Florida Manufacturer Liability for Injuries Caused by Defective Products

That new coffee maker you bought last week wasn't supposed to catch fire. The prescription medication you take daily wasn't meant to cause unexpected side effects. The child's car seat should have protected your little one in a crash, not failed at the critical moment.

When manufacturers sell unsafe products, the results can be devastating. At DeLoach, Hofstra & Cavonis, our Seminole product liability lawyers help Florida residents hold companies accountable for defective products that cause injuries. Let us explain how manufacturer liability works and your legal options for seeking fair compensation.

Three Types of Defective Products Under Florida Law

When we evaluate manufacturer liability cases at our Seminole law firm, we look at three main categories of defective products: design, manufacturing, and marketing problems. 

Design Defects: Problems From the Start

A design defect means the product is inherently dangerous, even when manufactured perfectly according to specifications. These flaws affect every unit made. The key question in design defect cases is whether a reasonable alternative design would have prevented the injury without substantially impairing the product's utility.

Examples of design defects include:

• Electric blankets designed without automatic shutoff features that can overheat and cause fires
• Children's toys with small parts that create choking hazards
• Power tools lacking proper safety guards to prevent injuries
• Vehicle models with inherently unstable designs that increase rollover risk

Manufacturing Defects: Errors in Production

Manufacturing defects occur when the production process deviates from the intended design. While the product's design may be safe, errors during manufacturing create defective product hazards. Under Florida's strict liability laws, manufacturers are responsible for manufacturing defects regardless of how careful they were in production.

Common examples of manufacturing defects include:

• Food products contaminated during processing
• Pharmaceutical medications with incorrect ingredients
• Faulty wiring in electronics that creates fire hazards
• Missing or improperly installed safety components

Marketing Defects: Failure to Warn

Marketing defects involve inadequate warnings about product risks or unclear instructions for safe use. 

Florida law requires manufacturers to warn about:

• Known hazards associated with normal product use
• Risks from foreseeable misuse
• Proper usage instructions and safety precautions
• Potential interactions or contraindications for medications

The Manufacturer's Legal Obligations to Florida Consumers

Under Florida law, companies that design, manufacture, and sell products must meet strict safety standards throughout the product lifecycle. These obligations exist from the initial concept through post-sale monitoring and support.

Product Testing

Product testing plays a vital role in consumer safety. Manufacturers must conduct thorough safety testing under normal usage conditions, stress testing to identify potential failure points, environmental testing for products used outdoors, and durability testing to verify the expected product lifespan. This testing helps identify hazards before products reach consumers.

Quality Control

Quality control represents another crucial aspect of manufacturer liability. Florida law expects companies to maintain rigorous standards through regular equipment maintenance and calibration, batch testing and sampling procedures, component testing before assembly, and final product inspections. These measures help ensure consistency and safety across production runs.

Warning Labels

Warning labels must meet specific requirements, like the Florida Bedding Label Act. All product warnings must be clear, conspicuous, and written in terms consumers can understand. Labels must appear prominently on the product and include both English and Spanish text where appropriate for the market.

Product Recalls

When defective products are discovered, manufacturers have specific recall responsibilities. They must promptly notify consumers and retailers about the problem, provide clear instructions about the defect's nature and risks, offer appropriate repairs or replacements, and report serious defects to relevant regulatory authorities.

Florida Time Limits for Filing Your Product Liability Claim

Florida Statutes § 95.11(3)(e) establishes a four-year statute of limitations for product liability claims. However, exceptions exist under the "delayed discovery" doctrine if the defect isn't immediately apparent. 

The clock typically starts running when the injury occurs, you discover the defect, or you reasonably should have discovered the defect. You must file wrongful death cases within two years of the victim’s passing.

Steps to Take After a Product-Related Injury

It is vital to take steps to protect your legal rights after an injury caused by a defective product.

1. Document everything. Preserve the product exactly as it was, photograph any damage, and save all packaging and instructions. 
2. Seek immediate medical care. Keep records of all treatment and expenses. 
3. Gather contact information from any witnesses. Their testimony could prove invaluable in your defective product personal injury claim. 
4. Consult an experienced lawyer. Don't give statements to manufacturers or accept settlement offers without first speaking with a Florida product liability lawyer who can protect your interests.

Common Manufacturer Defenses in Florida Product Liability Cases

Manufacturers and their insurance companies often defend against liability by claiming:

• Product modification. The consumer altered the product after purchase, causing the injury.
• Product misuse. The consumer used the product in an unforeseeable or knowingly unsafe way.
• Assumption of risk. The consumer knew about the danger but used the product anyway.
• Comparative negligence. Under Florida Statutes § 768.81, recoverable damages may be reduced by the percentage of fault assigned to the consumer.

Types of Compensation Available in Product Liability Cases

When you’ve been injured due to defective products, manufacturer liability may allow for the recovery of various damages, including:

• Economic damages, like medical expenses, lost wages and earning capacity, property damage, and rehabilitation costs
• Non-economic damages, like pain and suffering, emotional distress, loss of enjoyment of life, and permanent disability or disfigurement
• Punitive damages may be available under Florida Statutes § 768.72 in cases of gross negligence or intentional misconduct

This can add up to hundreds of thousands of dollars in settlement or verdict. Don't let a manufacturer's negligence go unchallenged. Reach out to our experienced Florida product liability lawyers today.