What is Product Liability, Types of Product Defects and How to File a Claim
Updated: Jul 30
We live in a world where products promise to make life easier, faster, safer. From everyday
household appliances to medications and car parts, we trust that what we buy will work as
intended. But when a product is defective, that trust can quickly turn into injury—or worse.
That’s where product liability law steps in.
Product liability law is a specialised area where manufacturers and their insurers have experienced legal teams defending cases aggressively. This guide explains how product liability works in Florida, what types of defects give rise to a claim, who can be held responsible, and what steps to take to protect your rights.
At The G Law Group, we help individuals who’ve been harmed by unsafe or defective products understand their rights and fight for the compensation they deserve.
What Is Product Liability?
Product liability refers to the legal responsibility that manufacturers, distributors, and retailers have when their products cause injury due to defects. If something you bought was unsafe and caused harm, you may be entitled to file a claim.
Unlike most personal injury cases, you don’t always have to prove negligence in a product
liability claim. In some cases, it’s enough to show that the product was defective and that
defect caused your injury.
Strict Liability vs. Negligence in Product Liability Cases
Florida recognises two main legal theories in product liability cases. Under strict liability, you do not need to prove the manufacturer was negligent, only that the product was defective and caused your injury. Under negligence, you must show the defendant failed to exercise reasonable care.
Many cases involve both theories.
How to Prove a Product Is Defective
To succeed in a Florida product liability claim, you must generally establish: (1) the product was defective; (2) the defect existed when it left the manufacturer’s control; (3) the defect caused your injury; and (4) you suffered actual damages.
In practice this often requires expert testimony - engineers, medical professionals, or industry specialists - to demonstrate the product was unreasonably dangerous and the defect was the proximate cause of harm. The G Law Group works with qualified experts to build strong, evidence-based cases.
Types of Product Defects
There are three main types of product defects that can lead to liability:
Design Defects
The product was inherently unsafe from the start—even before it was manufactured.
For example, a car with an top-heavy design that makes it prone to rollovers.
Manufacturing Defects
The product’s design was safe, but something went wrong during production. Such as
a batch of medication contaminated at the factory.
Marketing or Labeling Defects
This includes failure to warn consumers about potential risks or improper instructions.
Common in cases involving pharmaceuticals, cleaning products, or tools.
Design Defect vs. Manufacturing Defect: What’s the Difference?
A design defect means the entire product line is inherently dangerous - every unit shares the same flaw because the problem lies in the design of the product. A manufacturing defect means the design was sound, but something went wrong during production with a specific unit or batch.
The distinction matters practically: design defects typically implicate the company that designed the product; manufacturing defects more often implicate the factory or component manufacturer.
Failure to Warn: What Counts as a Marketing Defect?
A failure-to-warn claim arises when a product carries risks that are not adequately disclosed to the consumer. The warning doesn’t need to be entirely absent - it can be too vague, buried in fine print, or insufficiently prominent. These claims are especially common in pharmaceutical cases. The current Ozempic and Wegovy litigation is a high-profile example of mass tort failure-to-warn claims.
Real-Life Defective Product Examples
A child’s toy that breaks into sharp pieces, causing injury.
A defective airbag that propels shrapnel at the driver.
A prescription drug that causes undisclosed side effects.
A faulty ladder that collapses under normal use.
If a product was supposed to help, but instead it hurt you—that’s not your fault.
Who Can Be Held Responsible in a Florida Product Liability Case?
Liability can fall on multiple parties in the product’s supply chain:
Manufacturers (of the product or components).
Wholesalers or distributors.
Retailers who sold the product.
Even if you didn’t purchase the product yourself—say, it was a gift—you might still have a product liability valid claim.
Florida follows a pure comparative fault rule. This means that even if you were partly at fault, for example you misused the product, you can still recover damages, which are reduced proportionally. Defendants frequently raise misuse as a defence; your attorney should anticipate and address this head-on.
How to File a Product Liability Claim in Florida
If you believe you have a defective product claim, take these steps:
Preserve the product and do not throw it away, repair it, or alter it in any way; the physical product is often the most critical piece of evidence.
Seek medical treatment immediately and keep all medical records/bills.
Document everything: photos of the product and your injuries, receipts, packaging, and any warnings on the label.
Contact a product liability attorney before speaking to the manufacturer’s insurance company.
Be aware of the statute of limitations - in Florida, you generally have two years from the date of injury to file a product liability lawsuit (Florida Statute § 95.11(3)(a)), reduced from four years by legislation effective March 2023. Missing this deadline will almost certainly bar your claim.
Why Call The G Law Group’s Product Liability Attorneys?
Product liability cases can be complex. Manufacturers have legal teams and insurance
companies on their side. You deserve someone on your side—someone who understands the law, the tactics, and what’s at stake.
The G Law Group has the product liability expertise necessary to help clients navigate these difficult situations and hold the responsible parties accountable. We dig deep, consult experts, and fight hard to get you justice.
Think You Might Have a Claim?
If you or a loved one has been injured by a defective product, don’t wait. Contact The G Law Group today for a free case evaluation. We’ll help you understand your rights—and what steps to take next.
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