Every product you use — from the car you drive to the medication you take to the appliances in your home — is supposed to be safe. Manufacturers, designers, and distributors have a legal duty to ensure their products do not pose unreasonable dangers to consumers. When they fail, and someone is seriously injured or killed, Florida law holds them accountable.
Product liability and wrongful death cases are among the most complex in personal injury law. They require attorneys who can go toe-to-toe with corporate legal teams, retain world-class experts, and finance the kind of investigation these cases demand. Terrell Hogan Law has been doing exactly that for over 50 years, recovering more than $1 billion for our clients.
Three Types of Product Defects Under Florida Law
Florida product liability law recognizes three categories of defects that can make a manufacturer or seller liable for injuries:
1. Design Defects
A design defect means the product was dangerous from the start — not because of a manufacturing error, but because the design itself was flawed. Even a perfectly manufactured product can be unreasonably dangerous if it was designed without adequate safety features or with known risks that could have been avoided.
2. Manufacturing Defects
A manufacturing defect occurs when something goes wrong during production. The design may be sound, but a mistake on the assembly line, contaminated materials, or a quality control failure results in a product that does not meet its intended specifications — and injures someone as a result.
3. Failure to Warn (Marketing Defects)
Even a well-designed, well-manufactured product can be dangerous if consumers are not adequately warned about its risks. Failure-to-warn claims arise when a company does not provide sufficient instructions, safety labels, or disclosures about known hazards.
Products That Commonly Lead to Liability Claims
- Defective vehicle components — airbags, tires, brakes, child car seats
- Dangerous pharmaceutical drugs and medical devices
- Defective household appliances and power tools
- Children’s toys with choking or chemical hazards
- Asbestos and other toxic material exposure
- Industrial machinery and workplace equipment
Learn more about our defective product injury practice.
Florida’s Wrongful Death Act: Who Can File a Claim?
When a defective product causes a death, the Florida Wrongful Death Act allows certain family members to seek compensation through a wrongful death lawsuit. The claim must typically be filed within two years of the date of death and is brought by the personal representative of the estate on behalf of survivors.
Eligible survivors under Florida law include:
- The surviving spouse
- Minor children
- Parents (if the deceased was a minor)
- Any blood relative or adoptive sibling who was partly or wholly dependent on the deceased
Damages in wrongful death cases can include loss of financial support, loss of companionship and guidance, mental pain and suffering, medical and funeral expenses, and lost future earnings. Read more about what counts as wrongful death in Florida.
Why These Cases Require Serious Legal Resources
Product liability cases are not something a general practice attorney can handle effectively. They require:
- Retaining engineers, scientists, and medical experts to prove the defect
- Funding extensive discovery, depositions, and expert testimony
- Going against corporate defense teams with unlimited budgets
- Willingness and ability to take the case to trial
Terrell Hogan Law has the resources, the expertise, and the trial record to handle even the most complex product liability and wrongful death cases. Our team includes medical doctors, expert witnesses, and skilled investigators who work alongside our attorneys to build the strongest possible case.
Talk to a Product Liability Attorney Today
If you or a family member has been harmed by a defective product, or if you have lost a loved one because of someone else’s negligence, Terrell Hogan Law is here to help. Contact us for a free, confidential consultation.
Call (904) 632-2424 or contact us online to speak with an attorney.
