Consumers in Florida who suffer injuries from defective products have a limited window to take legal action. Unlike a statute of limitations, which depends on when an injury occurs or is discovered, the statute of repose sets a final deadline based on the age of the product itself—regardless of when harm arises. This cutoff can impact the outcome of a product liability lawsuit, even in serious injury cases. Knowing how this legal deadline works is essential for protecting your rights.

What Is Florida’s Statute of Repose for Product Liability?

Florida law places a 12-year statute of repose on most product liability claims. This means that if a product causes injury more than 12 years after it was first sold or delivered, the injured party may be barred from filing a lawsuit, even if the injury occurred recently.

This is outlined in Florida Statutes § 95.031(2)(b), which states that no product liability claim can be brought more than 12 years after the delivery of the product to its first purchaser. Importantly, this time limit applies regardless of when a defect is discovered.

How the Statute of Repose Differs from the Statute of Limitations in Florida

It’s easy to confuse these two legal terms, but they operate very differently:

• Statute of limitations: Begins when the injury is discovered or should reasonably have been discovered. In Florida, product liability claims generally have a 2-year statute of limitations from the date of injury.
• Statute of repose: Starts when the product is first delivered to the initial buyer, not when the injury happens. It expires after 12 years, even if the injury happens afterward.

For example, if a consumer buys a power tool in 2010 and it causes a serious injury in 2024, any product liability lawsuit would be dismissed because it falls outside the 12-year repose period.

Exceptions to Florida’s Statute of Repose

While Florida's statute of repose is strict, there are limited exceptions that can extend or bypass the 12-year cutoff. These include:

• Products with a useful life of 10 years or less: If a product’s expected useful life is under 10 years, the statute of repose may be reduced accordingly.
• Fraud or concealment: If the manufacturer intentionally hid a defect or engaged in fraud, courts may allow the statute to be tolled.
• Latent defects: Some courts may make allowances if the defect was completely hidden and unknowable, but this is rare.
• Exposure to harmful substances: In cases involving toxic exposure (e.g., asbestos), courts have sometimes allowed longer periods to bring claims.

Even when exceptions might apply, proving eligibility is often difficult without legal guidance.

Implications for Consumers and Injury Victims in Florida

The statute of repose places significant pressure on injury victims to act quickly and retain documentation. Key consequences include:

• Evidence loss: Over time, manufacturers may destroy older records or stop carrying replacement parts, making it harder to prove defects.
• No legal recourse: If the 12-year window has passed, consumers have no legal remedy—even if the product is clearly defective.
• Product recalls irrelevant: A product could be recalled for safety issues, but the statute of repose still blocks claims filed too late.

This means injured consumers can be left with medical bills and damages without any way to hold the manufacturer accountable.

Types of Claims Affected by the Florida Statute of Repose Deadline

The statute of repose applies to most product-related personal injury lawsuits, including claims involving:

• Defective auto parts
• Household appliances
• Power tools and industrial machinery
• Consumer electronics
• Medical devices (in some cases, though separate rules may apply)
• Children’s toys and products

For products like pharmaceuticals or implanted medical devices, separate timelines under federal law or other statutes may come into play. Victims should consult with an attorney to determine which deadlines apply.

How to Protect Your Rights Early

Since the clock starts ticking from the date of sale—not the date of injury—it’s essential to take certain precautions:

• Keep purchase records: Maintain receipts, serial numbers, and product manuals that show the date of purchase and delivery.
• Register products: Product registration helps establish when you became the owner and can be helpful if recalls or defects are later discovered.
• Act promptly: If an injury occurs, contact a lawyer as soon as possible to evaluate your claim before the deadline expires.
• Preserve the product: Avoid disposing of or altering the defective item, as it may serve as key evidence in your case.

Manufacturers and the Push for Time Limits

One reason statutes of repose exist is to protect manufacturers from open-ended liability. Over time, products wear out, get modified, or are used in ways not intended. From the manufacturer’s perspective, defending claims based on older items becomes unfair and difficult.

However, this approach leaves consumers in a difficult position—especially when a defective product fails after more than a decade of use. For this reason, critics argue that Florida’s statute of repose puts profits ahead of public safety.

Legal Help Can Make the Difference

Even if a case seems barred by the statute of repose, legal options might still exist. An experienced attorney can assess whether an exception applies or if other legal strategies—such as pursuing claims under warranty law or consumer protection statutes—could be available.

In some cases, the origin of the product’s delivery date might be disputed, which could impact the repose period. A lawyer may also be able to subpoena internal records from the manufacturer to uncover whether they knowingly allowed a defective product to remain on the market.

Conclusion

Florida’s 12-year statute of repose for product liability creates a firm deadline for filing claims involving defective products. Unlike a statute of limitations, this legal cutoff isn’t affected by when an injury occurs—it’s based solely on when the product was first sold. This deadline can block lawsuits even in cases of clear manufacturer fault. To avoid missing your opportunity for justice, act quickly after any product-related injury and consult with a qualified attorney.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Florida product liability claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve. 

Contact us now for a free legal review.