You purchase a product in good faith. In other words, you expect the product to do precisely what the advertising says. What you haven’t planned for is being injured by a faulty product. Did you know corporations can be liable for faulty products?
In other words, if you’re injured by a faulty product, you may be able to claim more than a refund. However, don’t wait too long to start your product injury case. Florida has a specific statute of limitations. If you miss a filing deadline, your product injury case may be dead before it even gets started.
Understanding the Statute of Limitations for Product Liability Lawsuits
Florida has a specific deadline for product liability claims. You typically have two years to file a claim if you’re injured by a faulty product. However, this doesn’t include any injuries you may sustain getting the product out of the box or packaging.
For example, if you cut yourself with a pair of scissors trying to get the packaging open, you don’t have an injury case. Grab a Band-Aid or get stitches if the injury is deep enough, and call your health insurance provider. You can’t file a lawsuit against a corporation or manufacturer because their packaging is difficult to open.
However, if the item malfunctions during use, resulting in injuries, there’s a good chance you can file a product liability claim. Let’s say you’re using an electrical drill, and it malfunctions, causing an electrical shock, then this can be grounds for a product liability case. You’re using the product how it’s intended and a malfunction occurred.
Extending the Two-Year Statute of Limitations
Like most laws, there are exceptions, and this applies to the statute of limitations for product liability claims.
Typically, you have two years from the date of the accident to file a liability claim. However, not all injuries are immediately obvious. Some can take a few days or weeks to start showing signs and symptoms. So, what does this mean for your case?
Thankfully, there’s a good chance you can reset the clock. Meaning, the statute of limitations doesn’t start until the day your injuries become obvious. While this isn’t going to add years to your filing deadline, it does help ensure you’re not missing any filing dates.
But before getting too excited over the possible extension, you’re going to need evidence supporting your injury date. This typically means supplying medical records, so always see a physician if you’re injured by a malfunctioning product.
Without medical documentation, your statute of limitations may be pushed forward to the product’s purchase date. So, if you purchased the product a year ago and waited six months to use it, you may only have six months to file a claim.
Oh, and guess what! There’s another possible extension, and it applies to when you use the product.
Date of Product Use and Filing Deadlines
Adding to your possible confusion is Florida’s statute of response in product liability claims. This statute is a little different than the one that applies to the injury date. A statute of response kicks in if you wait several months or even years to use a product. The item may even be given as a gift.
If this applies to your product liability case, the statute of response is now 12 years from the purchasing date. Don’t worry; the original purchaser doesn’t need to produce a receipt for an item they bought several years ago.
An example of when the statute of response applies can be if your dad purchased a battery-powered tool five years ago and recently gave it to you as a gift. The tool has a manufacturing defect.
You can still file a product liability claim since it’s not 12 years from the original purchase date. However, this doesn’t mean you have seven years to decide if you want to file a product liability claim. You still only have two years from the date of your injury.
If the defective tool was purchased over twelve years ago and you sustain an injury, you probably can’t file a product liability claim.
Wrongful Death Claims
Unfortunately, some product defects can cause a fatality. The two-year statute of limitations applies if the injuries result in death. However, the statute of response may also be applicable. If the defective product is given as a gift, you may be able to file a wrongful death lawsuit as long as the product wasn’t purchased over twelve years ago.
If a loved one is fatally injured by a malfunctioning product, it’s best to contact an attorney as soon as possible. You don’t want to miss any filing deadlines, and there are rarely any extensions.
Who Can You Name in a Product Liability Lawsuit
If it’s decided you have grounds for a product liability lawsuit, don’t go crazy naming everyone from the clerk who sold the product to a store manager and even the business owner. To prevent naming uninvolved parties in a product liability lawsuit, Florida has strict regulations.
You’re typically limited to only naming the product manufacturer. These regulations also extend to building your product liability case. You can’t just claim a product is defective; you must be able to show proof. This includes the following:
- 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
Your product liability case may show that the product has a defect in its design or construction. The manufacturer may also be aware of the defect but failed to warn consumers. This can affect your case and your potential compensation.
Talk to an Attorney About Your Product Liability Case
Attempting to settle a case involving a defective product without legal guidance can be particularly risky, especially given the intricacies of Florida’s product liability laws and the complexities surrounding statutes of limitations.
To safeguard your interests and ensure you receive the full and fair compensation you deserve for your injuries, you should schedule a consultation with a product liability attorney.
An attorney specializing in this area can provide expert advice on navigating the legal process, help you understand crucial deadlines, and represent your interests effectively against manufacturers, enhancing your chances of a successful outcome.
