Partner
Mark J. Miller
Learn about Mark’s background and approach to representing injured people.
Read Mark’s bio →When an everyday product causes an injury
Fort Lauderdale Product Liability Lawyer
A battery overheated, a tool failed, or a piece of equipment gave way during an ordinary day in Fort Lauderdale. Now you are dealing with an injury, and the seller is talking about a refund. We help investigate what failed, who may be responsible, and the losses a supported claim could address.
Free consultation. No attorney fee unless we recover compensation.
50+ years
Combined legal experience
230+ trials
Combined trial experience
South Florida
Served from Pompano Beach
Free consultation
A place to start
The first decisions
Before the item is returned, understand what needs preserving.
You do not need to identify the engineering problem. Start with treatment and a clear description of what you saw. Evidence can change quickly when a store accepts a return or a company arranges a repair. Discuss safe preservation before the product changes hands.
Care comes first.
Stop using the suspect product and get care for the injury. An overheating battery, leaking fuel container, or damaged electrical item may remain dangerous. Follow emergency and recall instructions. Do not operate it again to demonstrate the problem.
Record the details.
If safe, photograph the exact unit, labels, serial number, packaging, and place of the incident. Keep the receipt, rental paperwork, and messages from the seller. Note whether anyone else saw the failure or handled the item afterward.
Ask before it changes hands.
A warranty exchange may send the item to a warehouse or contractor you do not know. Keep the return request and shipping details. We can discuss documentation and an appropriate inspection. Safety comes first; evidence preservation should never require keeping a dangerous item at home.
Not sure whether a product defect, poor maintenance, or someone’s conduct caused the harm? Our Fort Lauderdale personal injury team can review how those issues fit together.
More than a broken item
You bought something to make life easier. The injury did the opposite.
The replacement may arrive before you can return to work or manage the stairs comfortably. Tell us about those effects. The review should address the injury rather than treating the purchase price as the entire loss.
Understanding the failure
A broken product is the beginning of the question.
We look for a defect with legal significance and evidence linking it to the injury. The explanation might concern one faulty unit, a broader design, or information users needed. Age, repairs, maintenance, and how the item was used need attention too.
Manufacturing
How it was made
The individual item may differ from its intended design. A bad weld, missing fastener, or contaminated batch can make an otherwise sound product unsafe.
Design
How it was designed
The problem may be built into the product itself. We look at the alleged danger, how the product was expected to work, and the legal test that applies.
Warnings and instructions
What users were told
The review may concern a danger users were not adequately warned about. It also asks whether an adequate warning would have helped prevent this injury.
Who supplied the product?
A manufacturer, component maker, distributor, or seller may need investigation. Being in that chain does not automatically make every business liable.
What does strict liability mean?
It can allow a claim without proving the manufacturer was careless. A defect, the company’s connection to the product, and legal causation still matter. Florida’s Aubin decision discusses those principles.
A useful first conversation
The store wants the item back. You need to know what that changes.
Keep the company’s request and tell us where the product is now. A first call can address documentation, safety, and the records that may help identify the parties involved.
The Fort Lauderdale circumstances
Find the product before the return or rental file disappears.
A Fort Lauderdale retailer, hotel, marina-related business, employer, or rental company may control the item after you are hurt. Tell us who took possession, whether it was repaired, and where it was sent. Those facts can shape an evidence request.
A visitor or renter
If the item was rented during a Fort Lauderdale stay, keep the agreement, booking, handover photos, and incident report. Record the staff member you spoke with. Returning home does not eliminate the need to identify and preserve the unit that was used.
A resident or worker
For a product used at home or at work, save the model number and purchase or supply record. Tell us about replacements, modifications, and service visits. A workplace incident can raise compensation and third-party issues, depending on the facts.
Checking for a recall? Search the exact model on the U.S. Consumer Product Safety Commission recall page. A recall can provide useful information and safety instructions. It does not decide an individual injury claim, and the absence of one does not settle whether a defect existed.
From review to claim
An explanation must survive a closer look at the evidence.
The question is not simply whether the product failed. It is how the failure caused your injury and who can legally answer for it.
1
Look at the whole account
We begin with the unit, the circumstances, and the injury. Purchase, rental, or service records can identify parties worth investigating without assuming the seller alone must pay.
2
Test the explanation
A qualified inspection may be needed to distinguish a defect from wear, alteration, or poor maintenance. We discuss how inspection and testing can preserve the item and fairly document what is found.
3
Connect the injury and losses
We connect treatment, work limits, and other losses to the injury, then assess the claims and defenses the evidence supports. That analysis guides any demand or lawsuit.
The right deadline depends on the claim.
Florida law includes a four-year period for certain product-injury actions. Negligence and wrongful death claims can involve shorter, two-year periods. The claim type, dates, and exceptions need careful review under section 95.11.
Many products also face a separate 12-year limit tied to delivery to the first buyer or lessee who was not reselling it. Exceptions and discovery rules can affect the analysis under section 95.031. Do not assume a recent injury means there is plenty of time.
What the injury has changed
The item’s value says little about the injury’s cost.
Compensation depends on the facts, available claims, and proof. We look at the injury’s effects, rather than guessing a value from the product’s cost.
Care and recovery
Treatment, rehabilitation, and supported future care needs may be part of the claim. Product failures can cause serious burn injuries or other lasting harm.
Work and daily life
Lost earnings, reduced ability to work, pain, and loss of normal activities may matter. A catastrophic injury can require a longer view of those needs.
A family’s loss
If the injury was fatal, a wrongful death claim involves its own rules about who can recover and which losses can be included.
Meet Miller & Jacobs
The partners behind the firm
Mark Miller and Rick Jacobs bring decades of combined legal and trial experience to the firm’s work for injured people.
Partner
Rick S. Jacobs
Learn about Rick’s background and experience handling injury cases.
Read Rick’s bio →Before you call
Questions about the next decision
These concerns often come up before anyone knows exactly why a product failed. A consultation can help put your particular facts in context.
The store offered a refund. Does that cover my injury?
A Fort Lauderdale store’s refund or replacement addresses the purchase. It does not automatically resolve an injury claim. Keep the offer and any release, including electronic terms. Have those terms reviewed before agreeing that the matter is finished.
Can I ask for help if I was injured while visiting Fort Lauderdale?
Yes. Tell us where the injury happened, where you live, and who supplied or now holds the product. Those facts help assess the appropriate forum, governing law, and how evidence can be obtained.
The company says I caused the failure. What now?
Keep the company’s response and explain how you used the item, including changes or repairs. That allegation needs investigation. Under Florida’s comparative fault rules, fault can reduce recovery and, in covered actions, may bar it when the injured person is more than 50% at fault.
Is this the same as joining a class action?
Not necessarily. A case about your physical injury may focus on your own treatment and losses. A class action may concern a different issue, such as buyers’ financial losses. Any related proceeding needs review before deciding how to proceed.
Do I need to know what kind of defect caused the injury?
No. Describe what you observed without trying to test or dismantle the product. Determining whether the issue concerns manufacturing, design, warnings, or another cause is part of the investigation.
The product is already gone. Is it too late to call?
Missing the item can make proof harder, but the remaining evidence still needs assessment. Photos, messages, purchase records, incident reports, and witness accounts may help. Tell us when, why, and to whom the item was returned or discarded.