Florida Defective Product Attorneys

At DearLegal, we connect you with experienced Florida defective product attorneys who understand the state’s 12-year products statute of repose under Fla.

Free to use — no fee unless you win
Matched with a Florida attorney in 24 hours
30,000+ plaintiffs served nationwide

Free Florida defective product case review

A Florida attorney will take a look. Or call 1-833-WELEGAL.

How we match your Florida defective product case

When you submit a Florida defective product matter, we route it through a national network of independent partner firms and put it in front of the one that fits best — based on the kind of case it is, what it is likely to involve, where it has to be handled, and who has capacity to take it on now.

Case type

A defective product matter needs someone who handles defective product work day to day, not a generalist. Practice area is the first filter.

Size and complexity

Some firms are built for catastrophic injury and multi-party litigation; others resolve straightforward claims quickly. We weigh what your matter is likely to involve against how each firm actually works.

Jurisdiction and licensing

Your matter is decided under Florida law, so it goes to an attorney licensed in Florida who regularly appears where your case would be heard.

Capacity and fit

Availability, conflicts of interest and language all matter. If the best-fit firm cannot take your case, we route it to the next one that can — or tell you plainly when no one in the network is the right answer.

Every partner reviews your case for free. Injury and workers’ compensation matters are handled on contingency — no fee unless you win. Other matters are quoted upfront, before you commit to anything.

Get started How DearLegal works

DearLegal provides marketing and matching services and is not a law firm. Submitting a case does not create an attorney-client relationship. Matches depend on case type, jurisdiction and firm availability.

Exhibit A

What happens with a defective product claim in Florida

Day 0
It happens.
Get medical care and keep every record — photos, names, the report number. In Florida, what you document now is what your claim is built on.
Within 24 hours
Tell us what happened.
Two minutes on this page. A Florida defective product attorney reviews it for free and, if it’s a fit, you’re matched within 24 hours.
Weeks 1–4
Your attorney builds the file.
Reports, medical records, witnesses, camera footage, insurance policies. This is the part insurers hope you skip.
Months 1–6
Demand and negotiation.
Your attorney sends a demand and negotiates with the insurer. Florida’s fault rule matters here — Modified comparative fault, 50% bar (Fla. Stat. § 768.81, as amended by HB 837 in March 2023). Pre-HB 837 cases applied pure comparative fault..
Before the 4-year deadline
Suit is filed if it has to be.
Florida gives 4 years from the date it happened. Filing keeps your leverage; missing it ends the claim.
Resolution
Settlement or verdict.
You pay nothing along the way. The fee — typically 33% — comes only out of what’s recovered. If nothing is recovered, you owe nothing.

Statute of Limitations: 4 years
4 years from injury (Fla. Stat. § 95.11(3)) for products; reduced to 2 years for general negligence after HB 837 — but products SOL remains 4 years for now.
Statute of Repose: 12 years
12 years from delivery of the product to the first purchaser (Fla. Stat. § 95.031(2)(b)); 20 years for products with useful life over 12 years if defect was concealed.
Strict Liability Standard: Restatement
Restatement (Second) § 402A adopted in West v. Caterpillar (1976); Aubin v. Union Carbide (2015) reaffirmed § 402A and rejected Restatement (Third).
Comparative Fault Rule: 50%
Modified comparative fault, 50% bar (Fla. Stat. § 768.81, as amended by HB 837 in March 2023). Pre-HB 837 cases applied pure comparative fault.
Products Liability Statute: No code
No comprehensive code; common law § 402A governs. Fla. Stat. § 768.1257 (state-of-the-art defense); § 768.81 (comparative fault).
Typical attorney fee: 33%
33%–40% contingency — no fee unless you win

Florida adopted strict products liability under Restatement (Second) § 402A in West v. Caterpillar Tractor Co. (1976) and applies the risk-utility test for design defects (Aubin v. Union Carbide Corp., 2015 — rejecting Restatement Third). Florida is now a modified comparative fault state with a 50% bar after HB 837 (March 2023) — Fla. Stat. § 768.81. The state has a 12-year products statute of repose under Fla. Stat. § 95.031(2)(b), one of the longer SORs in the country. The 4-year statute of limitations runs under Fla. Stat. § 95.11(3), longer than most states. Florida recognizes medical monitoring as a recoverable element of damages in toxic-tort cases when present exposure and increased risk are shown (Petito v. A.H. Robins).

Exhibit B

When to call a defective product attorney in Florida

Does any of this sound like you? Tap what applies.

Exhibit C

Defective Product cases we take in Florida

Which one is closest to yours?

Auto and vehicle defects

Takata airbags, GM ignition switches, tire failures (especially heat-related in Florida), rollover SUVs, sudden acceleration. Florida is a top auto-defect litigation state.

Sound like yours? A Florida attorney reviews it free — no fee unless they win.

Start my free review

Exhibit D

How much do Florida defective product attorneys cost?

Sample settlement statement

Florida · Defective Product

Recovery$100,000

Attorney fee · 33%− $33,000

Case costs (advanced by firm)repaid at the end

To you$67,000

Due today$0

Try a different recovery$100,000

$5,000$3,000,000

Illustrative only. Your fee terms are set in a written agreement with your attorney and may include costs and expenses regardless of outcome.

Most Florida defective product attorneys work on contingency: the fee is a share of what they recover, and nothing if they don’t.

Florida defective product attorneys work on contingency under Florida Bar Rule 4-1.5(f) — sliding scale starting at 33.33% pre-suit and rising to 40% after filing, with reductions on recoveries above $1M. With Florida’s 12-year SOR and post-HB 837 modified comparative fault, skilled counsel is critical. Case costs are advanced by the firm.

A good attorney walks through every number at your free consultation — before you sign anything.

Get startedTakes about two minutes. No obligation.

Exhibit E

What your Florida defective product compensation can include

A Florida defective product recovery is built from several parts. Tap one to see what it covers.

Economic Damages

Medical bills, future medical care, lost wages, lost earning capacity, property damage. No cap.

DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.

Exhibit F

Florida defective product questions, answered

Still unsure? Tell us what happened and a Florida attorney will review it for free.

Start free review

Florida recognizes manufacturing defects, design defects (analyzed under risk-utility per Aubin), and failure-to-warn defects. The plaintiff must prove the product was defective when it left the manufacturer and the defect caused the injury during foreseeable use.

Manufacturing defects are unit-level. Design defects affect the entire product line. Failure-to-warn defects mean the product is safe with proper warnings but the manufacturer didn’t give them. Florida plaintiffs often plead all three.

Yes. Florida courts impose spoliation sanctions for product destruction (Martino v. Wal-Mart). Photograph, secure, and send preservation letters before anyone inspects or alters the product.

Manufacturers, distributors, wholesalers, and retailers — Florida applies the chain-of-distribution rule under § 402A. There is no broad innocent-seller statute, so retailers remain liable, though they have indemnity rights against manufacturers.

Federal recall notices are admissible as evidence of defect. Florida courts have allowed recalls to overcome the 12-year repose period when the defect was concealed (Fla. Stat. § 95.031(2)(d)).

Pre-suit offers often undervalue damages. After HB 837’s modified comparative fault change, manufacturers are more aggressive about pushing fault onto the plaintiff. Have a Florida attorney evaluate before signing.

Florida defective product attorneys work on contingency under Florida Bar Rule 4-1.5(f) — sliding scale: 33.33% on the first $1M before suit, 40% after filing, with reductions on higher recoveries. Clients may waive the cap with written agreement.