Reviewed by Emanuel Galimidi, Esq. — former insurance-defense attorney · Last updated September 2026
Do I have a Florida product liability case — and how long do I have to file?
In Florida a product can be legally defective in three ways: a manufacturing defect (it left the factory flawed), a design defect (the whole line is unreasonably dangerous), or a failure to warn (no adequate warning or instructions). Under Florida strict products liability you generally do not have to prove the maker was careless — only that the product was defective and unreasonably dangerous and that it caused your injury; you can also bring negligence and breach-of-warranty claims. Deadlines are short and fact-specific: product claims have traditionally carried a four-year limitations period (with a discovery rule), but the 2023 tort reform may shorten negligence-based claims to two years, and wrongful-death claims are two years — so treat the deadline as short. A separate hard cutoff, Florida's 12-year statute of repose (§ 95.031), bars most claims 12 years after the product was first delivered, no matter when you are hurt. Your recovery is reduced by your share of fault and barred only if you are more than 50% at fault (§ 768.81). One thing matters above all else: keep the product — it is the most important evidence in the case.
Questions people ask
Florida product liability FAQ
Do I have a product liability case in Florida?
Possibly. Florida recognizes three kinds of defect — a manufacturing defect, a design defect, and a failure to warn. In a strict-liability claim you generally don't have to prove the maker was careless, only that the product was defective and unreasonably dangerous and that it caused your injury. A free review can tell you whether you have a claim.
How long do I have to file a product liability claim?
The deadline is short and fact-specific. Product claims have traditionally carried a four-year limitations period (with a discovery rule), but Florida's 2023 tort reform may shorten negligence-based claims to two years, and wrongful-death claims are two years. There is also a separate 12-year statute of repose. Because the rules are nuanced and missing a deadline ends the case, talk to a lawyer right away.
What is Florida's statute of repose for products?
Separate from the filing deadline, Florida Statute 95.031 bars most product claims 12 years after the product was first delivered to its first purchaser — regardless of when the injury happens. Narrow exceptions exist for fraudulent concealment and for injuries that don't appear until later. Certain aircraft, large vessels, and railroad equipment carry a 20-year period.
Should I keep the product that injured me?
Yes — it's usually the single most important piece of evidence. Don't throw it away, return it, repair it, or let the manufacturer take it for inspection first. Keep the product, its parts, packaging, manuals and receipt in a safe, dry place, and photograph everything.
Who can be held responsible for a defective product?
Anyone in the chain that put the product in your hands can be liable — the manufacturer, a maker of a defective component, the distributor, and in some cases the retailer that sold it.
How much does a product liability lawyer cost?
The firm works on a contingency fee. The consultation is free and you pay no attorney fees or costs unless the firm recovers money for you.
