Florida law places time limits on filing product liability lawsuits—even when injuries are severe or damages are extensive. These time bars don’t just limit claims—they can eliminate them entirely. One of the most definitive legal cutoffs is the statute of repose, which differs significantly from the better-known statute of limitations.

For Florida consumers injured by dangerous or defective products, knowing how the statute of repose works is essential to preserving legal rights. Here's what sets this rule apart and how it affects the timeline for filing product liability claims in the state.

What Is the Statute of Repose in Florida Product Liability Law?

Unlike the statute of limitations—which starts counting from the date of injury—the statute of repose is a hard deadline based on the date a product was first delivered or sold. Once that period expires, claims are permanently barred, even if the injury occurs later.

Florida’s 12-Year Deadline for Product-Related Injuries

Under Florida Statutes § 95.031(2)(b), the statute of repose for product liability cases is 12 years from the date the product was delivered to its first purchaser. This rule applies broadly to claims involving design defects, manufacturing defects, and failure to warn.

However, there's an important distinction:

• If the product has a “useful life” of 10 years or less, the repose period is 12 years.
• If the product is warranted or expected to last more than 10 years, the statute of repose may extend to the longer of the product’s useful life or 12 years.

For instance, if a water heater is expected to function for 15 years and is involved in a burn injury incident during year 13, the statute of repose may not bar the claim—depending on how courts interpret the product’s expected lifespan.

How the Statute of Repose Differs from Florida's Statute of Limitations

These two time-based rules often get confused, but they serve different purposes and have different triggers.

Statute of Limitations: Triggered by Injury

In Florida, a typical product liability lawsuit must be filed within four years from the date the injury occurred (or was discovered). This is outlined under Florida Statutes § 95.11(3)(e).

Statute of Repose: Triggered by Sale

In contrast, the statute of repose starts running when the product is delivered or sold, not when the injury happens. This means someone injured by an old product may find their case barred—even if they file within four years of the injury.

Example:

If a lawnmower is sold in 2010 and a person is injured in 2024, the 12-year repose period would have expired in 2022. Even though the injury just occurred, the claim may be dismissed.

Why Florida’s Statute of Repose Matters in Product Liability Cases

Product injuries don’t always happen right away. Many involve long-term exposure, wear-and-tear, or latent defects that only surface years after a product is purchased.

But Florida’s statute of repose cuts off liability regardless of how or when the defect is discovered. That means timing is everything, especially with products that remain in use for years or even decades.

Types of Cases Affected

• Medical devices: Pacemakers, hip implants, and surgical mesh
• Home appliances: Faulty stoves, water heaters, or dryers
• Automobiles: Brake failures, airbag malfunctions, or seatbelt issues
• Children’s products: Car seats, cribs, and toys with choking hazards

Limited Exceptions to Florida’s Statute of Repose

Florida law allows very few exceptions to the statute of repose. Even cases involving catastrophic injuries or wrongful death can be barred if the product’s delivery date exceeds the repose period.

Fraudulent Concealment

In rare cases, if a manufacturer actively hides a defect, a court may consider tolling the statute. But courts require clear evidence of intentional concealment, which can be difficult to prove.

Government Claims and Breach of Warranty

The statute of repose doesn’t apply to:

• Claims brought by the government
• Breach of express warranty if the warranty extends beyond the normal repose period

However, courts apply these exceptions narrowly. Injured parties shouldn’t assume they’ll apply in their case without legal guidance.

How the Statute of Repose Impacts Legal Strategy

Product liability attorneys in Florida must evaluate not just the timing of the injury but the history of the product itself—when it was first sold, how long it’s expected to last, and whether warranties or exceptions apply.

Challenges for Consumers

• No discovery rule for the statute of repose: Even if a defect isn't discovered until year 13, the claim is usually barred.
• Old inventory or resale purchases: The repose clock starts when the product is first sold, not when the current owner acquires it.

Legal Tools for Plaintiffs

• Product traceability: Pinpointing the manufacturing or sale date is essential.
• Expert testimony: Establishing a product's expected lifespan can help argue that the claim fits within the permitted window.
• Preservation of evidence: Keeping the defective product intact can be a deciding factor.

Protecting Your Rights After a Defective Product Injury

Because the statute of repose may extinguish your claim before an injury even occurs, it’s critical to act quickly after any incident involving a defective product.

Consumers should:

• Save receipts, product manuals, and packaging that show when a product was sold
• Keep the product if it causes injury, without modifying it
• Consult a product liability attorney as soon as possible—even if the injury seems minor

A qualified attorney can determine whether the statute of repose has run out and assess other legal strategies to pursue compensation.

Conclusion

Florida’s statute of repose in product liability cases is a powerful legal barrier that can eliminate valid claims based solely on the passage of time. With a 12-year cutoff from the product’s sale or delivery—regardless of when an injury occurs—this rule forces injured consumers to act swiftly. If you’ve been harmed by a defective product, don’t wait to investigate your legal options. A delay could permanently close the door to justice.

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 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.