Fort Lauderdale Product Liability Attorney

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Fort Lauderdale product liability lawyerEnsuring product safety is the responsibility of manufacturers and retailers. However, the rush to maximize profits often leads to corners being cut, resulting in dangerous products reaching consumers in Fort Lauderdale, Florida.

If you or a loved one has been harmed by a defective product, it’s essential to consult with an experienced Fort Lauderdale product liability lawyer to safeguard your rights.

At Schilling & Silvers Property and Accident Attorneys, we are dedicated to helping victims obtain the compensation they deserve. Our extensive experience covers a wide range of product liability cases, including those involving children’s toys, defective medical devices, power tools, automotive parts, household appliances, and more.

In Fort Lauderdale, Florida, product safety regulations are stringent, enforced by the Consumer Product Safety Commission (CPSC). These laws ensure that products on the market meet safety standards and are recalled if found defective.

Key legislation includes the Consumer Product Safety Act and the Consumer Product Safety Improvement Act. Under Florida Statutes § 768.81(d), manufacturers can be held accountable when their products cause injury, offering a clear path for victims to seek compensation.

Navigating a product liability claim can be complex, requiring specialized legal expertise. Our experienced product liability attorneys in Fort Lauderdale, Florida, are committed to advocating for individuals affected by defective products. We work tirelessly to secure the compensation you deserve and to hold negligent manufacturers accountable.

Contact our law firm for a free consultation to evaluate your case and guide you through the legal process. Your safety and well-being are our top priorities, and we are dedicated to achieving justice for you.

How Often Are People Injured By Defective Products in Fort Lauderdale, Florida?

In Fort Lauderdale, Florida, defective products contribute significantly to injuries and fatalities each year. According to the latest data from the National Safety Council (NSC), consumer product injuries have been a persistent issue, with notable fluctuations in recent years. For instance, following a notable decrease in injuries reported in 2020 due to pandemic-related restrictions, there was a subsequent increase of 6.8% in 2021 and a further 7.8% in 2022, highlighting a rebound in incidents as restrictions eased.

The Consumer Product Safety Commission (CPSC) underscores the severity of these incidents, reporting that in 2022 alone, emergency departments treated approximately 12.7 million people for injuries caused by consumer products.

This figure represents a significant portion of the population affected by everyday items presumed safe for use. Common household products such as televisions, cleaning supplies, and even furniture can pose unsuspected risks, particularly affecting vulnerable groups such as young children and older adults.

These statistics underscore the critical need for consumer vigilance and legal protection in cases involving product liability. Residents of Fort Lauderdale facing injuries from defective products can benefit from seeking guidance from a knowledgeable Fort Lauderdale product liability lawyer.

What is The Definition of a Defective Product?

Understanding what constitutes a defective product is crucial in pursuing a product liability claim in Fort Lauderdale, Florida. Essentially, a defective product poses a risk to consumers due to flaws or deficiencies in its design, manufacturing, or marketing. These defects typically fall into three categories:

  1. Design Defects: These occur when the product’s design itself is inherently unsafe, making all products of that design potentially dangerous. Manufacturers may be liable if a safer alternative design was feasible and economically viable but was not implemented.
  2. Manufacturing Defects: Unlike design defects, manufacturing defects occur during the production process, leading to a product that deviates from its intended design and is therefore unsafe. This type of defect can affect only a few units or an entire batch of products.
  3. Marketing Defects: Also known as failure-to-warn defects, these involve inadequate instructions or warnings about the product’s safe use. Manufacturers have a duty to provide clear and sufficient warnings about potential risks associated with their products.

If you believe you have been harmed by a defective product, it is essential to consult with a qualified product liability attorney in Fort Lauderdale, Florida, who can assess your case, determine the type of defect involved, and advocate for your rights. 

What Are Some Types of Product Liability Cases in Fort Lauderdale, Florida?

Navigating the complexities of product liability law in Fort Lauderdale, Florida requires a thorough understanding of the types of defective product claims that can arise. Here are some of the most common types of product liability cases we handle:

  • Automobile Part Defects: Defective auto parts such as faulty airbags, brakes, or tires can lead to catastrophic auto accidents on Fort Lauderdale’s busy roads. These defects often result from manufacturing errors or design flaws that compromise the safety of vehicles.
  • Medical Device Failures: From implants to surgical instruments, defective medical devices can cause serious harm to patients. Issues like malfunctioning pacemakers or flawed prosthetics may necessitate legal action to hold manufacturers accountable for the resulting injuries.
  • Household Appliance Malfunctions: Everyday items like microwaves, refrigerators, and washing machines can become hazards if they malfunction due to design defects or faulty components. These cases highlight the importance of product safety and consumer protection.
  • Children’s Toy Defects: Toys are supposed to bring joy, but when they’re defective, they can lead to serious injuries. Whether it’s a choking hazard or toxic materials, defective toys pose significant risks to children’s health and safety.
  • Pharmaceutical Errors: Prescription drugs and over-the-counter medications can have unintended side effects or inadequate warnings. Pharmaceutical companies have a responsibility to ensure their products are safe, and failure to do so can result in severe health complications for consumers.

Each of these product liability cases requires meticulous investigation and legal expertise to establish liability and pursue fair compensation for our clients in Fort Lauderdale. Whether the issue stems from a manufacturing defect, design flaw, or failure to warn, our team of skilled Fort Lauderdale personal injury attorneys are dedicated to advocating for those who have been harmed by unsafe products.

What Are Florida’s Product Liability Laws?

Product safety in Fort Lauderdale, Florida, is governed by stringent regulations enforced primarily by the federal Consumer Product Safety Commission (CPSC), overseeing safety standards and recalls across a wide range of products.

Florida’s product liability laws, as outlined in Florida Statutes § 768.81(d), establish crucial guidelines for holding manufacturers accountable in cases of product-related injuries. These laws define liability when products fail to meet safety standards due to defects in design, manufacturing errors, or inadequate warnings.

For consumers, encountering regulated products daily highlights the significance of adhering to CPSC standards to prevent harm. Here’s an overview of the fundamental aspects of Florida’s product liability laws and their application:

Federal Laws Governing Product Safety

Several federal statutes empower the CPSC to regulate product safety:

  • Consumer Product Safety Act: This legislation authorizes the CPSC to establish safety standards, ban hazardous products, and enforce recalls.
  • Consumer Product Safety Improvement Act (CPSIA): Enacted in 2008, this act expanded CPSC’s authority to include regulations on lead content, toy safety, and ATVs, while also enhancing penalties for violations.
  • Federal Hazardous Substances Act (FHSA): Requires warning labels on hazardous household products to protect consumers.
  • Child Safety Protection Act: Amends FHSA to safeguard children from choking hazards posed by consumer products.
  • Flammable Fabrics Act: Regulates the manufacturing of flammable clothing and fabrics to prevent fire-related injuries.
  • Poison Prevention Packaging Act: Mandates child-resistant packaging for certain household substances to mitigate poisoning risks.

Regulated Products

The CPSC oversees the manufacturing, labeling, and packaging of numerous products, including but not limited to:

  • Pharmaceuticals and over-the-counter medications
  • Cosmetics and skincare products
  • Cribs, playpens and infant products such as such as clothing drawstrings, infant walkers and carriers
  • Lawn mowers
  • Household chemicals like acids
  • Building materials containing asbestos
  • Toys and children’s products
  • Sporting equipment like bicycle helmets
  • Defective swimming pools, drains and pumps
  • HVAC equipment
  • Defective power generators
  • Electrical appliances such as hair dryers and fire extinguishers
  • Defective car parts such as seatbelts, airbags, faulty tires, children’s car seats

These regulations are designed to ensure products meet stringent safety standards before entering the consumer market in Fort Lauderdale and beyond.

Implications for Consumers

For consumers in Fort Lauderdale, encountering regulated products in daily life underscores the importance of product safety. When a product fails to meet CPSC standards and causes harm, the manufacturer may be held liable for resulting damages. Whether due to a design defect, manufacturing error, or inadequate warnings, victims of product-related injuries may pursue compensation under Florida’s product liability laws.

Navigating product liability claims requires specialized legal knowledge. If you or a loved one has suffered injuries from a defective product in Fort Lauderdale, consulting with a knowledgeable Fort Lauderdale product liability lawyer is crucial. They can assess your case, determine liability, and advocate for your rights under Florida law.

Who Can Be Held Liable in a Defective Product Claim in Fort Lauderdale, Florida?

In Fort Lauderdale, Florida, product liability laws encompass more than just the manufacturer. Plaintiffs have the right to pursue compensatory damages from various entities involved in the product’s distribution chain. This comprehensive approach allows for holding accountable all parties responsible for placing a defective product into consumers’ hands.


Manufacturers are typically the primary focus in product liability lawsuits. They bear responsibility for ensuring their products are safe for consumer use. In cases involving complex products like automotive vehicles, where multiple parts are sourced from different manufacturers, identifying and naming each responsible party is crucial.


Retailers play a significant role in the distribution chain and can also be held liable under Florida law. By offering products for sale to consumers, retailers implicitly ensure that these goods are safe when used as intended. Thus, if a defective product causes harm, the retailer may share in the responsibility for damages.

Wholesalers and Distributors

Similar to retailers, wholesalers, and distributors are intermediaries between manufacturers and consumers. They too have a duty to ensure the products they handle are safe. Naming all relevant parties in the distribution chain strengthens the plaintiff’s case, especially considering corporate restructuring through mergers and acquisitions.

Why Comprehensive Liability Matters

Understanding the breadth of liability in product defect claims is essential for maximizing recovery. By identifying and pursuing claims against all potentially liable parties—whether manufacturers, retailers, wholesalers, or distributors—plaintiffs can seek full compensation for injuries caused by defective products.

If you need immediate legal assistance reach out to our skilled and experienced Fort Lauderdale product liability lawyers today. We offer free case evaluations and can answer any questions you may have.

How Do I Know if I Have a Product Liability Claim in Fort Lauderdale, Florida?

Understanding the criteria for pursuing a product liability claim in Fort Lauderdale, Florida, is crucial for anyone affected by a defective product. Here are the primary grounds under Florida law that determine the validity of such claims:

Defective Design

Products must be designed to function safely for their intended purpose. A design defect occurs when a flaw in the product’s design renders it unreasonably dangerous to consumers. This defect can lead to injuries or losses. Courts assess whether the product’s design failed to meet reasonable safety expectations or posed greater risks than benefits to consumers.

Marketing or Advertising Defects

Manufacturers have a duty to provide adequate warnings and instructions about potential dangers associated with their products. Failure to do so can result in harm to consumers who were unaware of the risks. Examples include cases where tobacco companies failed to disclose health hazards associated with smoking, leading to widespread litigation. Claims based on marketing defects often involve strict liability, holding manufacturers accountable regardless of their intent.

Defects in Manufacturing

Even with a sound design, errors in the manufacturing process can create unsafe products. Manufacturing defects occur when a product deviates from its intended design due to mistakes in production.

This can include using substandard materials, improper assembly, or missing components. For instance, defective trampolines lacking crucial reinforcement clamps led to injuries, prompting recalls.

Building a Strong Case

To succeed in a product liability claim, it’s essential to demonstrate that one of these defects directly caused your injuries or losses. Evidence linking the defect to the harm suffered is critical. Without meeting these legal standards outlined in Florida Statutes § 768.81(d), you may not have grounds for pursuing compensation.

Negligence vs Strict Liability in Defective Product Claims

When pursuing compensation for injuries caused by defective products in Fort Lauderdale, Florida, it’s crucial to understand the legal theories of strict liability and negligence. These concepts determine how responsibility is established and the burden of proof in product liability cases.

Negligence in Product Liability Claims

In negligence-based claims, the focus is on proving that the manufacturer or supplier acted irresponsibly or carelessly in some aspect of the product’s design, production, or marketing. This means demonstrating that the defendant failed to uphold a reasonable standard of care, which directly resulted in the plaintiff’s injuries. Negligence requires:

  • Breach of Duty: Showing that the manufacturer’s conduct fell below the expected standard of care.
  • Causation: Establishing a direct link between the negligent actions and the injuries suffered.
  • Damages: Proving the extent of harm or losses incurred due to the defective product.

For example, negligence might be claimed if a company ignored safety protocols during the manufacturing process, leading to a defect that caused harm when the product was used as intended.

Strict Liability in Product Liability Claims

In contrast, strict liability eliminates the need to prove negligence. Under strict liability laws applicable in Fort Lauderdale, Florida, a manufacturer can be held responsible for defects in their products regardless of their intentions or the level of care exercised. Key points of strict liability include:

  • Focus on the Product: It centers on whether the product itself was defective and whether this defect caused harm.
  • No Need to Prove Fault: Unlike negligence, strict liability does not require demonstrating that the manufacturer acted negligently. Instead, the plaintiff must prove that a defect existed and directly caused their injuries.
  • Types of Defects: Strict liability applies to defects in design, manufacturing, or inadequate warnings about potential dangers.

For instance, if a consumer is injured by a power tool due to a design flaw that was present when it left the manufacturer, strict liability would likely apply.

To learn more about Florida’s negligence laws or strict liability, contact our product liability attorneys in Fort Lauderdale, Florida.

How Much Money Can I Get For My Product Liability Lawsuit in Fort Lauderdale, Florida

When evaluating the potential value of your product liability case in Fort Lauderdale, Florida, several factors come into play. These factors include:

  1. Extent of Injuries: The severity and long-term implications of your injuries are primary considerations in determining compensation. This includes medical treatments required and any future medical needs.
  2. Impact on Your Life: The extent to which your injuries affect your ability to work, participate in daily activities, and enjoy life plays a crucial role in calculating damages.
  3. Economic Losses: Compensation may cover lost wages or income due to your inability to work because of the injury.
  4. Non-Economic Damages: These include pain and suffering, emotional distress, and loss of enjoyment of life.
  5. Punitive Damages: In cases involving gross negligence or intentional misconduct by the manufacturer, punitive damages may be awarded to punish the defendant and deter similar conduct in the future.

Statistical Insights on Product Liability Awards

Product liability lawsuits are known for yielding substantial compensation and often result in some of the highest jury awards among personal injury claims:

  • In 2020, the median jury verdict for product liability cases was $3.8 million, with an average award of $7.2 million.
  • Cases involving defective medical devices, for example, had a median award of $4.04 million.

Insurance companies place significant emphasis on defending against product liability claims, underscoring the need for plaintiffs and their attorneys to advocate vigorously for fair compensation.

How Are Settlements Negotiated in Fort Lauderdale Product Liability Claims?

In Fort Lauderdale, navigating product liability claims often involves negotiating settlements to resolve disputes efficiently outside of court. Here’s an overview of how this process typically unfolds:

  1. Initial Claim Filing: To initiate a product liability claim in Fort Lauderdale, it’s crucial to file a detailed claim outlining the injuries sustained due to the defective product. This claim is submitted to the parties believed responsible, which may include manufacturers, distributors, or retailers.
  2. Discovery Process: Following the claim, both sides engage in a discovery phase. This involves gathering evidence such as product records, expert testimonies, and medical reports. The goal is to build a strong case supporting liability and the extent of damages.
  3. Negotiation Phase: Once sufficient evidence is gathered, negotiation for a settlement begins. This phase is critical as it determines whether the case will proceed to trial or be resolved beforehand. Attorneys play a key role here, advocating for fair compensation based on the evidence of liability and damages.
  4. Settlement Agreement: If both parties agree on terms, a settlement agreement is drafted. This document outlines the compensation amount and any other terms agreed upon, resolving the case without the need for a trial.

Product liability settlements aim to provide timely compensation to injured parties while avoiding the uncertainties and costs associated with prolonged litigation. They also allow plaintiffs to receive compensation sooner, addressing medical expenses, lost wages, and other hardships caused by the defective product.

To learn more about factors that affect settlement amounts reach out to our knowledgeable Fort Lauderdale product liability lawyers. We can help you understand the potential value of your defective product claim.

What Happens If I No Longer Have the Defective Product?

If you no longer have the defective product, it can present challenges to your case, but it doesn’t necessarily mean you can’t file a claim. Here’s what you should consider:

  1. Compiling Documentation: While you may not have the physical product, gathering any available documentation such as photos, videos, purchase receipts, and packaging details can still support your claim.
  2. Medical Records: Detailed medical records documenting your injuries and treatments are crucial. These records can establish a link between your injuries and the use of the defective product.
  3. Witness Statements: Statements from anyone who witnessed the incident or the aftermath can provide additional evidence to support your case.

It’s also advisable to refrain from contacting the manufacturer or any insurance company directly. They may attempt to gather information that could potentially weaken your claim. Instead, direct any inquiries to your product liability attorney in Fort Lauderdale, Florida at Schilling & Silvers Property and Accident Attorneys. We specialize in handling cases involving defective products and can provide expert guidance tailored to your situation.

Is There a Time Limit To File a Product Liability Claim in Fort Lauderdale, Florida?

In Fort Lauderdale, Florida, understanding the statute of limitations for product liability claims is crucial if you’ve been injured due to a defective product. Here’s what you need to know:

  • Statute of Limitations: Typically, you have four years from the date of injury to file a product liability claim in Fort Lauderdale. This time frame is critical as it determines your eligibility to seek compensation for your injuries caused by a defective product.
  • Exceptions and Considerations: It’s important to note that the statute of limitations can vary based on the specifics of your case. Factors such as when the injury was discovered or should have been discovered can influence the deadline for filing your claim. Consulting with a knowledgeable Fort Lauderdale product liability lawyer at Schilling & Silvers Property and Accident Attorneys can help clarify these nuances.
  • Statute of Repose: Florida also has a statute of repose, which imposes an absolute deadline of twelve years from the date the product was delivered to its first purchaser or lessee. This applies even if the injury was discovered later, with limited exceptions.
  • Legal Guidance: If you believe you have a product liability claim, it’s essential to act promptly within the applicable time limits. Delaying could jeopardize your ability to seek compensation. Our experienced legal team can assess your case, navigate the complexities of the law, and ensure your rights are protected throughout the legal process.

Experienced Defective Products Lawyer in Fort Lauderdale, Florida

At Schilling & Silvers Property and Accident Attorneys in Fort Lauderdale, Florida, our team of experienced lawyers understands the complexities of defective product injuries. With a proven track record of advocating for clients harmed by dangerous products, we bring extensive legal knowledge and a commitment to securing fair compensation.

Whether you’ve been injured by a malfunctioning device, hazardous pharmaceutical, or any defective product, our attorneys are dedicated to fighting for your rights. We provide personalized attention, strategic counsel, and steadfast representation to ensure you receive the justice and compensation you deserve.

Contact us today to schedule a consultation and let us guide you through every step of your defective product claim.

In addition to Fort Lauderdale, locations which our legal team serves include Hialeah, Pompano Beach, Coral Springs, Plantation, and more.