How Do You File a Product Liability Lawsuit in Florida

 Posted on September 15, 2023 in Personal Injury

If you have suffered an injury in Florida caused by a defective product, you may have a valid claim against the manufacturer or seller. Here is what you need to know about pursuing compensation through a product liability lawsuit with a Florida personal injury lawyer.

Proving the Elements of Your Claim

To successfully file a defective product suit in Florida, three key elements must be established:

• Defect - The product contained a defect when sold that caused it to be unreasonably dangerous. This includes manufacturing flaws, design defects, and inadequate safety warnings. Evidence from experts is often required to demonstrate the product was defective.
• Causation - The defective product directly caused injury or damages. Medical records, testimony from doctors, and accident reports can help prove the defect that led to your injury.
• Damages - You must have suffered physical, financial, or emotional harm due to the defective product. Bills, receipts, and records of lost income help show the extent of damages experienced.

Time Limits for Filing Your Lawsuit

Under Florida statute 95.11, you typically have four years from the exact day of injury to file a product liability lawsuit. This time limit can be extended in certain cases, such as discovery of the defect at a later date. An experienced attorney can request an extension if warranted.

Potential Defendants

Florida law allows claims against manufacturers, distributors, retailers, and sometimes parties involved in marketing defective products. An attorney will determine all entities that may share liability.

Compensation Available

If successful, a Florida product liability claim can result in compensation for medical costs, lost income and benefits, pain and suffering, loss of enjoyment of life, and other damages directly caused by the defective product. Punitive damages may also be awarded in cases of gross negligence.

Steps to Take

To start your defective product claim, contact a Florida product liability attorney as soon as possible. Key steps include:

• Preserving evidence of the defective product
• Conducting a thorough investigation
• Evaluating potential venues for the claim
• Calculating full damages

File Your Lawsuit With a Fort Lauderdale Personal Injury Attorney

Working with a Florida personal injury lawyer can help you navigate your case easier. It can be traumatizing to deal with a defective product injury. Call The Law Offices of John D. Ameen, P.A. at 800-555-4011 to get started with a free, no-obligation consultation. There are no fees when you work with us if we don’t recover any damages.