By Christopher Dyer, Partner at Lucas, Macyszyn & Dyer Injury Attorneys · Member, The Florida Bar · Last updated October 6, 2026
When a product you trusted, an appliance, a tool, a piece of equipment, a child’s item, causes injury, you may have a claim against the companies that made or sold it. These are product liability cases, and they turn on proving what went wrong. Here is what to do and how they work in Florida.
Three ways a product can be defective
A design defect: the product is unreasonably dangerous even when made correctly.
A manufacturing defect: something went wrong in production, so this unit is dangerous.
A failure to warn: the maker did not provide adequate instructions or warnings about a known risk.
Depending on what happened, the manufacturer, a component maker, or others in the chain may share responsibility.
What to do after a defective-product injury
Get medical care and, just as important, keep the product exactly as it is, along with the packaging, manual, and receipt. Do not repair, discard, or return it, since it is the central evidence. Photograph the product and your injuries, and note where and when you bought it.
How Florida Product Liability Claims Work and Key Deadlines
Product cases often rely on engineering and expert analysis, and it helps to know whether the product has been recalled. You can check recalls through the U.S. Consumer Product Safety Commission (CPSC). Fault can be shared under comparative negligence (Fla. Stat. § 768.81), and time limits apply (Fla. Stat. § 95.11), so it is best to act promptly.
What to do next
Get medical care and keep records.
Preserve the product, packaging, manual, and receipt, unchanged.
Check the CPSC for any recall, and save the notice.
Talk to a local attorney about a product liability claim.
Frequently asked questions
Who is responsible for a defective product injury? Depending on the defect, the manufacturer, a component maker, or a seller in the chain may be responsible, based on a design defect, a manufacturing defect, or a failure to warn.
What should I do with the product that hurt me? Keep it exactly as it is, with the packaging, manual, and receipt. Do not repair, discard, or return it, since it is the key evidence.
How do I know if the product was recalled? Check the U.S. Consumer Product Safety Commission. An attorney can also investigate recalls, warnings, and similar incidents.
Talk to a real attorney, free
If you or someone you love was hurt by a defective product in New Port Richey or anywhere in Pasco County, we are ready to help. Get a free case evaluation: no pressure, no obligation, and no fee unless we win your case. (Past results do not guarantee a similar outcome.)
Christopher Dyer is a partner at Lucas, Macyszyn & Dyer Injury Attorneys and a member of The Florida Bar. The firm has more than 20 years of experience and has recovered over $100 million for injured clients across West Central Florida.
This article is general information about Florida law, not legal advice, and reading it does not create an attorney-client relationship. Every case is different. Talk to an attorney about your specific situation.
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