When you purchase a product, you expect it to be safe to use. Unfortunately, defective or dangerous products cause thousands of injuries and deaths each year. From faulty vehicle components and hazardous chemicals to defective household products and malfunctioning medical devices, unsafe products can cause serious harm to consumers.
At Fogg Law Group, we hold manufacturers, retailers, and distributors accountable when negligence leads to injuries or wrongful death. If you or a loved one suffered harm due to a defective product, you may be entitled to compensation.
What Is Product Liability?
Product liability refers to the legal responsibility of manufacturers and sellers when their products cause injury or death. If a product is dangerously designed, poorly manufactured, or lacks proper warnings, the company that made or sold it may be held liable for damages. Under Florida law, product liability claims fall into three categories:
- Defective Design – A product is inherently unsafe due to a flaw in its design.
- Manufacturing Defect – A product is made incorrectly, making it dangerous to use.
- Failure to Warn – The company failed to provide proper warnings or instructions, leading to misuse and injury.
Types of Product Defects That Cause Injuries
- Defective Design: The entire product line is dangerous. Examples include:
- SUVs prone to rollovers
- Fire-prone lithium-ion batteries
- Dangerous children’s toys with choking hazards
- Manufacturing Defect: A problem occurs during production, making certain units unsafe. Examples include:
- Car brakes that fail due to faulty assembly
- Contaminated food or pharmaceuticals
- Cracked bicycle helmets that fail in accidents
- Failure to Warn: The product lacks proper safety instructions or hazard warnings. Examples include:
- Prescription drugs missing warnings about side effects
- Power tools without proper safety instructions
- Cleaning chemicals lacking hazard labels
Who Can Be Held Liable in a Product Liability Case?
Multiple parties may be responsible for a dangerous or defective product. Liability depends on where the defect occurred in the supply chain.
Manufacturers: Responsible for designing and producing safe products and can be liable for defective designs, faulty assembly, or improper testing.
- Distributors & Wholesalers: Can be held accountable if they sell a defective product knowing it is dangerous.
- Retailers: Stores that sell defective products may be liable, even if they didn’t manufacture them.
- Third-Party Testing Companies: If a safety testing company approves a dangerous product, they may share liability.
Examples of Dangerous Products That Cause Injuries
- Defective Vehicles & Auto Parts: Brake failures, tire blowouts, airbag malfunctions
- Hazardous Household Products: Fire-prone appliances, toxic cleaning chemicals
- Unsafe Toys & Baby Products: Choking hazards, defective cribs, flammable clothing
- Dangerous Prescription Drugs: Medications that cause serious side effects
- Defective Medical Devices: Faulty pacemakers, hip implants, or surgical tools
How to Prove a Product Liability Claim
To hold a company legally responsible, we must prove:
- The product was defective (design, manufacturing, or failure to warn)
- You used the product as intended
- The defect caused injury or death
- The manufacturer, distributor, or retailer is responsible
Our firm works with engineering experts, product safety analysts, and medical professionals to build a strong case.
Compensation for Product Liability Claims
Victims of defective products may be entitled to damages, including:
- Medical Expenses: Hospital bills, surgeries, rehabilitation, and future medical care
- Lost Wages: Compensation for time missed at work
- Pain and Suffering: Emotional distress and reduced quality of life
- Property Damage: Repairs or replacement costs for damaged vehicles or belongings
- Wrongful Death: Funeral costs and loss of financial support for families
- Punitive Damages: If a company knowingly sold a dangerous product, additional damages may be awarded to punish reckless behavior
Florida Statute of Limitations for Product Liability Cases
- Under Florida law, the deadline to file a product liability lawsuit is:
- Two years from the date of injury (Florida Statutes § 95.11)
- Two years for wrongful death claims if a defective product caused a fatality
- 12 years after the product was first sold (statute of repose), unless fraud or concealment is involved
If you miss these deadlines, you may lose your right to compensation.
Frequently Asked Questions
- Do I need to prove the manufacturer was negligent? Not always. Florida follows strict liability laws, meaning that if a product is defective, the manufacturer is responsible, even if they weren’t negligent.
- What if I was injured while using the product incorrectly? If a product lacks proper warnings or instructions, the manufacturer may still be liable, even if it was used in an unintended way.
Can I file a lawsuit if the product was recalled? Yes. A recall does not protect a company from liability—it may actually strengthen your case. - What if I no longer have the defective product? If you were injured, you can still file a claim. Photos, medical records, and witness statements can help prove your case.
- How much does it cost to hire a product liability lawyer? We work on a contingency fee basis—you pay nothing unless we win your case.
Contact Fogg Law Group for a Free Consultation
If you or a loved one suffered injuries due to a dangerous or defective product, we will fight to secure full compensation for your losses. Call 1-561-616-3000 or contact us online for a free consultation.