Why the product is the case
In a defective-product claim, the product is the evidence. Experts examine it to show what failed and why. If it is gone — discarded, returned to the store, repaired, or “inspected” by the manufacturer and never returned — you can lose the ability to prove the defect at all. Losing or destroying key evidence is called spoliation, and it can cut hard against whoever let it happen.
What to preserve — and how
Keep the product itself, plus every related item: broken parts and fragments, the box and packaging, instruction manuals and warnings, the receipt or order confirmation, and the model and serial numbers. Store it somewhere safe and dry, change nothing, and photograph it from every angle right away. If a fire or appliance failure is involved, do not let anyone discard the remains before they are documented.
The three ways a product is “defective”
Florida recognizes three theories, and you generally do not have to prove the maker was careless — only that the product was unreasonably dangerous and caused your injury:
- Manufacturing defect — the item left the factory flawed, unlike others in the line.
- Design defect — the entire product line is unreasonably dangerous as designed.
- Failure to warn — the product lacked adequate warnings or instructions.
Our product-liability page walks through each in more detail.
Watch the deadlines — and the 12-year cutoff
Product-injury deadlines in Florida are short and, after the 2023 reforms, genuinely fact-specific — treat them as urgent. Separately, a hard outer limit applies: Florida’s 12-year statute of repose (Fla. Stat. § 95.031) bars most product claims twelve years after the product was first delivered, no matter when the injury happens.
Don’t let them “replace it” first
A common trap: the company offers to “replace the item” or asks you to “send it back so we can take a look.” That can quietly remove the most important evidence from your hands. Get advice before returning anything.
A former defense lawyer’s perspective
I spent years running product-liability defense for manufacturers, and a missing or altered product was often the best defense we had. Preserving it is the one early step that does the most to protect a legitimate claim.
Frequently asked questions
Should I keep the product that injured me?
Yes. It is usually the most important evidence. Keep the product, its parts, packaging, manuals, and receipt, store them safely, and photograph everything. Do not discard, return, or repair it.
What are the three types of product defect in Florida?
Manufacturing defects, design defects, and failure to warn. In a strict-liability claim you generally must show the product was unreasonably dangerous and caused your injury, not that the maker was careless.
What is spoliation of evidence?
It is the loss or destruction of key evidence. In a product case, throwing away, returning, or repairing the product can be spoliation and can seriously damage the claim.
How long do I have to file a product liability claim in Florida?
The filing deadline is short and fact-specific after the 2023 reforms, and a separate 12-year statute of repose (Fla. Stat. § 95.031) bars most claims twelve years after the product was first delivered.
Should I return the product to the manufacturer if they ask?
Not before getting advice. An offer to replace or inspect the product can remove the key evidence from your possession.
Talk to a former insurance-defense attorney
You'll speak with Emanuel Galimidi — 20 years on the insurance side, now on yours. The consultation is free, and there are no fees or costs unless you recover.
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