How Does the Statute of Limitations Affect a Products Liability Claim?

Every state typically has its own time limit, known as a statute of limitations, by when a lawsuit must be filed.  If a person files a suit after the applicable statute of limitations has expired, his or her case may be barred. The state of Florida, like many states, has specific statutes of limitations that must be followed when filing a case. In general, the time frame depends on the type of claim you file.  If you have questions about your product injury case and when you should file, our team is well-versed in handling product liability litigation and is prepared to help clients with their cases. Our Florida injury lawyer explains below Florida’s statute of limitations for product liability cases.  

The Statute of Limitations for Florida Product Liability Cases  

In Florida, different case types have different statutes of limitations. For example, product liability cases have different time limitations than medical malpractice cases. 

For product liability cases specifically, the following statute of limitations apply:

• Four years: Certain types of product liability claims must be filed within four years, including:
  • An action founded on negligence. Fla. Stat. Ann. § 95.11 (3)(a)
  • An action for injury to a person founded on the design, manufacture, distribution, or sale of personal property that is not permanently incorporated in an improvement to real property, including fixtures. Fla. Stat. Ann. § 95.11 (3)(e)
  • A legal or equitable action on a contract, obligation, or liability not founded on a written instrument, including an action for the sale and delivery of goods, wares, and merchandise, and on store accounts. Fla. Stat. Ann. § 95.11 (3)(k)

• Two years: The following type of product liability claim must be filed within two years:
  • An action for wrongful death. Fla. Stat. Ann. § 95.11 (4)(d)

If you have questions about the applicable statute of limitations in your case, contact a Florida injury lawyer at Searcy Denney today. Our attorneys can help identify which types of product liability claims may be applicable to your case to help you determine the appropriate timing that may apply.

Contact a Florida Injury Lawyer at Searcy Denney Today

If you were injured by a defective product, contact a Florida injury lawyer. The attorneys at Searcy Denney have decades of combined experience handling injury cases, including cases involving injuries from products.  We fight for our clients at the negotiating table and in the courtroom. Call us toll-free at 800-780-8607 or contact us online to schedule a free initial consultation with a Florida injury lawyer. We have offices conveniently located in Tampa,  West Palm Beach and Tallahassee for clients to meet with us in person when necessary. Our team of dedicated legal professionals is ready to fight for you.