Product Liability Lawyer Boca Raton, FL

A product that fails without warning, such as a car part, a power tool, a medical device, or a piece of home equipment, can cause serious injuries in seconds. A product liability lawyer in Boca Raton, FL can preserve the product, identify every company in the chain of distribution, and pursue compensation from the manufacturer or seller. Jacobson Injury Firm represents people hurt by defective products throughout Boca Raton and southern Palm Beach County. Contact the firm for a free consultation.

How Product Liability Claims Work in Florida

Product liability is the area of law that holds manufacturers, distributors, and sellers responsible when a defective product injures someone. Florida claims usually rely on one or both of two legal theories.

Strict liability. Under strict liability, an injured person does not have to prove that the company was careless. The focus is on the product itself. The injured person generally must show that the product was defective when it left the company’s control, and that the defect caused the injury. Strict liability can apply to manufacturers and others in the chain of distribution, such as distributors and retailers.

Negligence. A negligence claim focuses on the company’s conduct. It asks whether the manufacturer or seller failed to use reasonable care in designing, testing, inspecting, or warning about the product. Negligence can reach parties that strict liability may not, such as a company that installed or repaired the product.

Many cases also include a breach of warranty claim, which is based on a promise, written or implied, that the product was safe and fit for its normal use. The firm’s guide to liability in Florida injury cases explains how responsibility is assigned among several defendants.

Why Defective Product Injuries Happen in Boca Raton

Boca Raton’s population includes many older adults, young families, and FAU and Lynn University students, and each group faces different product risks. According to the U.S. Consumer Product Safety Commission, nearly 3 million older adults visit an emergency room each year for injuries involving consumer products. Falls are the leading cause, and the CPSC has also flagged hazards such as adult bed rails and pools and spas.

South Florida’s lifestyle adds other risks. Residents depend on vehicles for daily travel on I-95 and Glades Road, use pools, boats, and outdoor equipment year-round, and rely on air conditioning and home appliances that run constantly. When a defect is involved, an injury that looks like a simple accident may actually be a product case.

Common Types of Product Defects

Florida law generally recognizes three categories of defects:

• Design defects: the product is dangerous because of how it was designed, so every unit carries the same risk. A design may be defective if it fails to perform as safely as an ordinary consumer would expect, or if its risks outweigh its benefits.
• Manufacturing defects: the design is safe, but a particular unit was made incorrectly, such as a weak weld, a contaminated batch, or a missing part.
• Failure to warn: the product lacks adequate instructions or warnings about a danger that was not obvious to the user.

Jacobson Injury Firm reviews claims involving:

• Defective vehicle parts, such as airbags, seat belts, tires, and brakes
• Power tools, lawn equipment, and ladders
• Exercise equipment and recreational products, including e-scooters and bicycles
• Children’s products, including car seats, cribs, and furniture that can tip over
• Medical devices and implants
• Household appliances and home equipment

What Compensation Can a Product Injury Victim Recover?

An injured person may seek compensation from the responsible companies for:

• Past and future medical expenses
• Lost wages and reduced earning capacity
• Rehabilitation, therapy, and in-home care
• Pain and suffering
• Mental anguish and loss of enjoyment of life
• Disfigurement or permanent disability

Product cases often involve severe injuries, such as amputations, fractures, and brain injuries. The firm’s overview of damages in Florida explains how each category is measured.

Partial Fault and Other Defenses in Florida Product Cases

Manufacturers often argue that the injured person misused the product or ignored its warnings. Florida’s modified comparative fault rule, Florida Statute 768.81, expressly applies to strict liability and products liability claims. A person found more than 50% at fault for their own harm recovers nothing.

A person 50% at fault or less can recover, but the award is reduced by their share of fault. The firm’s guide to comparative fault in Florida explains this rule in more detail.

Two other Florida statutes often come up:

• Government standards. Under Florida Statute 768.1256, a product that complied with mandatory federal or state safety standards meant to prevent the type of harm alleged is presumed not defective. The reverse is also true: a product that did not comply is presumed defective. Either presumption can be rebutted with evidence.
• State of the art. Under Florida Statute 768.1257, a design defect claim against a manufacturer is judged by the scientific and technical knowledge that existed when the product was made, not when the injury happened.

What Should You Do After a Defective Product Injury?

The product itself is often the most important piece of evidence. After getting medical care, an injured person should:

• Keep the product. Do not throw it away, repair it, or return it to the store or manufacturer. Keep the packaging, manual, and receipt.
• Get medical care right away. Records that link the injury to the product help prove causation.
• Photograph everything. Take pictures of the product, the scene, and the injuries.
• Check for recalls. Search the CPSC recall database for consumer products and the NHTSA recall lookup for vehicles, tires, and car seats. A recall is not required for a claim, but it can be strong evidence.
• Report the problem. Consumers can report unsafe products to the CPSC through gov.
• Avoid statements to the company. Manufacturers and their insurers may ask for the product or a recorded statement. Speak with an attorney first.

The firm’s guide on evidence in Florida injury cases explains why preserving the product matters.

How Long Do You Have to File a Product Liability Claim in Florida?

Florida product liability deadlines come from two statutes. Under Florida Statute 95.11(3)(d), an action for injury to a person founded on the design, manufacture, distribution, or sale of personal property must be filed within four years. Under Florida Statute 95.031(2)(b), that period runs from when the injured person discovered, or should have discovered, the facts giving rise to the claim.

HB 837 cut Florida’s general negligence deadline from four years to two for claims arising after March 24, 2023. It did not remove the separate four-year product provision. Still, many product cases also include claims against installers, property owners, or others that may fall under the two-year negligence deadline in 95.11(5)(a), and a death caused by a product carries a two-year wrongful death deadline. Acting within two years is the safest course.

Florida also has a 12-year statute of repose, an outer limit that can bar a claim regardless of when the injury occurred. A claim is generally barred if the harm happened more than 12 years after the product was first delivered to its first buyer. Exceptions include products warranted to last longer than 10 years, injuries that did not appear until after the period expired, and cases where the manufacturer knowingly concealed the defect. The firm’s overview of the Florida statute of limitations covers related deadlines.

No Fee Unless We Win

Jacobson Injury Firm handles product liability cases on a contingency fee basis. There is no upfront cost, and no attorney fee is owed unless the firm recovers compensation.

Clients work directly with attorney Adam Jacobson, who is licensed in Florida, New York, Connecticut, and Illinois and represents injured people only. He prepares each case as if it may go to trial, which matters when the opposing party is a large manufacturer.

Frequently Asked Questions

Does a product have to be recalled for me to have a claim?

No. Many defective products are never recalled. A recall can help show that a defect existed, but a claim can succeed without one if the evidence proves the product was defective.

Can I sue the store that sold the product?

Often, yes. Florida product liability claims can extend to companies in the chain of distribution, including retailers and distributors, in addition to the manufacturer. A product liability lawyer in Boca Raton, FL can identify every party that may share responsibility.

What if I was using the product incorrectly?

Misuse can reduce a recovery, and foreseeable misuse does not always defeat a claim. Under Florida’s comparative fault rule, an injured person can still recover if they are 50% or less at fault.

How much does a product liability lawyer cost?

Jacobson Injury Firm works on a contingency fee basis. Clients pay nothing upfront, and there is no attorney fee unless money is recovered.

Contact a Product Liability Lawyer in Boca Raton, FL

Manufacturers have legal teams ready to defend their products. A product liability lawyer in Boca Raton, FL can preserve the evidence, consult engineers and experts, and hold the right companies accountable. Call (561) 567-7163 or contact Jacobson Injury Firm today to schedule a free consultation.