Serving all of Florida
Florida Product Liability Lawyer
For nearly two decades, I defended manufacturers in cases against people like you. I even led a team of lawyers who defended product cases. I've seen from the inside how these companies fight your claim. Now I only work to beat those defenses.
— Emanuel Galimidi, former product-liability defense attorney
Main Office Miami · In person or by video, anywhere in Florida
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 means it left the factory flawed. A design defect means the whole product line is unreasonably dangerous. A failure to warn means it came with no proper warning or instructions. Under Florida's strict liability rule for products, you usually do not have to prove the maker was careless. You only have to show the product was defective and unreasonably dangerous, and that it caused your injury. You can also bring claims for carelessness (negligence) and for a broken warranty.
Deadlines are short, and they depend on the facts of your case. Product claims have traditionally had a four-year deadline, which may not start until you discover the injury. But the 2023 law changes may cut carelessness-based claims to two years. Wrongful death claims are two years. So treat the deadline as short. There is also a separate hard cutoff: Florida's 12-year 'statute of repose' (§ 95.031). It ends most claims 12 years after the product was first delivered, no matter when you are hurt.
If you were partly at fault, your payment is cut by your share. If you were more than 50% at fault, you get nothing (§ 768.81). One thing matters above all else: keep the product. It is the most important evidence in the case.
Florida defective-product claim — the facts that matter
- Filing deadline
- Short, and depends on the facts — traditionally 4 yrs; wrongful death 2 yrs
- 12-year repose cutoff
- Most claims barred 12 yrs after the product was first sold (§ 95.031)
- Three defect types
- Manufacturing defect · design defect · failure to warn
- Save the product
- Keep it as-is. Don't repair it, and don't let it out of your hands.
What they do
How manufacturers defend a defective-product claim
I raised these defenses myself. Knowing they’re coming is how you take them apart.
Blame you, not the product
They argue you misused the product, ignored a warning, or changed it. They do this to shift the blame onto you, because if they push your share past 50%, your whole claim is gone.
Make the evidence disappear
They want to examine the product on their terms. And if the product has been thrown out, returned, or repaired, that becomes their best defense.
“State of the art”
They argue the design met industry standards, or that a safer design was not practical or cost too much. That is their standard play against a design defect claim.
After a product injury
What to do first — before the evidence is gone
Keep the product — don’t throw it out
Keep the product, its parts, packaging, manuals and receipt. Don't throw it out, return it, repair it, or let anyone inspect it first.
Get medical care
See a doctor right away. It treats your injury, and it creates a record that ties your injury to the product.
Document everything
Photograph the product, the defect, and your injuries; save the box, labels and serial number.
Call before you return it
A maker's offer to 'replace it' or 'take it back' can quietly destroy your evidence. Get advice first.
Florida law
The rules that decide a Florida product case
Three ways a product is defective
Florida's strict liability rule covers manufacturing defects, design defects, and failure to warn. You generally don't have to prove the maker was careless. You only have to show the product was unreasonably dangerous and caused your injury.
A short, contested deadline
Whether you get the old four-year deadline or the two-year deadline from the 2023 law can depend on how the claim is written up in court. That's a reason to have me look at it now, not in year three.
The 12-year repose cutoff
Separate from the deadline above, § 95.031 ends most product claims 12 years after the product was first delivered, no matter when you're hurt. There are narrow exceptions when the maker hid the danger, or when the injury doesn't show up until later.
Who can be liable
Anyone in the chain that put the product in your hands: the manufacturer, the maker of a part, the distributor, and sometimes the store that sold it.
Related pages: Why a former insurance-defense attorney · Car accidents
The edge
Manufacturers trained me in their defense. You get the benefit now.
I know how manufacturers investigate these cases, how they value them, and every defense they’ll raise. For most of my career, I was the one raising them. Now that knowledge works for you.
Meet Emanuel Galimidi →Client reviews
What clients say
“He stood firmly by my side with expert guidance and genuine encouragement. We won the case — and his integrity and trustworthiness impressed me most.”
— Domineque Martindale · Google“Thanks to your expertise and dedication, we were able to reach a positive resolution. Your compassion, dedication, and passion to protect the best interests of your clients make you the best attorney with high ethical standards of justice and honesty.”
— Milena · Google“He went through all the finest details and what our various endpoints would be along with a solid strategy. I really don’t know what I would have done if it weren’t for Galimidi Law.”
— Meera Kesavan · Google“From the beginning, I felt supported and well-informed. Emanuel was responsive, communicated clearly, and made sure every detail was handled properly. Thanks to his dedication, I received fair compensation for my injuries, and I couldn’t be happier with the outcome.”
— Armando Barreto · GoogleIndividual results; outcomes vary by case. Reviews are from the firm’s Google and Avvo profiles.
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 (one where you don't have to prove carelessness), you only need to show the product was defective and unreasonably dangerous, and that it caused your injury. A free case 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 it depends on the facts of your case. Product claims have traditionally had a four-year deadline, which may not start until you discover the injury. But Florida's 2023 law changes may cut carelessness-based claims to two years. Wrongful death claims are two years. There is also a separate 12-year cutoff law (a 'statute of repose'). The rules are tricky, and missing a deadline ends the case. So talk to a lawyer right away.
What is Florida's statute of repose for products?
A statute of repose is a hard cutoff. Separate from the filing deadline, Florida Statute 95.031 ends most product claims 12 years after the product was first delivered to its first buyer, no matter when the injury happens. There are narrow exceptions when the maker hid the danger on purpose, and for injuries that don't appear until later. Certain aircraft, large ships, and railroad equipment have 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 to inspect first. Keep the product, its parts, packaging, manuals and receipt in a safe, dry place, and take photos of everything.
Who can be held responsible for a defective product?
Anyone in the chain that put the product in your hands can be made to pay: the manufacturer, the maker of a defective part, the distributor, and in some cases the store that sold it.
How much does a product liability lawyer cost?
You pay nothing up front. My fee comes out of the money I get for you (this is called a contingency fee). The case review is free, and you pay no attorney fees or costs unless the firm wins money for you.
Tell me what happened. The case review is free.
You'll talk to me, a senior attorney who spent nearly two decades working for the insurance companies. Not a case manager. No fees or costs unless we recover for you.
Call 786-442-2873