When a defective or dangerous product causes injury, Florida law gives you a window of time to seek justice and compensation. However, two legal concepts—known as the statute of limitations and the statute of repose—can dramatically affect your right to file a claim. Understanding the differences between these two statutes is essential if you or a loved one has been harmed by a product in Florida.
At Parrish & Goodman, Attorneys at Law, in Naples and Fort Myers, FL, we have the experience and knowledge to help you navigate these rules and secure the compensation you deserve.
What Is a Statute of Limitations?
A statute of limitations is the legal deadline for filing a lawsuit after an injury or wrongful act occurs. In Florida product liability cases, the statute of limitations is governed by Florida Statutes § 95.11(3)(e), which establishes a four-year time limit for filing personal injury claims arising from defective products.
This means that if you are injured by a defective product, you generally have four years from the date you knew or should have known of the injury and its connection to the product to file your lawsuit.
What Is a Statute of Repose?
A statute of repose is an absolute deadline that bars lawsuits after a certain period has passed since a product was first delivered or sold, regardless of when the injury occurred or was discovered. In Florida, the statute of repose for product liability is set forth in Florida Statutes § 95.031(2)(b).
This means that if a product was delivered more than twelve years ago, you generally cannot file a product liability lawsuit—even if you were just recently injured and did not know about the defect until now.
Statute of Limitations vs. Statute of Repose: Key Differences
- Triggering Event
- Statute of Limitations: Starts running from the date of injury or when the injury should have been discovered.
- Statute of Repose: Starts running from the date the product was first delivered or sold, regardless of injury or discovery.
- Purpose
- Statute of Limitations: Encourages prompt action by injured parties and helps preserve evidence.
- Statute of Repose: Provides finality for manufacturers and sellers, protecting them from indefinite liability.
- Effect on Lawsuits
- Even if you are within the four-year statute of limitations, you may still be barred if the twelve-year statute of repose has expired.
- Exceptions
- There are very limited exceptions to the statute of repose (e.g., for certain fraudulent concealment or warranties), but these are rare and difficult to prove.
Why Do These Statutes Matter in Product Liability Cases?
Both statutes are vital because missing either deadline can completely bar your claim, no matter how strong your case may be or how severe your injuries are. Manufacturers and insurance companies often use these deadlines to challenge claims—even when the defect is clear and the injuries severe. That’s why it’s critical to consult legal counsel promptly after an injury.
Parrish & Goodman: Florida Product Liability Attorneys You Can Trust
Parrish & Goodman, Attorneys at Law, have decades of experience representing clients in product liability and personal injury cases across Naples, Fort Myers, and the entire state of Florida. We:
- Analyze the details of your case to determine which deadlines apply
- Move quickly to preserve your rights and evidence
- Handle negotiations and litigation with manufacturers, sellers, and insurers
- Guide you through every step, from investigation to trial or settlement
- Ensure all paperwork and court filings meet strict statutory deadlines
5 Product Liability Statute FAQs
1. What if I discover a product defect after 12 years?
Generally, the statute of repose bars claims after 12 years, even if you only recently discovered the defect. There are very limited exceptions.
2. Can the statute of limitations ever be extended?
The four-year statute of limitations may be tolled (paused) in rare cases, such as for minors or fraud, but the statute of repose is much harder to extend.
3. Do these statutes apply to both personal injury and property damage?
Yes, the same statutes typically apply to product liability claims for both injury and property damage.
4. Does the statute of repose apply to all products?
The statute of repose generally applies to most products, but certain products (such as aircraft or improvements to real property) may have different rules.
5. How soon should I contact an attorney after a product-related injury?
Immediately. The sooner you contact an experienced product liability attorney, the better your chances of protecting your rights and meeting all deadlines.
Contact Parrish & Goodman, Attorneys at Law
If you or a loved one has been injured by a defective product, don’t risk losing your right to compensation due to missed deadlines. Parrish & Goodman, Attorneys at Law, in Naples and Fort Myers, are ready to help you understand your rights and aggressively pursue your case.Call or visit our website today for a free consultation and take the first step toward justice and recovery.
