Product liability Cases

Introduction

The Consumer Product Safety Commission (CPSC) estimates that defective and dangerous products are responsible for tens of thousands of emergency room visits across Florida every year — and most victims never know they had a viable legal claim against the manufacturer. When a company puts a product into the market with a manufacturing defect, a design flaw, or without adequate warnings about known risks, every party that sold it to you may be liable under Florida law. Rothenberg Law has successfully recovered compensation for clients in Fort Lauderdale and throughout South Florida who were stabbed, cut, maimed, burned, and killed by defective products. These cases require engineering knowledge, expert evidence, and a level of detail that goes well beyond a standard personal injury claim. Call today — and before you do anything else, preserve the product and all packaging. That is the foundation of your case. 

Product liability Cases

Defective Product Cases Rothenberg Law Handles in Florida

Rothenberg Law handles product liability claims across a wide range of product categories throughout Fort Lauderdale and South Florida, including: 

  • Defective power tools and home appliances — electrical failures, fire hazards, and mechanical defects 
  • Contaminated food products — illness and injury caused by pathogen contamination or mislabeled allergens 
  • Defective vehicle components — tire failures, brake defects, defective airbags, and accelerator malfunctions 
  • Dangerous children’s toys and products — choking hazards, toxic materials, and structural failures 
  • Defective medical devices and implants — hip replacements, surgical mesh, pacemakers, and insulin pumps 
  • Pharmaceutical and drug liability — defective medications, improper dosing instructions, undisclosed side effects 
  • Industrial and construction equipment defects — machinery guards, safety equipment failures 
  • Defective ladders and scaffolding — structural failures causing falls 
  • E-cigarette and vaping device explosions — battery failures causing burns and facial injuries 
  • Defective recreational equipment — bicycles, ATVs, boats, and sporting goods 

How Rothenberg Law Is Different

  • Rothenberg Law identifies the correct legal theory before building the case: manufacturing defect, design defect, or failure to warn each require a different investigation, different expert witnesses, and different proof at trial. 
  • We retain certified engineering and product safety experts who examine the item, document the exact failure mechanism, and are qualified to testify at trial. 
  • We name every party in the chain of distribution — manufacturer, distributor, and retailer — which means multiple insurance policies and greater overall recovery potential. 
  • We research the CPSC recall database, FDA safety alerts, prior consumer complaints, and internal company communications to establish that the manufacturer had prior knowledge of the defect. 
  • Rothenberg Law prepares every product liability case as if it is going to trial — large manufacturers have in-house legal teams and we match that preparation. 

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

When a defective product injures you in Florida, you may be entitled to recover compensation from every party in the chain of distribution, including: 

  • All medical treatment costs — emergency care, surgery, hospitalization, and specialist care 
  • Rehabilitation and physical therapy costs 
  • Future medical expenses for injuries requiring long-term or recurring treatment 
  • Lost wages during your recovery 
  • Loss of future earning capacity for permanent injuries affecting your ability to work 
  • Pain and suffering — physical pain and emotional distress 
  • Disfigurement — burns, scarring, and amputation are common outcomes in product liability cases 
  • Punitive damages — available when a manufacturer knew of the defect and concealed it or refused to issue a recall 

How We Handle Your Case — Step by Step

  1. Call Rothenberg Law and preserve everything immediately: the product, packaging, photographs of the defect and your injuries, purchase records, and user manuals. 
  2. We conduct an initial case review to identify the likely defect type and every party in the chain of distribution who may share liability. 
  3. We retain a qualified engineering or product safety expert to examine the item and document the failure mechanism in detail. 
  4. We search the CPSC recall database and FDA safety records for prior notices, and check litigation databases for similar claims against the same manufacturer. 
  5. We build a complete damages case documenting all injuries, surgeries, ongoing treatment costs, and lost income. 
  6. We present the demand to the manufacturer’s insurer and negotiate aggressively. If they refuse fair compensation, Rothenberg Law litigates in Broward County’s 17th Judicial Circuit or federal court. 

Why Preserving Evidence Immediately Is Critical in Product Liability Cases

  • The defective product itself is the single most important piece of evidence in your case. Do not repair it, clean it, or discard it. The moment you call, Rothenberg Law instructs you on exactly how to preserve it. 
  • Manufacturers may modify the product or issue a recall after your injury, changing the very design you need to prove was defective. Rothenberg Law documents the product’s condition before any changes occur. 
  • Florida’s product liability statute of limitations is two years from the date of injury under Fla. Stat. § 95.11. A separate statute of repose under Fla. Stat. § 95.031 bars claims more than 12 years after the product’s first delivery to a purchaser. 
  • Other injured consumers may be filing claims against the same manufacturer. Evidence and legal theories developed in related cases can significantly affect your recovery — acting early positions you to benefit from that parallel activity. 
  • Large manufacturers retain legal teams that begin working immediately after an injury report is filed. Early engagement by your attorney changes the dynamic and protects your claim. 

Frequently Asked Questions

What are the three types of product liability claims under Florida law? 

Florida recognizes three theories: (1) manufacturing defect — the product deviated from its intended design during production; (2) design defect — the product’s design is inherently unreasonably dangerous even when manufactured correctly; and (3) failure to warn — the manufacturer failed to provide adequate warnings about known risks. Florida product liability claims may be brought under strict liability, negligence, or breach of warranty theories. 

Who can be sued in a Florida product liability case? 

Any party in the commercial chain of distribution may be liable: the product manufacturer, component parts manufacturers, the wholesaler, the distributor, and the retailer. Florida allows strict liability claims — you do not need to prove the defendant was careless, only that the product was defective and caused your injury. 

What is the statute of limitations for a product liability case in Florida? 

Two years from the date of injury under Fla. Stat. § 95.11. Florida also has a statute of repose under Fla. Stat. § 95.031 barring most product liability claims more than 12 years after the product’s first delivery to a purchaser. Both deadlines are absolute. 

How much can I recover in a defective product lawsuit in Florida? 

Recovery depends on injury severity, medical costs, lost income, and the available insurance coverage of all defendants. Because multiple parties in the distribution chain can be named and each may carry substantial commercial liability insurance, product liability cases often have higher recovery potential than single-defendant personal injury claims. Rothenberg Law evaluates all defendants’ coverage and every damage category on the first consultation. Call for a free assessment. 

What if the product was recalled after my injury? 

A post-injury recall significantly supports your claim — it is the manufacturer’s own acknowledgment that the defect existed. Rothenberg Law checks the Consumer Product Safety Commission (CPSC) recall database and FDA safety notices as a standard step in every product liability case evaluation. 

Serving Fort Lauderdale, Broward County, and South Florida 

Rothenberg Law handles product liability cases throughout Fort Lauderdale and across South Florida, including Hollywood, Pompano Beach, Plantation, Coral Springs, and all of Broward County. Clients injured by defective products often receive care at Broward Health Medical Center, Memorial Regional Hospital, Holy Cross Health, and Cleveland Clinic Florida. Cases involving national manufacturers are litigated in the United States District Court for the Southern District of Florida or in Broward County’s 17th Judicial Circuit Court. 

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Speak With a Florida Product Liability Attorney Today

If a defective product injured you or a family member in Fort Lauderdale or South Florida, call Rothenberg Law today. 

Free consultation. No fee unless we recover compensation for you. 

Do not discard the product — call first so we can advise you on preserving the evidence your case depends on. 

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