Product Liability Lawyer in South Florida
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Consumers have the right to assume that the products they purchase are safe when used in a proper manner. Manufacturers, distributors, and retailers have an obligation to provide safe items to the public. If a device is unsafe in its ordinary use and injures a consumer, the entities responsible should be held liable. When a manufacturer does not give consumers sufficient information about its product’s use, and an injury occurs, a victim may have a claim based on failure to warn. Any party within the distribution chain may be liable for failure to provide proper warnings for products that pose inherent but nonobvious risks.
We proudly represent clients throughout Florida, including Miami, Fort Lauderdale, West Palm Beach, Orlando, and surrounding communities. Whether you are dealing with a minor crash or a devastating collision, our team has the experience and resources to protect your rights.
Fast Legal Answers for Product Liabilities in Florida
What is product liability, and who can be held responsible?
Product liability refers to the legal responsibility manufacturers, designers, or sellers have when a defective product causes harm. Liability can be shared across the supply chain—from the manufacturer and distributor to the retailer—depending on who is implicated in the product’s creation, modification, or sale.
What kinds of defects can lead to liability?
There are three main types of product defects:
Design defects: Flaws inherent in the product’s design, making it dangerous even if manufactured properly.
Manufacturing defects: Faults that occur during production of a specific item.
Marketing defects (failure to warn): Injuries that arise because of inadequate instructions or warnings.
Do I have to prove that the manufacturer was careless?
No. Product liability often operates under strict liability, meaning the injured party doesn’t need to prove negligence. As long as the product was defective, used as intended, and caused harm, liability may be established. However, plaintiffs must still show:
The product was defective,
It was defective before leaving the defendant’s control,
The defect caused the injury while being used as intended or in a foreseeable way.
Who can I sue in a product liability case?
Claims can target any party in the distribution chain manufacturers, component makers, designers, suppliers, wholesalers, and retailers even if more than one party is involved, depending on their role in the defect.
What's the difference between product liability and other personal injury cases?
Unlike negligence-based personal injury cases (like car accidents), product liability claims using strict liability don’t require proving carelessness. Fault lies with the defect itself rather than any wrongful behavior.
What compensation can I expect to receive?
Product liability damages typically include:
Economic damages: Medical bills and lost income,
Non-economic damages: Pain and suffering, emotional trauma,
Punitive damages: In cases involving reckless misconduct, courts may impose punishment.
How long do I have to file a product liability claim?
Statutes of limitations vary by state. Most allow between 1 to 4 years, depending on when the injury was discovered and jurisdictional rules. Some states apply “discovery rules” that extend deadlines in certain cases.
Can product liability cover digital products like software or AI?
Yes, particularly under the new EU Product Liability Directive, which expands liability to include digital goods, software, and AI. Member states must adopt these changes by December 2026.
Is product liability insurance necessary?
For businesses designing or selling products, product liability insurance is highly advisable—even if not mandatory. It covers compensation claims and legal costs arising from faulty goods, including risks from packaging, instructions, and post-sale software updates.
Can I hold the retailer liable if a product injures me?
Yes, if the retailer is part of the distribution chain and harmed you, they may be held strictly liable, even if the defect originated earlier in manufacturing.
What is a manufacturing defect, and how is it proven?
A manufacturing defect happens when a product departs from its intended design, usually because of an error in assembly. To succeed in such a claim, the injured party must show that the defect was present when the product left the manufacturer’s control. Importantly, manufacturers are held strictly liable, meaning fault applies regardless of the care they took in making the product.
How can someone prove a design defect?
To establish a design defect, a plaintiff must prove that:
The product’s design was unreasonably dangerous,
The risk was obvious to an ordinary consumer using the product as intended (or as foreseeable), and
A safer, economically feasible alternative design existed.
This theory typically applies to entire product lines, since every unit shares the same dangerous design.
What legal theories can victims rely on in product liability lawsuits?
Victims may bring claims under three primary legal theories:
Strict liability – holding manufacturers accountable for unreasonably dangerous defects, regardless of intent.
Negligence – showing the defendant failed to exercise reasonable care, leading to injuries.
Breach of warranty – which can be express (a stated guarantee about safety) or implied (the general expectation that a product is safe when used properly).
What does “failure to warn” mean in product liability?
A failure to warn claim arises when manufacturers or distributors don’t provide adequate instructions or warnings about inherent but nonobvious dangers in a product. Any party in the supply chain, from the manufacturer to the retailer, may be held responsible.
Why Hire The Law Offices of Robert Dixon in FL
- Decades of Experience: Our attorneys have decades of combined experience handling Florida personal injury cases.
- Client-Focused Advocacy: We are dedicated to protecting accident victims and their families at every step.
- No Win, No Fee: You don’t pay unless we successfully recover compensation for you.
- Proven Results: We have a strong track record of successful settlements and verdicts.
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