product Causes An Injury?
More than one party along a product's chain of distribution may share liability when a defective product causes injury. Florida law allows claims against manufacturers, distributors, and retailers, since each one plays a role in getting a dangerous product into a person's hands.
Responsibility in these cases often extends beyond the company whose name appears on the label.
- Manufacturers: The company that designed or assembled the finished product bears primary responsibility in most claims.
- Part Makers: A supplier whose individual part caused the overall product to fail may share liability separately.
- Distributors: A company that moved the product from manufacturer to retailer without catching an obvious defect may face a claim.
- Retailers: The store that sold the product to the injured person may share liability in certain circumstances, depending on its role in the transaction and the facts of the case.
Martin Berger has tried personal injury cases in Miami-Dade courts for 32 years and holds an AV Preeminent rating from Martindale-Hubbell, while Zachary Hicks brings 21 years of experience and a Super Lawyers recognition to cases involving multiple corporate defendants.
Clients in West Kendall, Homestead, and the South Miami suburbs work with these attorneys directly rather than through a rotating team of case handlers. Reach the firm at (305) 670-7050 to discuss which parties may be involved in your specific case.
Schedule Your ConsultationWhy Does Keeping The Defective Product Matter For Your Claim?
Keeping the defective product itself, along with its packaging and any related paperwork, gives an attorney and any retained expert the physical evidence needed to prove what went wrong.
A product liability claim without the actual product becomes far harder to support once a manufacturer disputes that a defect existed at all.
Several categories of physical evidence carry real weight in these cases.
- The Product Itself: Store it in its post-incident condition without attempting any repair or alteration.
- Original Packaging And Manuals: Save any boxes, instructions, or warning labels that came with the product.
- Purchase Records: Keep receipts, order confirmations, or credit card statements showing when and where the product was bought.
- Photographs Of The Scene: Take pictures of the product, the injury, and the location where the incident happened before anything gets moved or cleaned.
A manufacturer's defense often centers on arguing the product was altered, misused, or improperly maintained after the sale, which makes preserving its original post-incident condition one of the most protective steps an injured person can take.
How Long Do I Have To File A Product Liability Claim In Florida?
Florida generally gives an injured person two years from the date of the injury to file a product liability lawsuit founded on negligence or strict liability, under Florida Statute 95.11. This two-year window reflects the 2023 tort reform changes that shortened Florida's general negligence deadline from four years.
A separate deadline called a statute of repose adds another layer to these cases. Under Florida Statute 95.031, most product liability claims must be filed within 12 years of the product's original delivery to its initial purchaser or user, subject to limited statutory exceptions.
Claims based on breach of warranty follow a separate four-year deadline tied to contract law rather than negligence.
These overlapping deadlines mean an older product injury may raise repose questions that a recent car accident never would.
A prompt review of the purchase date and the injury date clarifies which deadlines actually apply to a specific product.
What Evidence Helps Prove A Product Liability Claim In Florida?
A product liability claim depends on showing what went wrong with the product, who was responsible for placing it into the marketplace, and how the defect caused the injury.
The evidence used to build that connection depends on the type of defect involved and the circumstances of the incident.
| Evidence | Why It Matters |
| The Defective Product | Allows the product to be inspected for design flaws, manufacturing problems, or missing warnings. |
| Photos and Videos of the Product | Documents the product’s condition after the incident before repairs, disposal, or changes occur. |
| Medical Records | Connect the injury to the product failure and document the treatment required afterward. |
| Purchase Records | Help establish when and where the product was purchased and identify sellers involved in the distribution chain. |
| User Manuals And Warnings | Show what instructions the manufacturer provided and whether important safety information was missing. |
| Recall Notices And Safety Reports | May provide information about similar failures involving the same product or model. |
| Prior Complaints And Incident Reports | Can show whether similar problems were reported before the injury occurred. |
| Expert Analysis | Helps explain how a defect existed and how that defect contributed to the injury in complex cases. |
Preserving this evidence early matters because manufacturers and insurers may challenge whether the product was defective, whether it was used properly, or whether something changed after the injury occurred.
A careful review of the available evidence helps determine which parties may be responsible and what caused the failure.
Schedule Your ConsultationWhat Compensation Is Available After A Defective Product Injury?
Compensation in a Florida product liability case generally depends on the medical treatment required, the impact on the person's ability to work, and the severity of the injury caused by the defect. Every case differs based on the specific facts and documentation available.
People hurt by defective products may pursue several categories of damages.
- Medical Expenses: Costs tied to emergency treatment, surgery, and any continuing care related to the injury.
- Lost Income: Wages missed during recovery, along with any reduction in future earning capacity.
- Pain And Suffering: Physical pain and emotional distress connected to the injury and its recovery process.
- Property Damage: Costs tied to other property damaged when the defective product failed, such as a fire caused by a faulty appliance.
The strength of any single category depends heavily on documentation gathered close to the time of the injury, before memories fade and physical evidence changes condition.
How Do Manufacturers And Their Insurers Respond To Product Liability Claims?
Manufacturers and their insurers typically assign product liability specialists and outside counsel to a claim soon after it gets filed, and their goal is limiting the company's financial exposure. Several recurring tactics show up across these cases.
- Blaming Misuse: Arguing the injured person used the product in a way the manufacturer never intended or warned against.
- Disputing The Defect: Claiming the product met all applicable safety standards and performed as designed.
- Alleging Alteration: Suggesting the product was modified, repaired, or maintained improperly after it left the factory.
- Slow Discovery Tactics: Delaying the release of internal design documents, testing records, or prior complaint histories tied to the same product.
None of these positions represent a final answer on liability. They represent a corporate defense strategy built to protect the manufacturer's bottom line rather than to evaluate the facts fairly.
Ask Berger & Hicks, P.A.
Q: I already threw away the product that hurt me. Do I still have a case?
A: Maybe, depending on what other evidence exists, such as photographs, medical records, or a matching product recall. Losing the physical product makes the case harder but does not automatically end it.
Q: Can I sue if the injury happened while I was using the product in a way not described in the manual?
A: Yes, you may still have a claim if your use of the product was foreseeable to the manufacturer, even if it fell outside the exact instructions. Manufacturers generally must design products to withstand reasonably expected uses.
Q: What if the product was recalled after I got hurt?
A: A later recall may support a claim even if it happened after your injury, since it often points to a defect the manufacturer already suspected. The timing of a recall relative to your purchase and injury date matters for the analysis.
Q: Do I need to hire an engineer or expert to prove my case?
A: Some product liability claims require expert review to examine the product and explain how the defect caused the failure.
FAQ For West Kendall Product Liability Lawyers
Can I file a claim if I bought the product secondhand?
Yes, you may still file a product liability claim over a secondhand product if the original defect existed when it left the manufacturer. The resale itself does not eliminate the manufacturer's responsibility for a defect present at the time of production.
Does it matter if the store where I bought the product has since closed?
Not usually, since a manufacturer's liability generally does not depend on whether the original retailer remains in business. Claims typically target the manufacturer and any distributor still identifiable through the product's labeling or paperwork.
Do I need to prove the manufacturer knew about the defect?
No, not for most product liability claims. Florida law allows strict liability claims that do not require proof the manufacturer knew about the defect, unlike a negligence claim that focuses on the manufacturer's conduct.
Can I still file a claim if I was partly responsible for how the injury happened?
Yes, you may still recover damages under Florida's comparative negligence rules if you were not more than 50 percent responsible for your own injury. The percentage of fault assigned affects the amount of any eventual recovery.
What if the defective product was made by a company based outside the United States?
Yes, you may still pursue a claim against a foreign manufacturer, particularly when a United States-based distributor or retailer sold the product locally. These cases often require identifying every party in the distribution chain to determine who can be reached in a Florida court.
Protect Your Product Liability Claim In West Kendall
The product that caused your injury tells a story no witness statement can fully replace, and that story starts disappearing the moment the item gets discarded, repaired, or returned.
Martin Berger and Zachary Hicks review these details in English and Spanish, and Berger & Hicks, P.A. advances the costs of building a case with no fee unless you recover.
Call (305) 670-7050, submit the contact form on this page, or visit the firm at 9700 South Dixie Highway, Suite 850, Miami, FL 33156 for a free consultation about what happened.
Schedule Your Consultation