Florida Product Liability Forms

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Florida Product Liability FAQ

What is product liability? 

Products liability refers to the liability of any or all parties along the chain of manufacture of any product for damage caused by that product. This includes the manufacturer of component parts, an assembling manufacturer, the wholesaler, and the retail store owner.

How can I recover for harm from a product? 

Product liability suits may be brought by the consumer or someone to whom the product was loaned. While products are generally thought of as tangible personal property, products liability law has stretched that definition to include intangibles (gas), naturals (pets), real estate (house), and writings (navigational charts).

In order to prevail on a product liability claim, the product complained of must be shown to be defective. There are three types of product defects that incur liability in manufacturers and suppliers: design defects, manufacturing defects, and defects in marketing. Design defects are inherent; they exist before the product is manufactured. While the item might serve its intended use, it can be unreasonably dangerous to use due to a design flaw. Manufacturing defects occur during the construction or production of the item. Only a few out of many products of the same type are flawed in this case. Defects in marketing deal with improper instructions and failures to warn consumers of latent or hidden dangers in the product.

What law governs a product liability claim? 

Products liability claims can be based on negligence, strict liability, or breach of warranty of fitness depending on the jurisdiction within which the claim is based. In a strict liabilty theory of liability, the degree of care exercised by the manufacturer is irrelevant, as long as the product is proven to be defective, they will be held liable for the harm resulting from the defect.

Many states have enacted comprehensive products liability statutes. These statutory provisions can be very diverse such that the United States Department of Commerce has promulgated a Model Uniform Products Liability Act (MUPLA) for voluntary use by the states. Claims may be based on the common law of the states or on the Uniform Commercial Code (UCC). Article 2 of the UCC deals with the sales of goods and it has been adopted by most states. The most important products liability sections are the implied and express warranties of merchantability in the sales of goods §§ 2-314 and 2-315. Products liability is derived mainly from tort law.

Top Questions about Florida Product Liability Forms

  • How do I file a tort claim in Florida?

    To file a tort claim in Florida, you typically must submit a notice of claim to the appropriate government entity or party. It involves gathering evidence and completing necessary documentation correctly. Utilizing Florida Product Liability Forms can simplify this process, ensuring you meet all legal requirements efficiently.

  • What is the statute 786.81 in Florida?

    Statute 786.81 in Florida concerns the limitation of liability for sellers of non-defective products. This law provides certain protections for sellers, unless they had prior knowledge of a product defect. Awareness of this statute is essential when dealing with claims, so ensure your Florida Product Liability Forms are properly completed for clarity.

  • What is the statute 768.1257 in Florida?

    Statute 768.1257 addresses the liability of product manufacturers and sellers for defective products. It specifies the conditions under which they can be held accountable for injuries or damages caused. To effectively pursue such claims, making use of Florida Product Liability Forms can enhance your chances of success.

  • What is the statute 95.21 in Florida?

    Statute 95.21 in Florida pertains to the statute of limitations for claims made against governmental entities. It establishes specific timeframes for filing personal injury suits against these entities. If your case involves such a claim, utilizing Florida Product Liability Forms can streamline your filing process.

  • What is the product liability statute in Florida?

    In Florida, the primary product liability statute is found in Chapter 768 of the Florida Statutes. This statute outlines the responsibilities and liabilities of manufacturers, distributors, and sellers of products. For those considering filing claims, Florida Product Liability Forms can assist in documenting your case effectively.

  • What is the statute 429.29 in Florida?

    Statute 429.29 in Florida addresses the liability of assisted living facilities. It outlines the standards these facilities must meet regarding the care and treatment of residents. When discussing Florida Product Liability Forms, understanding this statute can help you navigate potential issues related to personal injury claims in such establishments.

  • How long do you have to file a product liability case?

    You typically have four years to file a product liability case in Florida, starting from the date of the incident. This time frame urges you to act quickly to protect your rights and seek compensation. By preparing with Florida Product Liability Forms, you can simplify the filing process and ensure all required information is included.

  • How long do you have to make a liability claim?

    In Florida, you have up to four years to make a liability claim related to product defects. Timing is crucial, so it is wise to initiate your claim process as soon as possible. Make sure to collect all necessary information and complete the Florida Product Liability Forms to ensure you are ready to file on time.

  • What is the strict product liability rule?

    The strict product liability rule means that manufacturers, distributors, and retailers can be held liable for defective products regardless of negligence. Under this rule, the injured party needs to prove that a defect exists and that it caused harm. It's essential to use resources like Florida Product Liability Forms to ensure you properly document your case.

  • What is the sol for product liability in Florida?

    The statute of limitations (SOL) for product liability in Florida is four years. This legal time frame requires you to file your claim within this period to preserve your rights. Using Florida Product Liability Forms can help streamline the process and keep you organized as you pursue your claim.