Southwest Florida's Health and Wellness Magazine Health and Wellness Articles
By F. Scott Pauzar, III, Naples Personal Injury Attorney
Accidents involving dangerous and defective products are extremely common. While product designers and manufacturers have a legal duty to ensure that the products they sell are safe for use as intended, it is clear that far too many companies prioritize their profits over their customers’ safety. Dangerous and defective products are responsible for countless serious injuries every year, and the U.S. Consumer Product Safety Commission (CPSC) estimates that these products result in tens of thousands of deaths annually.
This is where Florida’s product liability laws come into play.
These laws allow victims and their families to hold product designers, manufacturers, and other companies accountable when they sell dangerous and defective products. Under Florida’s product liability laws, victims and their families can file lawsuits in court—and they can do so on various grounds. Crucially, while proof of negligence is required for most types of personal injury and wrongful death claims, this isn’t the case for claims based on product defects.
Florida’s Product Liability Laws: An Overview
So, how do Florida’s product liability laws protect you? To understand your legal rights, we can look at the definition of a “product liability action” under Section 768.81(1)(d) of the Florida Statutes:
“Products liability action means a civil action based upon a theory 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.”
If we break this down, we can see that there are four main types of product liability claims in Florida:
Strict Liability – In cases involving product defects, designers, and manufacturers (and potentially other companies) can be held liable without proof of negligence.
Negligence – When a product is dangerous but not necessarily “defective,” victims and their families can file claims based on negligence.
Breach of Warranty – Regardless of whether a product is defective, if a warranty applies, a breach of that warranty may provide grounds to seek just compensation.
Nuisance – In some cases, victims of harmful products can file claims based on the doctrine of public nuisance.
Each type of claim is an option in different circumstances and determining which claim (or claims) you should file requires a detailed understanding of the facts surrounding your (or your loved one’s) product-related accident. While this is important to understand, the key takeaway is that there are multiple ways an experienced product liability lawyer may be able to seek just compensation on your behalf.
The Statutes of Limitations for Product Liability Claims in Florida
How long do you have to file a product liability claim in Florida? The short answer is, “It depends.” The statutes of limitations for the different types of claims discussed above vary. In any case, it is important to take action promptly; and, if you think that you may have a claim, we encourage you to contact us as soon as possible.
Request a Free Consultation at Woodward, Pires & Lombardo, P.A.
Do you need to know more about your legal rights after a product-related accident in Florida? If so, we invite you to get in touch. To request a free consultation with a lawyer at Woodward, Pires & Woodward, P.A., please call 239-649-6555 or get in touch online today.
About the Author
F. Scott (“Scott”) Pauzar, III is a litigation and personal injury law attorney in Woodward, Pires & Lombardo’s Naples office. He has a broad base of legal knowledge and skills cultivated through over 19 years of experience as a litigator in complex litigation in both state and federal courts. Previously, Scott was an Assistant State Attorney at the 20th Judicial Circuit State Attorney’s Office in Fort Myers. During his five years as a Prosecutor, Scott conducted over 30 jury trials. After leaving the Office of the State Attorney, Scott served as an insurance defense attorney for 11 years, where his practice focused on litigation of complex cases and catastrophic injuries. Scott now combines his jury trial and defense experience to successfully represent his clients in litigation and personal injury law matters.
Scott is a military veteran, having served on active duty in the United States Air Force between 1989 and 1993. He is a native of Naples, Florida. Scott received his Bachelor of Arts degree from Jacksonville University in 1996 and his Juris Doctor from the University of Nevada, Las Vegas, in 2004. He is a member of The Florida Bar, and is admitted to practice in the U.S. Middle District and U.S. Northern District of Florida.
Woodward, Pires & Lombardo P.A.
Naples Office:
3200 Tamiami Trail N, Ste 200
Naples, FL 34103
239-649-6555
Marco Island Office:
606 Bald Eagle Dr, Ste 500
Marco Island, Fl 34145
239-394-5161