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What is the statute of limitations for defective products in Florida? Injuries caused by defective products are usually the cause of product liability claims in Florida. In 2023, the Florida legislature passed a bill that was signed into law by the Governor that reduced the statute of limitations from 4 years to 2 years. Most people have two years after an accident to file a lawsuit.
The legal circumstances surrounding an accident can affect the time limit for filing a product liability claim. Contact our team at W. Lee Clark & Associates to learn more about your specific case.
What Is the Statute of Limitations for Product Liability in Florida?
Florida allows you to file a lawsuit within two years for most product liability cases. Florida Statutes SS95.11 is the statute of limitations in these cases.
If you suffer an injury due to a defective product, you will have two years to file your lawsuit. You lose your legal rights to compensation if you exceed this deadline.
Does Florida Have a Separate Statute of Limitations for Wrongful Death Claims?
Florida’s statute of limitations on product liability claims is two years. You only have two years to file a lawsuit if you or a loved one died due to a defective item.
You can see that the Florida statute of limitations on defective products can be different. We will provide you with information on the time limit you have for moving forward in your case.
When does the Statute of Limitations Start Counting Down?
The clock for product liability claims start to run at the time of your injury.
You may not even notice the injury immediately. In such cases, the statute-of-limitations period may begin counting only when you notice your injury.
In Florida, your two-year window to file a lawsuit begins when you learn that the product you purchased is defective. If you wait too long, your compensation may be severely reduced. Contact a property liability lawyer immediately for help.
Is There a Statute of Repose for Florida Product Liability Claims?
Florida also has a statute for repose in product liability cases. This statute limits your time to file a suit for a defective products accident, no matter when the accident occurred.
In Florida, the time limit to file a claim for product liability is 12 years. This starts from the date of purchase of the product.
Let’s say, for example, that your mother purchased an iron in 2010. She used it for a couple of years before she gave it to you. Later, you discovered that it was defective. The statute of repose on the iron expires in 2022 and any injury claims occurring after that are barred.
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Who Is Liable if a Product Is Defective?
After an accident, it is important to address other legal issues. If you’re looking to receive compensation, it’s important to concentrate on the liability of this type of accident.
To build a claim for product liability, attorneys generally show:
- A defective product was created by a manufacturer and then sold
- The product failed while you were using it in an acceptable way
- Your injuries were caused by a product malfunction
Defects can be found in the construction or design of a product. A failure to warn can lead to some product defects. This means that the manufacturer has failed to inform potential customers of known risks.
What Compensation Can You Get for a Defective Product Accident?
In Florida, defective products can lead to serious injuries. After a defective products accident, filing a product liability lawsuit can help you receive financial compensation. Lawyers handling your claim can bring you compensation for:
- Healthcare expenses – current and future
- You may lose wages if you are forced to leave work for a period of time during your recovery.
- You’re suffering from mental distress, pain and anguish
After a product defect accident, not everyone will receive the same compensation. You may receive different amounts of compensation depending on the severity and amount of medical treatment you need.
After a defective product has injured you, an attorney can help you file a claim against the manufacturer’s insurer. This step can help you settle your claim without going to court.
In some cases, you can also file a lawsuit. Our team will review your case to determine the best course of action for you after an injury.
Contact Us to Learn More About Florida Statute of Limitations
W. Lee Clark & Associates can help you learn more about Florida’s statute of limitations on defective products. Our product liability attorneys can help you file a claim in time. Call us today or complete our online contact form to learn more.
