Products Liability Lawyer
Every product you buy carries an implicit promise: that it was designed, built, and sold to do its job without causing you harm. When a manufacturer, distributor, or retailer breaks that promise — through a dangerous design, a manufacturing flaw, or a failure to warn about known risks — and you are injured, Florida law gives you the right to hold them accountable. These cases range from defective vehicles and malfunctioning appliances to dangerous medical devices and unsafe consumer goods. What they share is a breach of the duty companies owe to the people who use their products.
Eric A. Hernandez of HLM Injury Lawyers represents injury victims in products liability cases throughout South Florida. His background as a former Assistant U.S. Attorney for the Southern District of Florida matters here: corporate defendants in these cases are usually large companies with in-house legal teams and experienced outside counsel. Eric has spent more than 25 years facing well-funded opponents, and he is admitted to the U.S. Supreme Court Bar.
If a defective product has hurt you or a family member, call HLM Injury Lawyers at (305) 842-2100 for a free consultation. We represent clients across Coral Springs, Parkland, Coconut Creek, Margate, Tamarac, Pompano Beach, and throughout Broward County.
Types of Defective Product Claims
Florida products liability law recognizes three categories of defect, each marking a different failure point in the chain from manufacturer to consumer.
Design Defect: The product is dangerous as designed — every unit carries the same flaw, no matter how well it was built. The danger is baked into the blueprint. Examples include a vehicle prone to rolling over under foreseeable conditions, a power tool without adequate guarding, or an appliance that poses an unreasonable fire risk.
Manufacturing Defect: The design is safe, but a specific unit departs from it during production — through faulty materials, assembly errors, or quality control failures. The product leaves the factory in a condition never intended. A tire that was improperly cured and fails at highway speed is one example.
Failure to Warn (Marketing Defect): Even a well-designed, well-built product can be defective if the company fails to warn users about known risks or to provide proper instructions. When a drug manufacturer hides a known side effect, or a chemical product lacks adequate safety instructions, that failure can be the basis for a claim.
Common Product Injury Scenarios
Products liability injuries occur across consumer and commercial settings. The scenarios we see most often include:
Vehicle Defects: Defective airbags, faulty seatbelts, tire blowouts, steering failures, and fuel system flaws can turn ordinary driving into a catastrophe. These claims often run alongside a car accident claim when a defect caused or worsened the crash.
Defective Appliances and Electronics: Dishwashers, dryers, space heaters, and other household appliances cause fires and injuries when they malfunction. Lithium-ion battery failures — in laptops, phones, and e-bikes — have produced severe burns.
Medical Devices: Hip replacements, spinal implants, surgical mesh, and similar devices have driven mass litigation when widespread failures harmed patients. These cases demand both medical and technical expertise.
Consumer Products: Children’s toys with choking hazards or toxic components, sporting equipment that fails under normal use, and personal care products with undisclosed dangerous ingredients all fall within the framework.
Industrial and Workplace Equipment: Presses, saws, forklifts, and scaffolding can injure workers when they lack safeguards or fail in operation. These cases often involve both workers’ compensation and a third-party claim against the equipment manufacturer.
Florida’s Strict Liability Framework
Florida follows the doctrine of strict products liability. Under it, you do not need to prove the manufacturer or seller was negligent — only that the product was defective and that the defect caused your injury. This protects injured consumers, because it removes the need to prove exactly what went wrong inside the plant or design process.
To succeed, the claim must establish that the product was defective (in design, manufacturing, or warnings); that the defect existed when it left the manufacturer’s or seller’s control; and that the defect was a legal cause of your injury.
These cases are not simple. Corporate defendants contest every element and hire engineers, industry experts, and medical consultants to build their defense. Eric anticipates that strategy and counters it with the same level of preparation.
Steps to Take After a Product Injury
Preserve the Product: Do not discard, repair, or return the defective product. It is physical evidence — often the most important evidence in your case. Store it safely and stop using it.
Seek Medical Care: Get evaluated and treated promptly. Your medical records document the injuries the product caused.
Document the Scene: Photograph the product, the packaging, any visible defects, your injuries, and the setting where the injury happened. Keep the original receipt or any proof of purchase.
Report the Defect: The U.S. Consumer Product Safety Commission (CPSC) accepts reports of dangerous products and can trigger investigations and recalls. A report does not replace a legal claim, but it creates a public record and may surface other injured consumers.
Contact an Attorney Before Communicating with the Manufacturer: Companies and their insurers move fast after product injuries. Do not agree to inspections, sign releases, or accept compensation offers before speaking with a lawyer.
Florida Law and Products Liability Claims
Statute of Limitations: Florida’s 2023 tort reform law (HB 837) reduced the statute of limitations for negligence claims to 2 years from the date of the accident, down from the prior 4-year period. The deadline is strict, so contact an attorney promptly.
Modified Comparative Negligence: If you are found 51% or more responsible for your injury — for example, by misusing a product in a way no reasonable user would — you cannot recover compensation. Below that threshold, including at exactly 50% fault, you can still recover, with your award reduced by your share of fault.
Multiple Defendants: A products liability claim can implicate multiple parties along the distribution chain — the manufacturer, component makers, distributors, and retailers. Eric identifies every entity that may bear responsibility and pursues all available recovery.
Why Hire Eric Hernandez for Your Products Liability Case
- A Prosecutor’s Perspective: Corporate defendants rely on the complexity of their operations to obscure accountability. Eric’s years as a federal prosecutor gave him the investigative tools to cut through it — issuing discovery demands, retaining technical experts, and building the documentary record that holds companies responsible.
- Direct Attorney Access: You speak with Eric directly throughout your case. He personally reviews your evidence, manages the experts, and drives the strategy. You are not handed off after the intake meeting.
- Trial-Ready Representation: Products cases against major manufacturers often end up in protracted litigation. Eric has more than 25 years of courtroom experience and is prepared to go to trial when settlement does not produce a fair result.
- Bilingual Service / No Fee Unless We Win: HLM Injury Lawyers serves clients in English and Spanish. These cases are handled on a contingency fee basis — you pay no attorney’s fees unless we recover compensation for you.
Frequently Asked Questions
Do I need to prove the company was negligent?
Not necessarily. Under Florida’s strict liability doctrine, you can prevail by proving the product was defective and caused your injury — without proving the company failed to exercise due care. Negligence theories may also apply as an additional path to recovery.
What if I was using the product in a way not described in the instructions?
This goes to comparative fault. If your use departed significantly from any reasonable intended use, it may reduce or eliminate your recovery. But failure-to-warn claims exist precisely for situations where a manufacturer’s warnings did not address ordinary or foreseeable misuse.
Can I still file a claim if the product has been recalled?
Yes. A recall does not eliminate your right to pursue compensation for injuries you already suffered. In fact, a recall is often evidence the manufacturer knew about the defect.
What if I do not know which company made the defective component?
We investigate that as part of building your case. Complex products like vehicles and medical devices involve multiple manufacturers, and identifying the responsible party is part of the work we do before filing.
How long does a products liability case take?
These cases can take longer than typical personal injury matters, especially when they involve large manufacturers or technical disputes. Cases tied to multidistrict litigation may follow a different timeline. We keep clients informed throughout.
Can family members recover if a defective product killed a loved one?
Yes. Florida’s wrongful death statute provides a legal avenue for surviving family members when a defective product causes a death. The statute of limitations for a wrongful death claim is 2 years.
Contact HLM Injury Lawyers — Free Consultation
When a defective product harms you, you should not have to absorb those costs alone. Call HLM Injury Lawyers at (305) 842-2100 for a free consultation, or reach out at hlminjurylawyers.com. We represent products liability victims throughout Coral Springs, Parkland, Coconut Creek, Margate, Tamarac, Pompano Beach, and all of Broward County.
Free consultation. No fee unless we win.