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While both Florida and New York allow recovery under theories of strict liability, negligence, and breach of warranty, the specific legal standards and filing deadlines vary significantly between the two states.

Florida Product Liability Law

Florida primarily follows the consumer expectation test to determine if a product is “unreasonably dangerous.” This standard asks whether the product performed as safely as an ordinary consumer would expect.

• Statute of Limitations: Generally, two years for negligence-based claims and four years for those based on the design or manufacture of personal property.
• Statute of Repose: Florida imposes a strict 12-year cutoff from the date the product was first delivered. Most claims after this period are denied regardless of when the injury occurred.
  
  

New York Product Liability Law

New York courts typically utilize the risk-utility test, which balances the product’s risks against its functional utility and the feasibility of safer alternative designs.

• Statute of Limitations: A standard three-year window from the date of injury.
• Pure Comparative Negligence: Recovery is allowed even if the injured party is partially at fault, though their compensation is reduced proportionally.
  
  

Different state laws and rules affect the viability of a product liability claim. It’s ideal to consult with a product liability lawyer immediately to ensure your claim meets the specific requirements of your state’s laws.

Common Injuries in Product Liability Cases

When a defective product reaches a consumer, the resulting harm can be catastrophic. Whether due to design flaws or manufacturing errors, the injuries involved in a product liability claim often require extensive medical intervention.

Common injuries resulting from a product defect include:

• Severe Burns: Often caused by overheating lithium-ion batteries in electronics or malfunctioning kitchen appliances.
• Bone Fractures and Orthopedic Trauma: Resulting from structural failures in ladders, scaffolding, or collapsing furniture.
• Traumatic Brain Injuries (TBI): Frequently linked to defective safety equipment, such as faulty helmets or failed automotive airbags.
• Choking and Internal Obstructions: Primarily affecting children due to small parts in toys that lack proper age warnings.
• Toxic Exposure: Illnesses or respiratory issues stemming from contaminated pharmaceuticals or lead-based materials.
  
  

The path to recovery is often complicated by the technical nature of these defects. Injured parties consult a product liability attorney to ensure that all long-term medical costs are accurately calculated and attributed to the responsible manufacturer.

Who May Be Held Liable in a Product Liability Case?

Liability in a product liability claim often extends to multiple entities within the “stream of commerce.” Unlike other personal injury cases, the injured individual does not necessarily have to prove which specific party was negligent if strict liability applies.

Potential liable parties include:

• Manufacturers: The company that designed or assembled the defective product.
• Component Parts Manufacturers: Suppliers of specific faulty parts, such as defective batteries or sensors.
• Wholesalers and Distributors: Middlemen who transported or stored the goods before they reached the consumer.
• Retailers: The store or online marketplace where the item was purchased.

Identifying every responsible party is crucial for a full recovery. Having a product liability attorney to support you helps ensure that all corporate entities in the supply chain are held accountable for the resulting injuries.

Proving Liability in Product Liability Cases

Establishing fault in a product liability claim requires demonstrating that a product was defective and that the defect directly caused the user’s injuries. Generally, liability falls into three categories: design defects, manufacturing flaws, or a failure to provide adequate warnings. In both New York and Florida, many cases are governed by “strict liability,” meaning the injured may not need to prove the manufacturer was negligent, only that the product was unreasonably dangerous when used as intended.

Evidence is critical in these cases. This often includes preserving the item itself, documenting the chain of distribution, and utilizing expert testimony from engineers or safety specialists to explain the technical nature of the failure. Because manufacturers often employ aggressive defense strategies to deny responsibility, many individuals consult a product liability lawyer to navigate the complex discovery process. Successfully proving liability ensures that those responsible—from designers to retailers—are held accountable for the harm their products cause.

Most Common Challenges in Product Liability Cases

Successfully litigating a product liability claim involves overcoming significant technical and procedural hurdles. Unlike simple negligence cases, these disputes often center on complex engineering and supply chain forensics.

Common challenges faced include:

• Proving a Defect: Establishing whether the injury resulted from a design flaw, a manufacturing error, or a failure to warn requires high-level expert testimony and forensic testing.
• Preservation of Evidence: If the defective product is lost, destroyed, or repaired after the accident, proving its original condition becomes nearly impossible.
• Chain of Distribution Complexity: Identifying every responsible party, from overseas manufacturers to local retailers, is difficult when dealing with global corporations.
• Corporate Defense Resources: Manufacturers often have substantial legal teams and “trade secret” protections that they use to shield internal testing data during discovery.
• Scientific Causation: Connecting the specific defect to the injury often requires complex medical and mechanical analysis.
  
  

An experienced product liability law firm like HL Law Group can help manage the technical investigations and ensure that all available corporate records are secured through the legal discovery process.

The Role of an Attorney in Product Liability Cases

Navigating a product liability claim involves challenging powerful manufacturers and complex supply chains. Because these cases often rely on strict liability principles rather than simple negligence, an attorney’s main role is to prove that a product was inherently dangerous when used as intended.

The key responsibilities of an attorney include:

• Determining the Defect Type: Categorizing the failure as a design defect, a manufacturing flaw, or a “failure to warn” regarding known risks.
• Chain of Distribution Analysis: Identifying every liable entity, from the initial designer and component manufacturer to the wholesaler and final retailer.
• Technical Investigation: Collaborating with mechanical engineers and safety experts to conduct forensic testing on the defective item.
• Managing Protective Orders: Countering corporate efforts to classify safety data and prior complaint records as “trade secrets” during discovery.
  
  

Manufacturers often have significant legal resources to defend their products. Reaching out to a product liability attorney is vital for securing internal testing records. An experienced lawyer helps ensure that the claimant’s long-term medical needs and financial losses are accurately valued.

Ensuring Accountability for Defective Products

When a consumer product fails due to a design flaw, manufacturing defect, or inadequate warning, the resulting injuries can be life-altering. Making product liability claims in Florida and New York requires a deep understanding of strict liability and negligence standards. Whether you are dealing with a faulty medical device, a dangerous toy, or a defective automotive part, holding large corporations and manufacturers accountable involves complex litigation and technical expert analysis to prove the product was “unreasonably dangerous.”

The burden of proof in these cases is high, and manufacturers often deploy extensive legal teams to minimize their responsibility. You do not have to face these corporate entities alone while you are recovering.

Take the first step toward justice today. Contact a product liability attorney at HL Law Group for a free, confidential case evaluation. Our team will help you investigate the chain of distribution and build a comprehensive strategy to secure the compensation you deserve for your injuries and losses. Call (866) 673-5553 or email [email protected] to schedule your free consultation.