Florida Product Liability Statute of Limitations (2026)

What Is the Florida Product Liability Statute of Limitations?

Florida’s statute of limitations includes two deadlines that may apply to personal injury lawsuits. One applies to lawsuits based on negligence. This deadline is two years after the cause of action accrued.

The other applies to strict liability for defective products. This deadline is four years after the action arose.

Product liability cases may assert claims based on negligence and strict liability. For example, an injured person might assert that the manufacturer failed to exercise reasonable care in testing its products to verify that they were safe. This claim is based on negligence.

Additionally, a Florida personal injury lawyer might assert that the manufacturer is strictly liable for injuries caused by its defective products. The attorney only needs to prove that the product was defective and that the defect caused the injury. This principle is called strict liability because the manufacturer’s knowledge about the defect and the reasonableness of its actions to prevent it are irrelevant.

Understanding Florida's Statute of Repose for Product Liability

Florida has a complicated statute of repose intended to protect manufacturers from being forever liable for injuries caused by their products. Under this law, manufacturers cannot be sued if the injury occurs more than 12 years after the product sale. This statute of repose only applies to products, such as consumer products, with a useful life of ten years or less.

However, this law includes a key exception. It applies when the victim was exposed to or used the defective product before the 12 years expired, but their injury did not “manifest” until after the deadline passed. In this case, the normal two-year period for negligence claims and four-year period for strict liability claims will apply.

For example, suppose you used Roundup herbicide regularly when you worked on a farm. Twenty years passed before you were diagnosed with Roundup side effects, such as non-Hodgkin lymphoma. You can file a Roundup lawsuit in Florida alleging strict liability within four years of that diagnosis.

Types of Product Defects That Can Lead to Liability Claims

The following product defects can support a strict liability claim:

• Design defects
• Manufacturing defects
• Warning defects

Design defects are inherent in the product design. Manufacturing defects occur during the product’s assembly or manufacture. Warning defects happen when the product lacks instructions explaining how to use the product safely or warnings against product hazards.

When Does the Statute of Limitations Begin to Run?

The starting date for the statute of limitations depends on the nature of the injury. When the injury resulted from a single incident, such as an accident involving a defective product, the period starts on the injury date. For example, if you were injured when a defective appliance malfunctioned and electrocuted you, the period begins on the accident date.

However, other injuries and diseases occur without any obvious injury. These injuries can result from the use of dangerous drugs, chemicals and building materials. In these cases, the discovery rule applies. Under this rule, the time starts when the victim discovers the injury or should have discovered it through reasonable diligence.

Thus, the time starts running when the victim obtains a diagnosis or reasonably should have sought a diagnosis based on the symptoms they experienced.

Exceptions That Can Toll or Pause the Statute of Limitations

There are two critical exceptions to the deadlines imposed by Florida law. The first pauses the statute of limitations for minors and people who are mentally incapacitated. However, this section only applies if the victim does not have a parent or guardian who can sue on the person’s behalf. The second exception pauses the statute of repose if the manufacturer conceals the defect.

How Product Defenses Can Impact Your Time to File

The manufacturer can present several defenses, including the non-existence of a defect and your misuse of the product. As a result, your attorney will want to include as many different claims as possible. This strategy ensures you have other claims you can assert if you lose some to the manufacturer’s defenses.

To preserve as many of the claims as possible, you will need to file before the two-year statute expires. If you wait, you might only have one claim based on strict product liability.

Identifying Who You Can Sue in a Product Liability Case

One of the steps your lawyer will take before filing a lawsuit is identifying the at-fault party for your injuries. You will need to act quickly so your lawyer has time to identify the manufacturer as well as anyone else in the supply chain who may be liable, including the manufacturer’s suppliers and the retailer that sold the product to you.

What Damages Can You Recover in a Florida Product Liability Case?

You can seek compensation for economic losses, such as doctors’ bills and wage losses. You can also recover compensation for your non-economic losses, such as pain and suffering.

Get Legal Help Before Your Product Liability Deadline Expires

ConsumerShield can help you determine your filing deadline and find legal representation for your case. Contact us for a free case evaluation.