Product Liability Attorney in Apopka, Florida
When global manufacturers prioritize speed-to-market over real safety testing, the result can be a defective, unreasonably dangerous product that explodes, ignites, malfunctions, or fails at the worst possible moment—causing catastrophic injuries, mounting medical bills, and lost wages.
We don’t treat these cases like routine accidents. We treat them like what they are: a consumer protection fight against a powerful company that will deny, delay, and defend its profits.
We Hold Manufacturers Accountable for Dangerous Products
Understanding “Strict Liability” in Florida
In many product liability cases, Florida law allows injured consumers to pursue strict liability—which means you don’t always have to prove the manufacturer was “negligent” (careless). Instead, the focus is often on whether the product was defective and unreasonably dangerous when it left the defendant’s hands, and whether that defect caused your injuries.
That’s a major advantage for injury victims. Manufacturers will still fight hard on causation, product misuse, and evidence—but strict liability helps shift the spotlight to the product itself: what went wrong, why it was unsafe, and who in the chain of distribution should be held responsible.
The Three Types of Product Defects
Most defective product claims fall into one (or more) of these categories:
- Design Defect: The product was dangerous before it was even built—because the design itself failed the consumer expectation test or fails a risk-utility analysis (for example, a vehicle design prone to rollover).
- Manufacturing Defect: The design may be safe, but a mistake in the manufacturing process made your specific unit unsafe (for example, a contaminated batch of medication or a weakened component that fractures).
- Marketing Defect (Failure to Warn): The product lacked adequate warnings, labeling, or instructions—such as not warning about flammability, a choking hazard, chemical exposure, or proper safety steps.
Common Defective Product Cases in Apopka
Florida’s economy—tourism, heavy driving corridors, boating and recreation, and a large retiree population—creates real patterns in the defective product cases we see.
Defective Auto Parts (Airbags, Tires, Brakes)
A defective airbag, tire, or braking system can turn a survivable crash into a tragedy—especially at highway speeds on I-4 or the Turnpike. Florida is also a high-risk state for certain airbag failures because long-term heat and humidity can worsen known defects.
Dangerous Children’s Toys & Furniture
Imported toys with lead paint, choking hazards, tip-over furniture (dressers), and missing safety guards can cause severe injuries—especially when warnings and instructions are inadequate or ignored in marketing.
Lithium-Ion Battery Fires (E-Bikes & Vapes)
Lithium-ion batteries can ignite, explode, or overheat when defective, poorly labeled, or improperly designed—leading to burns, smoke inhalation, and even house fires.
Medical Devices & Dangerous Drugs
From implants to CPAP machines to recalled pharmaceuticals, defective medical products can be uniquely complex—often involving the FDA regulatory landscape, expert testimony, and sometimes coordinated litigation across jurisdictions.
The “Chain of Distribution”: Who Do We Sue?
Product liability isn’t just about suing the manufacturer. One of the most important strategies in these cases is identifying every responsible party in the chain of distribution—because that’s how you find accountability and real insurance coverage.
Depending on the facts, that can include:
- The manufacturer
- The distributor / wholesaler
- The retailer (big box stores or local Apopka shops)
- Any entity that altered, repackaged, relabeled, or marketed the product
This is how we pursue the “deep pockets” that can actually pay for the harm caused—and how we prevent the blame game between corporate defendants from burying your case.
Critical Florida Product Liability Laws
The Statute of Limitations
Florida’s time limits can be confusing because product cases may involve multiple legal theories (strict liability, negligence, breach of warranty).
- Negligence-based personal injury claims were shortened by Florida’s 2023 tort reform (HB 837) and are commonly discussed as a 2-year deadline in many injury scenarios.
- Product liability claims are often associated with a 4-year limitations period under Florida’s limitations statute, depending on the claim type and how it’s pleaded.
Bottom line: waiting is risky. Evidence disappears, products get repaired or discarded, and defenses get stronger. The safest move is to speak with an Apopka personal injury lawyer.
The 12-Year Statute of Repose
Florida also has a “hard stop” in many products cases: a statute of repose that can bar claims 12 years after delivery to the first purchaser, regardless of when the injury happens (with certain exceptions depending on the situation and product category).
Modified Comparative Negligence
Manufacturers often argue you “misused” the product, modified it, ignored instructions, or caused the failure yourself. Under Florida’s modified comparative negligence rule, if a jury finds you more than 50% at fault, you may recover nothing.
That’s why we build these cases around documentation, engineering analysis, and a clean narrative—before the defense controls the story.
Evidence We Preserve in Product Liability Cases
Don’t Throw It Away (Spoliation of Evidence)
The product is the evidence.
If you throw away the exploding toaster, return the defective toy, or repair the vehicle before the defect is documented, you may unintentionally damage your claim through spoliation of evidence.
What we do instead:
- Preserve the item and all packaging, labels, and instructions
- Secure purchase proof (receipt, credit card statement, loyalty records)
- Arrange inspection and testing with qualified engineers and expert witnesses
- Document chain-of-custody so the defense can’t claim contamination or tampering
Compensation for Product Injuries
Economic & Non-Economic Damages
A serious defective product injury can create massive out-of-pocket costs and long-term harm. Depending on the facts, compensation can include:
- Medical expenses and future care
- Lost wages and reduced earning capacity
- Disfigurement (burns/scars), disability, and emotional distress
- Pain and suffering and loss of enjoyment of life
Punitive Damages
In some product cases, punitive damages may be available when evidence shows a company knew about a dangerous defect and chose profits over safety—such as hiding internal test results, burying complaints, or delaying a recall. These cases require strong proof and experienced litigation strategy.
Contact Our Apopka Product Liability Attorneys Today
Kennon Law attorneys can see why your claim was denied and help you file an appeal. If the insurance company is acting in bad faith and denying a legitimate, well-documented claim, we may also be able to file a bad-faith insurance lawsuit on your behalf. Contact us today for more information.
Frequently Asked Questions
Yes. We can often prove purchase through credit card statements, retailer records, warranty registrations, online order history, or store loyalty accounts.
Insurance companies often deny fire damage insurance claims for insufficient documentation. If the insurer believes your negligence or intentional actions caused the fire, they also may decline to pay the claim. If your claim is denied, a Fire damage attorney in Apopka may be able to help you file an appeal.
You may still have a claim. Used products raise extra issues—condition, modifications, missing warnings—but liability can still apply, especially when the defect is inherent to the design/manufacture or the warnings were inadequate.
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Have questions or need legal assistance? Contact Kennon Law today for expert guidance on personal injury and insurance claims.
