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10 FAQs where found , 10 in this page
Florida generally allows four years to bring a product liability claim under Florida Statute 95.11(3)(d). Since March 2023, however, ordinary negligence claims must be filed within two years under Section 95.11(4)(a), and product cases are often built on negligence, so it is safest to assume the shorter deadline. A separate twelve-year statute of repose (Section 95.031(2)(b)) can also bar a claim, measured from the product's first delivery to its original purchaser, no matter when the injury happened. Because the deadline turns on how the claim is framed, speak with a product liability lawyer as early as possible.
View ServiceNo. Your right to bring a claim comes from being injured, not from buying the product. Under West v. Caterpillar Tractor Co. (Fla. 1976), Florida protects anyone the manufacturer should reasonably have expected to be using the product or to be near it, so a person hurt by something they borrowed, were given, or were simply standing beside can still have a case.
View ServiceFlorida recognizes three types of defect. A manufacturing defect is an error in how the item was produced. A design defect means the product is dangerous by design before it is ever built. A failure to warn is a missing, unclear, incomplete, or badly placed warning or instruction about a hazard the maker already knew about. A defective product claim usually turns on which of these applies.
View ServiceStrict product liability lets an injured person recover compensation by focusing on whether the product was defective, without having to prove the manufacturer was negligent or intended any wrongdoing. It is one of several theories a product liability lawyer may pursue, alongside negligence and breach of warranty.
View ServiceUsually yes, but your share of the fault matters. Florida reduces your damages by your percentage of fault, and since March 2023 a person found more than 50 percent at fault for their own harm recovers nothing (Florida Statute 768.81). That rule reaches product liability, strict liability, and breach of warranty claims, so it is wise to speak with a lawyer before giving a recorded statement to an insurer.
View ServiceNo. A recall is a safety action taken by a manufacturer or a federal agency such as the CPSC, NHTSA, or FDA. It is not a lawsuit, and it is not required before you sue. A recall notice is, however, powerful evidence that a defective product left the manufacturer in an unsafe condition, and our attorneys review these federal databases when investigating a claim.
View ServiceWe handle claims involving a wide range of defective products, including defective medical devices, prescription drugs and medications, motor vehicles and auto parts, tools and heavy machinery, toys, and household appliances. If a defective, damaged, or improperly labeled product injured you or a family member, that is reason enough to contact our injury lawyers.
View ServiceYes. Gallardo Law Firm helps injured people throughout Miami-Dade County from two local offices, one on SW 8th Street in Miami and one on NW 103rd Street in Hialeah, and represents clients in Coral Gables, Doral, Miami Lakes, Miami Beach, and the surrounding communities. Whether you typed 'product liability lawyer near me,' 'product liability attorney near me,' or 'products liability lawyer near me' into your search, you can contact our Miami or Hialeah offices for a consultation.
View ServiceOur first consultation is free. Gallardo Law Firm handles product liability cases on a contingency-fee basis, which means you pay no attorney fee unless we recover compensation for you. This lets you pursue a defective product claim without paying anything up front.
View ServiceIt depends on the case, and most product liability claims settle before trial. Florida's court time standards aim to resolve a civil case within 12 months for a non-jury case or 18 months for a jury case, and up to 30 months for a complex case, measured from the start of the case to its final resolution. A straightforward defective product claim can resolve faster, while a complex case against several manufacturers can take longer. These are the timeframes the courts aim for, not a guarantee for any specific case.
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