What You Need to Know About Time Limits & Defective Products
Defective products can cause a variety of injuries and in some cases, death, but product liability claims are some of the most complex personal injury lawsuits to pursue. The most important thing to keep in mind is that there is a statute of limitations that provides a legal time frame in which you can file your product liability lawsuit. In Florida, this time limit is four years from the date of discovery.
Our Orlando lawyers specialize in defective product claims and have decades of experience fighting on behalf of injured victims and their families.
The Date of Discovery
The time limit for product liability claims starts ticking on the “Date of Discovery” which means the day that you first realize (or should have realized) a defective product caused the injury. You then have four years to start the litigation process. After four years, you cannot pursue justice or compensation for the damage and associated expenses. Florida also has a “Statute of Repose” under which the time limit is extended no matter the discovery date to 10-20 years, but many stipulations apply.
You can’t pursue a product liability claim if you altered the product or used it in a way that it was not intended such as removing safety features from a tool that later causes the injury. However, you may still have the opportunity to file for non-strict liability or comparative negligence because manufacturers are required to consider ways that their product can be misused and provide appropriate safety measures to avoid injury if it’s used in that way.
How to Pursue a Lawsuit and Compensation from a Retailer or Manufacturer
Three legal categories allow you to sue the retailer or manufacturer of the defective product: Negligence, Strict Liability, and Breach of Warranty. Defective products caused by negligence often involve faulty manufacturing and failure to discover or warn consumers of the dangers associated with its use. Strict liability claims don’t have to prove negligence and instead just have to show that the defective product led to your injuries. Breach of warranty is involved when an injury happens while using the product the way it was intended.
Sellers or manufacturers can be held liable if:
- They failed to correct or notice a severe product flaw.
- They failed to recognize the dangers associated with using the product.
- They failed to list or provide information on the hazards and risks associated with using the product.
Contact Our Product Liability Attorneys in Orlando
Defective products can involve children’s toys, medical devices, work tools, and any product that has been recalled or caused injury or death. Product liability claims are complex and require detailed knowledge of Florida Law and the process of establishing fault.
If you or someone you know was injured by a defective product, please contact our attorneys at Colling Gilbert Wright & Carter today by calling (407) 712-7300 for a FREE consultation. We serve clients nationwide and are based in Orlando, Florida.