Were you harmed by a dangerous or defective product? From malfunctioning appliances and contaminated food to faulty auto parts and everything in between, defective products can seriously injure consumers and disrupt their lives in unexpected ways.
Product liability cases often involve large corporations and confusing laws, but you don’t have to face this legal battle all by yourself. Instead, let a product liability lawyer in Miami Gardens help you stand up to those responsible for the incident in the first place.
At Blakeley Law Firm, we’ve recovered over $250 million in compensation for our clients. With more than 40 years of combined experience, our team has seen the damage unsafe products can cause, and we have what it takes to represent you as your Miami Gardens personal injury lawyer.
Overview of Florida’s Product Liability Laws
Florida law allows injured consumers to pursue compensation for injuries caused by defective products under several legal theories. These are the primary examples:
- Strict liability: Plaintiffs do not have to prove negligence. Their Miami Gardens product liability lawyers must only show that the product was defective and caused their client’s injuries despite being used as intended.
- Negligence: With the help of their product liability attorney in Miami Gardens, plaintiffs must prove that the defendant breached a duty of care in terms of the design or marketing of the product.
- Breach of warranty: This involves failure to fulfill promises about a product’s quality or safety, including express and implied warranties.
Florida follows a modified comparative negligence standard. This means that even if the plaintiff is partially at fault for their injuries, they can still recover damages. However, their compensation will be reduced based on their percentage of fault.
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Elements Required to Prove a Product Liability Case
To bring a successful product liability claim in Florida, your Miami Gardens product liability attorneys must establish the following elements:
- The product was defective: This must be proven through one of the defect categories.
- The defect caused your injury: There must be a direct link between the product’s condition and the injuries that the victim sustained.
- The product was being used as intended: Florida state laws typically require that the product was used in a foreseeable way.
- The product was not substantially altered: If the plaintiff made modifications that changed the product’s performance, it could impact liability.
Statute of Limitations for Product Liability in Florida
As outlined in Florida Statutes § 95.11, the statute of limitations for product liability cases in Florida is generally two years from the date that the victim sustained their injuries.
There is also a statute of repose in Florida. This means that claims must be brought within 12 years of the product’s delivery to its first purchaser, regardless of when the injury occurs. This limits the liability of manufacturers for older products unless fraud or concealment is involved.
Damages Available in Product Liability Lawsuits
Florida allows plaintiffs in product liability cases to pursue several types of damages, such as:
- Economic damages, including medical bills, lost wages, and future medical costs
- Non-economic damages, like pain and suffering or emotional distress
- Punitive damages in cases involving gross negligence or intentional misconduct
Though rare, punitive damages may be awarded in certain cases. Florida caps these at three times the amount of compensatory damages or $500,000, whichever is greater, though this is subject to certain exceptions.
The total amount of compensation that is recoverable depends on the severity of the injuries and the product’s role in causing harm. Your product liability lawyers in Miami Gardens can help you understand what you can recover and how to pursue damages in your case.
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Comparative Negligence in Florida Product Cases
Florida’s modified comparative negligence rule means that an injured party can still recover damages even if they are partly at fault for their own injuries. This legal framework ensures that partial fault doesn’t entirely bar recovery, though it does reduce the amount based on shared responsibility.
Contact Our Product Liability Attorneys in Miami Gardens For More Information About How We Can Help You
Dangerous or defective products should never make it into the hands of consumers. However, there are times when they do, and the consequences can be life-altering. Even the smallest of mistakes in the manufacturing or design process can cause serious harm.
If this happened to you, you have legal options, and you deserve answers. At Blakeley Law Firm, our Miami Gardens product liability attorneys are dedicated to helping injured consumers like you hold companies accountable for the pain that their oversight caused.
We have the experience, resources, and drive it takes to hold large corporations accountable and negotiate with insurance companies that try to evade taking responsibility. Don’t let a defective product define your future. We’re here to help.
