What is the statute of limitations for defective products in Florida? Injuries caused by defective products generally lead to product liability claims in our state. In many cases, individuals have about two years to file an insurance claim after their accident for these claims.
However, legal factors surrounding an accident may change the amount of time you have to file a product liability case. You can find out more about the specifics of your case by contacting our team at Viles & Beckman, LLC.
What Is the Statute of Limitations for Product Liability in Florida?
Florida gives you two years to move forward with a claim in most product liability claims. Florida Statutes § 95.11 contains the regulations for the statute of limitations in these cases.
This statute of limitations means that if you experience an injury caused by a defective product in December 2022, you have until December 2026 to move forward with your insurance claim. If you go past this time limit, you lose some of your legal options to secure compensation.
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Does Florida Have a Separate Statute of Limitations for Wrongful Death Claims?
Florida’s two-year statute of limitations for product liability claims generally only applies to accidents that cause injuries. If you lost a loved one due to a defective product, you might only have two years to move forward with a claim.
As you can see, the statute of limitations for defective products in Florida can vary. We provide information about the specific amount of time you have to move forward with your case and compassionately address your feelings if you lose a family member.
When does the Statute of Limitations Start Counting Down?
The statute of limitations for product liability claims may start counting down at several points. If you have an accident that obviously leads to an accident, you can expect the clock to begin running at the time of the accident.
In other cases, you may not notice an injury right away. In these situations, the statute of limitations period does not begin counting down until you discover your injury.
In Florida, you usually only have two years from the time you discover that you bought a defective product to move forward with your claim. Waiting too long can severely limit your compensation, so reach out to a property liability attorney quickly for assistance.
Is There a Statute of Repose for Florida Product Liability Claims?
In addition to the statute of limitations, Florida has a statute of repose for product liability cases. This statute limits the amount of time you have to file a lawsuit for a defective product accident, regardless of when your accident occurs.
In Florida, you only have 12 years from when the product was first purchased to file a product liability claim. Note that this time limit does not start from the time you buy the product, simply the first time someone brought the product.
For example, let’s say your mother bought an iron in 2010. She used the iron for a few years before giving it to you. You later discovered it had a severe defect. However, the statute of repose for the iron ran out in 2022, preventing you from filing a claim.
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Who Is Liable if a Product Is Defective?
While it’s essential to consider the statute of limitations for defective products in Florida, you have other legal issues to handle after an accident. It’s critical to focus on liability after this kind of accident if you want to secure compensation.
Generally, Florida uses strict liability laws to handle product liability claims. In this situation, strict liability means that the product manufacturer may have to compensate you even if they did not intentionally create a defective product.
In order to build a product liability claim, lawyers generally take steps to show that:
- A manufacturer created and sold a defective product
- The product malfunctioned while you used it in a reasonable way
- The product’s malfunction caused your injuries
Issues with defects can occur during the design or construction of a product. Some product defects involve a failure to warn, meaning that the product has known risks that the manufacturer failed to detail for potential consumers.
What Compensation Can You Get for a Defective Product Accident?
Defective products can cause severe injuries in Florida. Filing a product liability claim can help you secure financial compensation to move forward after a defective product accident. In many cases, lawyers handling your claim bring you compensation to cover:
- Current and future healthcare expenses
- Lost wages if you have to take off work during your recovery
- Your pain, suffering, and mental anguish
Not everyone receives the same amount of compensation after a defective product accident. The funds you receive may vary based on the severity of the accident and the amount of medical care you require.
A lawyer may help you file a claim with the manufacturer’s insurance company after a defective product hurts you. Taking this step before the statute of limitations expires can settle your claim out of court.
You also have the option to file a lawsuit in some cases. Our team can review your situation to help you decide on a course of action after your injury.
Speak to Us About the Statute of Limitations in Florida
You can learn more about the statute of limitations for defective products in Florida with our team at Viles and Beckman, LLC. Our product liability lawyers can help you build a claim before you run out of time. Find out more by calling us or filling out our online contact form.