Serving all of Florida
Florida Product Liability Lawyer
Miami-Dade, Broward & statewide
For more than 20 years, manufacturers hired me to defend product cases — I led their product-liability defense group. I know exactly how these claims are defended, and where they break. Now I'm on the other side of them.
— Emanuel Galimidi, former product-liability defense attorney
Main office in downtown Miami · Consultations across Florida by phone or video
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.
Florida defective-product claim — the facts that matter
- Filing deadline
- Short & fact-specific — 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 the product, parts & packaging — don't discard, return, or repair it
What they do
How manufacturers defend a defective-product claim
I spent two decades raising these defenses for manufacturers. 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 modified it — shifting fault onto you, because pushing your share over 50% defeats the whole claim.
Make the evidence disappear
They want the product examined on their terms — and a product that's been discarded, returned, or repaired becomes their best defense.
“State of the art”
They argue the design met industry standards, or that a safer design was impractical or too costly — the standard play to defeat a design-defect claim.
After a product injury
What to do first — before the evidence is gone
Preserve the product
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 promptly — it treats your injury and ties it 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 strict liability covers manufacturing defects, design defects, and failure to warn. You generally don't have to prove carelessness — only that the product was unreasonably dangerous and caused your injury.
A short, contested deadline
Product claims traditionally had a 4-year limit (with a discovery rule), but the 2023 tort reform may shorten negligence-based claims to 2 years; wrongful death is 2 years. Treat it as short.
The 12-year repose cutoff
Separate from the deadline above, § 95.031 bars most product claims 12 years after the product was first delivered — no matter when you're hurt (narrow exceptions for concealment and latent injury).
Who can be liable
Anyone in the chain that put the product in your hands — the manufacturer, a component maker, the distributor, and sometimes the retailer.
Related pages: Why a former insurance-defense attorney · Car accidents
The edge
I ran the defense manufacturers count on.
For two decades, manufacturers and their insurers hired me to defeat product-liability claims — I led a product-liability defense practice group. I know how they investigate these cases, how they value them, and every defense they'll raise, because I built them. Now that knowledge works for you.
Meet Emanuel Galimidi →Client reviews
What clients say
“Mr. Galimidi took on my case after I totaled my car in an accident. He always got back to me the same day with answers and updates. I highly recommend him.”
— Jacqueline Earls · Google“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“Simply the best of the best. So honest, and always reachable — he gives you all the advice and all the angles, then uses his knowledge for your best outcome.”
— Eden Alush · Google“His long experience working for the other side — the insurance companies — is absolutely invaluable when negotiating a payout.”
— Victor · AvvoIndividual results; outcomes vary by case. Reviews are from the firm’s Google and Avvo profiles.
Questions people ask
Miami 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.
Tell me what happened. The consultation is free.
You'll talk to a senior attorney who spent 20 years on the other side — not a case manager. No fees or costs unless you recover.
Call 786-442-2873