Defective Product Attorney in Florida — Holding Manufacturers Accountable for Dangerous Products
When a product causes injury, the harm is rarely the buyer’s fault. Manufacturers, designers, and distributors have a legal obligation to ensure that the products they bring to market are safe for their intended use. When they fail in that obligation — through poor design, a manufacturing defect, or inadequate warnings — and someone is injured as a result, Florida’s product liability law provides a path to compensation.
Howard M. Hughes of Hughes and Barnard Law Firm, PA lists products liability as a primary practice area. Our firm has over 75 years of combined experience and has recovered more than $150 million for injury victims throughout Florida. Cameron Barnard, who began his career defending corporations and insurers, brings an inside perspective on how manufacturers and their insurance companies defend products liability claims — and how to overcome those defenses.
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The Three Types of Product Defects Under Florida Law
1. Design Defects
A design defect exists when the product is inherently dangerous as designed — before a single unit is manufactured. Even if every product off the assembly line is built exactly as intended, the design itself creates an unreasonable risk of harm. Examples include vehicle models with a high rollover propensity, power tools without adequate blade guards, and consumer products with a center of gravity that makes them inherently unstable. In design defect cases, the entire product line is potentially at issue — often making these among the largest products liability claims.
2. Manufacturing Defects
A manufacturing defect occurs when a specific unit deviates from the intended design during production — an otherwise safe design is incorrectly assembled, uses substandard materials, or is contaminated during manufacturing. The defect is in the individual product rather than the product category. Examples include a vehicle with a brake component installed incorrectly, a medical device with an assembly error, or food contaminated during processing.
3. Failure to Warn (Marketing Defects)
A failure to warn defect occurs when a product carries risks that are not obvious to the consumer and the manufacturer fails to provide adequate warnings or instructions. Even a product that is properly designed and manufactured can give rise to liability if it is put on the market without the warnings a reasonable consumer would need to use it safely. Examples include medications sold without adequate side effect warnings, power equipment that lacks instructions about proper safety equipment, and chemicals sold without adequate handling and storage warnings.
Florida Products Liability — The Legal Standard
Florida follows a strict liability standard for products liability in most cases. This means you do not need to prove that the manufacturer was negligent — only that the product was defective and that the defect caused your injury. This is an important distinction from standard negligence cases. The manufacturer’s care and intent are not the central issue; the condition of the product is.
However, products liability cases involve sophisticated defendants — manufacturers, distributors, and retailers — with significant legal resources and experienced insurance defense teams. These cases require thorough investigation, expert witnesses (often product engineers, safety experts, or medical professionals), and an attorney with the resources and experience to take on large corporate defendants.
Common Defective Products We Handle
- Motor vehicle defects — airbag failures, brake defects, steering failures, tire defects, seatbelt failures (Takata airbag and Firestone tire cases are historical examples of mass tort vehicle defect litigation)
- Medical devices and implants — defective hip and knee replacements, surgical mesh, cardiac devices, and other implanted medical devices
- Consumer electronics — products that overheat, catch fire, or explode (lithium battery defects have been a significant recent category)
- Pharmaceutical products — medications sold without adequate warnings about serious side effects
- Workplace equipment — defective machinery, power tools, and construction equipment
- Recreational products — defective ATVs, boats, bicycles, and sporting equipment
- Children's products — defective car seats, cribs, toys, and playground equipment
- Food and beverage contamination — foreign objects in food, bacterial contamination, and mislabeled allergens
Who Can Be Held Liable in a Products Liability Case?
In a Florida products liability case, every party in the chain of distribution of a defective product may be liable — not just the manufacturer. This includes:
- The product designer or engineer
- The manufacturer of the finished product
- Manufacturers of component parts that were incorporated into the defective product
- Distributors and wholesalers
- Retailers who sold the product
This multi-defendant structure is significant because it means that even if the manufacturer is overseas or is difficult to sue, there may be domestic parties in the distribution chain who can be held responsible. Our firm evaluates the full chain of distribution to identify all potentially liable parties.
Products Liability Cases and Wrongful Death
When a defective product causes a fatal injury, the victim’s estate and surviving family members may bring a wrongful death claim under Florida’s Wrongful Death Act. These claims can include economic damages (the deceased’s future earning capacity, funeral expenses) and non-economic damages (the family’s loss of companionship, guidance, and support). Cameron Barnard of Hughes and Barnard has handled complex wrongful death cases throughout his career, including cases involving defective products.
Serving Jupiter, Palm Beach County, and All of Florida
Hughes and Barnard Law Firm, PA handles products liability cases throughout Palm Beach County, Martin County, St. Lucie County, and beyond. We have the resources to retain expert witnesses, conduct full product investigations, and litigate against large corporate defendants. Call us at (561) 296-9400 for a free consultation.
Frequently Asked Questions: Products Liability in Florida
I still have the product that injured me — what should I do with it?
Preserve it. Do not dispose of the defective product, return it to the manufacturer, or attempt to repair it. The product itself is critical evidence in your case. Store it safely, keep all original packaging and manuals, and contact an attorney as soon as possible. We may need to have the product inspected by an engineering expert before any evidence is lost.
The manufacturer says I was using the product improperly. Does that affect my claim?
Manufacturer defenses commonly include misuse arguments. However, product manufacturers are required to design products that can withstand foreseeable misuse — not just perfect use. Our attorneys evaluate the manufacturer’s warnings, the design specifications, and how the product was being used to counter misuse defenses effectively.
How long do I have to file a products liability claim in Florida?
Florida’s personal injury statute of limitations is two years from the date of injury. For latent injuries that were not discovered immediately, the discovery rule may extend this timeline. Additionally, Florida has a separate statute of repose that can affect claims for products that have been on the market for 12 or more years. Consulting an attorney promptly is critical to protecting your claim.
Injured by a defective product? The manufacturer should be held accountable.
Call (561) 296-9400 — free consultation, no fee unless we win.