Get A Free


Call Now

Find Out What YourInjury Claim Is Worth!


Type of accident you were in?

Preferred language?

How Bad is Your Car Damage?

When did the accident happen?

How severely injured you were?

We've matched you with the most suitable attorney in your area!

What's the best way for our team to contact you?


Thank You!

Thank you for submitting your information!

If you'd like to talk to an agent now, see phone number below.

Prefer to speak to an agent? Call 888-345-0317
Request Consulation

Product Liability Lawyer Miami

There is a certain level of trust that we, as consumers, place in product manufacturers. We trust them to make products that are at least relatively safe, and we certainly demand products that are not dangerous by design. After all, we place tools, toys, and machines in the hands of our children, spouses, and other family members every day. Since you expect a product maker to conduct business in an ethical manner, you would be truly shocked at just how many product-related deaths and injuries occur each year. For example, according to the United States Consumer Product Safety Commission (CPSC), there were 113,272 emergency department-treated injuries in the United States from 2003 to 2013. 90% of these injuries were sustained while using moon bounces, and 61% of the estimated injuries from 2011 to 2013 were sustained by children ages 4 to 15.

While some of these injuries are expected, other product-related injuries are not. In 2017, the CPSC estimates that there were 13 toy-related deaths nationwide all of which involved children under the age of 12. Moreover, the CPSC indicated that there were 251,700 toy-related injuries that were treated in hospital emergency departments nationwide during the same time period. Although it is true that faulty products are not responsible for all product-related injuries or fatalities in our country, there are a large percentage of them that are caused by a dangerous product design or defect. In fact, the Florida Office of the State Courts Administrator has indicated that 1,234 product liability cases reached a disposition in circuit courts across the state of Florida during the 2016-17 fiscal year. As such, there a few aspects of Florida’s product liability laws that you should be aware of if you are ever involved in a product-related accident.

Logo of 1800 Injured

Free Case Evaluation

Florida Product Liability Laws

Fla.Stat.§768.81(d) defines a product liability action as a civil action based upon a theory of strict liability, negligence, breach of warranty, nuisance, or similar theories for damages caused by the manufacture, construction, design, formulation, installation, preparation, or assembly of a product. This statute specifically demonstrates just how many different forms a product liability case can take. There is often a misconception that a defective product must be the sole cause of a person’s injury or death, but this is an inaccurate understanding of what a defective product truly is from a legal perspective.

The Florida Supreme Court defines a design defect as a product with a condition that is unreasonably dangerous to the user, and the product is expected to and does reach the user without a substantial change affecting that condition. The Supreme Court elaborates on this definition by defining a unreasonably dangerous product due to a design defect as a product that meets one or both of the following criteria:

  • The product fails to perform as safely as an ordinary consumer would expect when used as intended or when used in a manner reasonably foreseeable by the manufacturer
  • The risk of danger in the design outweighs the benefits

When is a Product Considered Defective?

So, in light of this information, it is easy to see how a product could be designed in a faulty manner that caused your injuries to be more severe than they would have been had it not been for the defect, but keep in mind, the definition of a defect will change depending on what type of product liability claim you are bringing. There are five common categories of product liability claims that are typically initiated in Florida:

Logo of 1800 Injured

Free Case Evaluation

  • Manufacturing Defect
  • Design Defect
  • Negligence
  • Warranty Violations
  • Failure to Warn

Each category of product liability claims has its own unique definitions regarding the different types of defects a product can have, or the behavior on the part of the product manufacturer that could make them liable for injuries sustained by a consumer due to a faulty product the manufacturer sold or created.

Statute of Limitations for Product Liability Claims in FL

Generally, legal cases become harder to initiate and defend as more time passes from the point when the plaintiff has gained the right to initiate a claim. As such, the Florida legislature has placed time limits on when a plaintiff can initiate a civil action. These time limits are known as a statute of limitations, and once a statute of limitations has expired, you are legally barred from initiating your claim in most cases. The statute of limitations for product liability claims alleging negligence is established under Fla.Stat.§95.11(3)(a), which states that you have four years from the date that your right to bring an action accrues to initiate your case in an action alleging negligence.

Product liability claims that allege a product manufacturing or design defect also fall under a four year statute of limitations established by Fla.Stat.§95.11(3)(e), which states that an action for injury to a person founded on the design, manufacture, distribution, or sale of personal property that is not permanently incorporated in an improvement to real property must be initiated within four years from the date that your right to bring the action accrues.

Damages in Product Liability Claims

The types of damages you can seek in a product liability claim fall into two categories, compensatory and punitive damages. Pursuant to Fla.Stat.§768.62(2) punitive damages can only be awarded in cases where the trier of fact, the judge or jury, has found the defendant to be guilty of intentional misconduct or gross negligence. Thus, punitive damages are typically only awarded in the most severe product liability cases. By contrast, compensatory damages is the category of damages that are normally awarded in most civil cases, and they can be divided into two subcategories, economic and non-economic compensatory damages.

Economic damages are awarded to compensate you for things such as: medical bills, lost wages, and future medical expenses. Economic damages can usually be projected with a certain amount of accuracy, because they are based on evidence such as medical billing statements, pay stubs, and testimony from your physicians on your need for future medical care. Non-economic damages, however, fall under a very different standard, because the judge or jury is trying to determine how your accident affected you from an emotional standpoint by trying to see the effects of your injuries from your perspective. Non-economic damages compensate you for things such as pain and suffering, mental anguish, and loss of enjoyment of life.

Should I Hire a Product Liability Attorney in Miami?

Product liability claims can be extremely complex and adversarial, which is why hiring a product liability attorney to represent you is such an important decision. 1800-Injured is a medical and lawyer referral service that connects defective product accident victims with product liability lawyers in the Miami area. Don’t let a company’s negligence ruin your life. Call 1800-Injured today.

Product Liability in Surrounding Areas?

Logo of 1800 Injured

Free Case Evaluation

Picture of Paola Tangarife
Paola Tangarife

En el accidente que tuve el año pasado... contacte 1800- Injured, la atencion fue inmediata.. el personal del centro medico excelente, cuando necesitaba transporte me mandaban recoger. He quedado muy contenta con el servicio y sobre todo con la compensacion q el abogado me consiguio...Los recomiendo 100%

Picture of Diana Hernandez
Diana Hernandez

Excellent service, amazing team! Thank you for making this process easy. Specially thank you for Caring ... definitely super recommended!

Picture of anonymous
Edner Blaise

Great staff and company, help me out when I didn't have clue what to do. Help me get to my therapy and doctor appointments on time. Always kept me updated and actually show concern. I lost my job and all threw the accident but 1800 Injured help me overcome and I found me another job in no time.Even doe I was in a accident 1800 Injured was a blessing and help start a new path. I really appreciate the help and the work they did on my case. I will forever be greatfull and appreciate what they have done. If you ever in a accident they are the only people I recommend!!! 1-800 -Injured

Picture of anonymous
John O.

These guys have helped me to the fullest. I highly recommend these guys to anyone who needs help after being in an accident. Thank you 1-800 injured.

Picture of anonymous
Robert Guerrero

1-800-Injured is the best company by far in the whole state of Florida for all your accident needs. Amazing company, They are truly very unique in their own special way and have tremendous customer service. Best company out there, hands-down. I highly recommend 1-800-Injured.

Picture of anonymous
Leo Machado

I had a case with 1800 injured and they were very helpful, very professional, and friendly. Always answered all my questions. Even thought being in a accident is a horrible experience, they made it super easy for me.

Picture of anonymous
Jose Balboa

I was injured while on my bike. I was hit by a car and broke my arm. It was my first accident and I didn’t know what to do. I called Them and their team helped me through everything from finding medical attention to getting therapy for my arm. If you ever need someone to help you through any accident I recommend 1-800 Injured over anyone else! Thank you guys for all your help!

Picture of anonymous
Janeth Zapata

Excellent service and customer care. Good medical services. I will recommend them million times. They help us and answer all our questions timely.

Picture of anonymous
Cynthia Palomino

A car accident can be the most stressful time for anyone. The best thing I could've done was call 1800 injured. They take care you from beginning to end. They handle all of the work of going through the claim process and making sure you get the medical treatment you need. Working with their lawyer was very helpful during this time. You won't regret it.

Picture of anonymous
Cynthia Palomino

A car accident can be the most stressful time for anyone. The best thing I could've done was call 1800 injured. They take care you from beginning to end. They handle all of the work of going through the claim process and making sure you get the medical treatment you need. Working with their lawyer was very helpful during this time. You won't regret it.

Picture of Monch Star
Monch Star

Great staff, Got into in accident and called them and they had my back all the way.

Picture of anonymous
Pamela Skordilis

Thank you so much 1800Injured for helping me through such a difficult time after a very painful slip and fall. Because of the amazing medical treatment I received I had such a speedy recovery feeling as good as brand new. I highly recommend 1800injured for anybody involved in any type of life got so much easier with the help and guidance from the best attorney who never missed a call or text or left any question unanswered.

Picture of anonymous
Adela Palomino

The team came together to assist me in everything possible. They handled my case in a professional matter knowing that time is sensative on each case. Highly recommend 1-800-Injured.

Picture of anonymous
Juan Castroman

Great service, Paola is very nice.. very helpful! Will recommend to friends and family for sure!

Picture of anonymous
Jardine Lewis

I must say that working with 1800-Injured was seamless during a stressful period. Both myself and my wife got into auto accidents within two months of each other and the service received ion both cases from this company is seciond to none. We felt completely at ease from the initial phone call, as they were recommended by someone else who too had a pleasant experience and at every stage in the process we were kept informed, the explanation of the process was thorough and the follow up was an indication that we were in great hands. Thank you for making what could have been a very unpleasant and stressful experience one that was seamless and stress free.

Picture of anonymous
Matt Shapiro

I used 1800injured after my accident and I'm really glad I did. They set me up with amazing professionals that settled my claim quickly and most importantly, hassle free. I don't know how people find the time to resolve a car accident any other way.

Picture of Indiana Sacasa
Indiana Sacasa

I had a car accident a few months ago, I called 1-800 Injured and they were there for me through the whole process from start to end. The medical treatment I received was excellent and they connected me with a great lawyer. They will definetly help you out! I would completely recommended after a car accident :)

Picture of anonymous
Giancarlo Siero

I had a car accident about 3 months ago, I contacted 1-800 injured and couldn't be happier. They were not only very professional but very understanding of my personal needs. The medical treatment I received was beyond my expectations, and they got me in contact with a great lawyer as well. I would definitely recommend after a car accident.

Picture of Pedro Gonzalez
Pedro Gonzalez

I had car accident and this guys took care of everything all the way to the end . I'm very happy with the results I had ! I recommend them without a doubt 100%!

Picture of Naslyn Baez
Naslyn Baez

I was recently involved in a automotive accident. A car crashed into my car from behind and I was pushed forward and I hit the car in front of me. At that time I really didn't know what to do or who to call. I remember seeing an Ad for 1 800 Injured on my Instagram page. I called them and they were very informative and handled everything from A to Z. They set me up with a great lawyer and with the right doctors.

Picture of anonymous
Luis Carlos Ferro

Hace unos cuantos meses tuve un accidente con mi novia en el highway, inmediatamente despues del accidente me comunique con 1-800 injured ya que un amigo me lo habia mencionado. Desde que hice la llamada estuvieron a mi disposicion 100%. Me mandaron a la clinica el mismo dia y me ofrecieron un driver de mi casa a la clinica ya que no podia manejar en esas circustancias. No solo eso, tambien me ofrecieron un exelente abogado que llego a mi casa el mismo dia del accidente. No puedo quejarme de su servicio, recibi un excelente tratamiento en la clinica durante 3 meses y en todas mis visitas el driver me llevaba y me traia a mi casa. Definitivamente ofrecen un excelente servicio y se preocupan por sus clientes. Si llegan a tener un accidente automovilistico no duden en contactar a 1-800 Injured!

Have you been injured?

  • We are an attorney and medical referral service
  • Proven Effective in Successfully Handling Personal Injury Cases
  • Attorneys in the 1-800-injured network work on a contingency basis. They only get paid if you win.