Defective Equipment Injuries & Product Liability Claims in Florida
When defective equipment causes injury, manufacturers, distributors, and sellers can be held accountable. Understand your rights under Florida product liability law.
Injured by defective equipment? Contact Cardinal Law at 239-610-0845 for a free consultation about your product liability claim.
Defective equipment injuries affect thousands of Americans every year. From power tools that malfunction to machinery that fails without warning, defective equipment can cause catastrophic injuries including amputations, burns, electrocution, and even death.
When equipment fails due to design flaws, manufacturing defects, or inadequate warnings, victims have the right to pursue product liability claims against manufacturers, distributors, and retailers. Florida's product liability laws allow injured parties to recover compensation for medical expenses, lost wages, pain and suffering, and more.
This comprehensive guide explains defective equipment injuries, how product liability claims work in Florida, who can be held responsible, and the steps you need to take to protect your rights and maximize your compensation.
In This Guide:
What Are Defective Equipment Injuries?
Defective Equipment Injury Definition: Physical harm caused by equipment or products that fail to perform safely due to design flaws, manufacturing errors, or inadequate safety warnings.
Defective equipment injuries occur when tools, machinery, appliances, vehicles, or other products malfunction or fail to work as intended, resulting in harm to the user or bystanders. These injuries can range from minor cuts and burns to catastrophic injuries like amputations, spinal cord damage, or death.
Common Examples of Defective Equipment
Power Tools
- • Circular saws without blade guards
- • Power drills that overheat
- • Nail guns that misfire
- • Grinders with defective safety switches
Industrial Equipment
- • Forklifts with brake failures
- • Defective scaffolding systems
- • Faulty safety harnesses
- • Malfunctioning conveyor belts
Consumer Products
- • Exploding batteries (phones, e-cigarettes)
- • Defective ladders that collapse
- • Lawn mowers with safety defects
- • Pressure cookers that explode
Medical Devices
- • Defective hip/knee implants
- • Faulty pacemakers
- • Defective IVC filters
- • Malfunctioning surgical instruments
Types of Equipment Defects
Under Florida product liability law, defective equipment falls into three main categories. Understanding which type of defect caused your injury is crucial to building a successful claim.
1. Design Defects
Design defects exist before the product is even manufactured. The product's design is inherently unsafe, making all products of that type dangerous.
Examples:
- • Power saw designed without proper blade guard
- • Vehicle designed with top-heavy structure causing rollovers
- • Space heater designed with inadequate tip-over protection
- • Ladder designed with insufficient weight capacity
Key Point: With design defects, EVERY unit of that product model is potentially dangerous, not just the one that injured you.
2. Manufacturing Defects
Manufacturing defects occur during the production or assembly process. The design may be safe, but something went wrong in manufacturing your specific unit.
Examples:
- • Defective weld in scaffolding causing collapse
- • Contaminated materials used in production
- • Missing safety component in one batch
- • Improper assembly of brake system
Key Point: Manufacturing defects affect only certain units, not the entire product line. The product deviated from its intended design.
3. Marketing Defects (Failure to Warn)
Marketing defects involve inadequate instructions, warnings, or labels about proper use and potential dangers.
Examples:
- • No warning label about electrical shock hazard
- • Insufficient instructions for safe operation
- • Missing warnings about known side effects
- • Inadequate labeling about age restrictions
Key Point: Even well-designed, properly manufactured products can be defective if they lack adequate warnings about non-obvious dangers.
Common Defective Equipment Injuries
Defective equipment can cause a wide range of injuries, from minor to catastrophic. Here are the most common injuries we see in product liability cases:
Severe Traumatic Injuries
- • Amputations (fingers, hands, limbs)
- • Crushing injuries
- • Traumatic brain injuries
- • Spinal cord injuries/paralysis
- • Severe lacerations requiring surgery
- • Loss of vision or hearing
Burn Injuries
- • Electrical burns from faulty wiring
- • Chemical burns from product leaks
- • Thermal burns from overheating equipment
- • Explosion-related burn injuries
- • Battery explosion burns
Orthopedic Injuries
- • Broken bones and fractures
- • Dislocated joints
- • Torn ligaments and tendons
- • Herniated discs from equipment failure
- • Repetitive stress injuries
Internal Injuries
- • Internal bleeding
- • Organ damage
- • Punctured lungs
- • Abdominal injuries
- • Chest trauma
Wrongful Death Cases
In the most tragic cases, defective equipment causes fatal injuries. When equipment failures result in death, family members can pursue wrongful death claims against manufacturers and other responsible parties. These claims seek compensation for funeral expenses, lost financial support, loss of companionship, and the pain and suffering endured by the deceased before death.
Who is Liable for Defective Equipment?
Florida product liability law allows injured parties to hold multiple entities responsible for defective equipment. You don't need to prove negligence in most cases—only that the product was defective and unreasonably dangerous.
1. Manufacturers
The company that designed and produced the equipment is typically the primary defendant in product liability cases.
This includes both the original equipment manufacturer and component part manufacturers if a defective part contributed to the injury.
2. Distributors and Wholesalers
Companies in the distribution chain can be held liable under Florida's strict liability laws, even if they didn't manufacture the product.
Distributors have a duty to ensure products are safe before placing them into the stream of commerce.
3. Retailers and Sellers
Stores and online retailers that sold the defective equipment can be held liable, even if they had no knowledge of the defect.
This includes big-box stores, specialty equipment suppliers, and online marketplaces.
4. Equipment Lessors/Rental Companies
Companies that lease or rent equipment have a duty to maintain safe equipment and can be liable for injuries caused by defective rental equipment.
Rental companies must inspect equipment regularly and remove defective items from circulation.
Strict Liability in Florida
Florida follows a strict product liability rule for defective products. This means you don't need to prove the manufacturer was negligent—only that the product was defective and unreasonably dangerous when used as intended. The defendant cannot escape liability by claiming they were careful or didn't know about the defect.
Proving a Product Liability Claim
To succeed in a defective equipment claim in Florida, you must prove several key elements. Your attorney will gather evidence to establish each component of your case.
What You Must Prove:
The Product Was Defective
Show that the equipment had a design, manufacturing, or marketing defect that made it unreasonably dangerous.
The Defect Existed When It Left the Manufacturer
Prove the defect was present when the product left the defendant's control, not caused by later modification or misuse.
The Defect Caused Your Injury
Establish a direct causal link between the equipment defect and your injuries.
You Used the Product as Intended (or in a Foreseeable Way)
Show you were using the equipment for its intended purpose or in a reasonably foreseeable manner.
Critical Evidence in Equipment Defect Cases:
Physical Evidence
- • The defective equipment itself (preserve it!)
- • Photographs of the equipment and defect
- • Photos of the accident scene
- • Packaging and instruction manuals
- • Purchase receipts and warranty information
Expert Analysis
- • Engineering expert testimony
- • Accident reconstruction reports
- • Product testing results
- • Industry safety standards analysis
- • Medical expert testimony on injuries
Documentary Evidence
- • Product recalls and safety alerts
- • Manufacturer's design documents
- • Quality control records
- • Prior complaints about the product
- • Similar incidents with same product
Medical Records
- • Emergency room reports
- • Diagnostic imaging (X-rays, MRIs)
- • Treatment records and bills
- • Prognosis and future medical needs
- • Disability assessments
CRITICAL: Preserve the Defective Equipment
Do NOT throw away, repair, or modify the defective equipment. It is the most important piece of evidence in your case. Store it safely and contact an attorney immediately to ensure proper preservation and expert examination.
Product Recalls and Your Rights
Product recalls are issued when manufacturers, regulators, or government agencies (like the Consumer Product Safety Commission) discover that a product poses safety risks. Understanding recalls is crucial for defective equipment injury claims.
Types of Product Recalls:
Class I Recall (Most Serious)
Dangerous or defective products that could cause serious injury or death. Examples: exploding batteries, defective airbags, contaminated medications.
Class II Recall (Moderate Risk)
Products that might cause temporary injury or pose medically reversible health threats. Most recalls fall into this category.
Class III Recall (Minor Risk)
Products unlikely to cause adverse health reactions but violate FDA regulations.
How Recalls Affect Your Claim:
If your injury occurred AFTER a recall was issued:
- •You may still have a claim, especially if you weren't notified of the recall
- •The manufacturer's duty continues even after issuing a recall
- •Retailers may be liable for continuing to sell recalled products
If your injury occurred BEFORE a recall was issued:
- ✓The later recall strongly supports your claim that the product was defective
- ✓It demonstrates the manufacturer knew or should have known about the danger
- ✓Evidence of the recall is highly valuable in your case
Check for Recalls:
If you've been injured by equipment, check these resources:
- • CPSC.gov - Consumer Product Safety Commission recall database
- • NHTSA.gov - Vehicle and equipment safety recalls
- • FDA.gov - Medical device and drug recalls
- • Manufacturer's website - Check for safety notices and recalls
Compensation in Equipment Defect Cases
Victims of defective equipment injuries can recover substantial compensation for their losses. Florida law allows recovery of both economic and non-economic damages.
Economic Damages
- •Medical expenses: Past and future medical bills, surgeries, therapy, medications
- •Lost wages: Income lost due to inability to work
- •Lost earning capacity: Reduced future income due to disability
- •Property damage: Repair or replacement costs
- •Rehabilitation costs: Physical therapy, occupational therapy, adaptive equipment
Non-Economic Damages
- •Pain and suffering: Physical pain and discomfort
- •Emotional distress: Anxiety, depression, PTSD
- •Loss of enjoyment of life: Inability to participate in activities
- •Disfigurement: Permanent scarring or physical changes
- •Loss of consortium: Impact on relationship with spouse
Punitive Damages
In cases where the manufacturer acted with gross negligence or intentional misconduct (such as knowingly selling dangerous equipment or concealing defects), Florida law allows punitive damages designed to punish the defendant and deter similar conduct. These damages can be substantial, sometimes exceeding compensatory damages.
Settlement Values for Defective Equipment Cases:
Settlement amounts vary widely based on injury severity, but here are general ranges:
Note: These are general ranges. Actual case values depend on many factors including severity of injury, liability strength, available insurance, and jurisdiction.
Frequently Asked Questions
How long do I have to file a defective equipment lawsuit in Florida?
Florida's statute of limitations for product liability claims is generally two years from the date of injury (per Fla. Stat. § 95.11(3)(a), reduced from 4 years by HB 837 in March 2023). However, there's also a statute of repose that bars claims more than 12 years after the product was delivered, with certain exceptions. Don't wait—contact an attorney immediately to protect your rights.
Can I sue if I modified the equipment before the accident?
It depends. If your modifications caused the defect, you may not recover. However, if the product was already defective and would have caused injury regardless of modifications, you may still have a claim. If the manufacturer should have foreseen your type of modification, they may still be liable. An experienced attorney can evaluate your specific situation.
What if I bought the equipment used or secondhand?
You can still pursue a claim against the manufacturer if the equipment was defective. However, you typically cannot sue the person who sold it to you unless they're in the business of selling that type of equipment. The key is proving the defect existed when the product left the manufacturer's control.
Do I need the original receipt or proof of purchase?
While helpful, proof of purchase is not always required. Your attorney can establish that you used the product through other means such as photographs, witness testimony, or expert analysis. However, receipts do help establish when you purchased the item and from whom.
What if the manufacturer is based outside the United States?
You can still pursue a claim. Foreign manufacturers who sell products in Florida are subject to Florida's product liability laws. Your attorney may sue the foreign manufacturer, the U.S. distributor, or the retailer where you purchased the product. Having multiple defendants can actually strengthen your case and increase potential recovery.
How long does a defective equipment case take?
Simple cases with clear liability may settle in 6-12 months. Complex cases involving severe injuries, multiple defendants, or disputes about causation can take 2-4 years or longer. Product liability cases often require extensive expert testimony and investigation, which takes time. Your attorney will work to resolve your case as efficiently as possible while maximizing your compensation.
Will I have to go to court?
Most defective equipment cases settle before trial. Manufacturers and their insurance companies often prefer to settle to avoid the risk of large jury verdicts and negative publicity. However, your attorney should be prepared to take your case to trial if necessary to secure fair compensation. Having an attorney willing to litigate often results in better settlement offers.
Injured by Defective Equipment?
Don't face manufacturers and their insurance companies alone. The experienced product liability attorneys at Cardinal Law have successfully represented clients injured by defective equipment throughout Florida. We have the resources to investigate complex product defect cases, hire expert witnesses, and fight for the compensation you deserve. We work on contingency—you pay nothing unless we win.
Wondering What Your Case May Be Worth?
Let's work on your case together
Through 13 years of experience and multi-millions recovered for our clients we offer the most premium legal services.
Visit Our Florida Offices
Cardinal Law has offices throughout Florida to serve you better. Our main office is in Naples, with additional locations by appointment.
Naples Office
Main Office9045 Strada Stell Court
Suite 305
Naples, FL 34109
Orlando Office
200 E Robinson Street
Suite 1120
Orlando, FL 32801
Tampa Office
401 East Jackson Street
Suite 2340
Tampa, FL 33602
Miami Office
848 Brickell Avenue
Suite PH5
Miami, FL 33131
Fort Myers Office
5237 Summerlin Commons Blvd
Suite 511
Fort Myers, FL 33907
© 2026 Cardinal Law, P.A. All rights reserved.