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
Orlando Product Liability Lawyer
A refund may replace the item. It does not pay for the injury. Miller & Jacobs helps people hurt by defective products understand what failed, who may be responsible, and what comes next. For an incident in Hollywood, see our Hollywood product injury guide.
Free consultation. No attorney fee unless we recover compensation.
50+ years
Combined legal experience
230+ trials
Combined trial experience
Orlando
Office on S. Kirkman Road
Free consultation
A place to start
The first decisions
Start with your safety and what you already know.
You do not need to diagnose the defect before asking for help. Begin with medical care, a clear account of what happened, and any information you can safely keep.
Care comes first.
Get treatment and describe how the injury happened. Stop using the suspect product. A hot battery, fuel leak, or chemical hazard needs safe handling, not home testing. Follow emergency and official recall instructions.
Record the details.
If safe, photograph the item, scene, model and serial numbers, and warning labels. Keep receipts, packaging, instructions, messages, and the names of witnesses. Write down what you were doing just before the failure.
Ask before it changes hands.
A return, repair, or inspection may change important evidence. If someone asks for the item, keep that request and discuss how it can be documented first. Never store a dangerous product just to preserve a claim.
Not sure whether a product defect, poor maintenance, or someone’s conduct caused the harm? Our Orlando personal injury team can review how those issues fit together.
More than a broken item
It was part of an ordinary day. Then the injury changed the rest of it.
Appointments, missed work, and help at home can take over. You deserve a clear explanation of your options while you focus on getting better.
Understanding the failure
What failed, and why did it hurt you?
A product can break without creating a valid injury claim. The investigation must connect a legally significant defect to the harm. These are three common ways a defect may arise.
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
Tell us what you were using and what happened.
You do not have to know which company is responsible or which kind of defect caused the injury. Start with the facts you have.
The Orlando circumstances
The injury happened here. The product may be somewhere else.
A store, employer, rental company, or hotel may control the item after the incident. Knowing who has it can be an important part of the review.
A visitor or renter
If you were hurt during an Orlando visit, keep booking or rental records and incident-report details. Tell us where the product is now and whether you have already returned home.
A resident or worker
For a household item or equipment used at work, identify the exact unit, who supplied it, and any repairs. Work-related injuries may involve workers’ compensation and a separate third-party claim.
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
Build an explanation that the evidence can support.
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 review what you were using, how it behaved, your injuries, and what records exist. That helps identify the product, possible defendants, and issues that need prompt attention.
2
Test the explanation
When appropriate, technical or medical review can help separate a defect from wear, misuse, maintenance, or another cause. Inspections should protect the condition of the evidence.
3
Connect the injury and losses
Medical records, work information, and other proof help explain the effect on your life. We assess responsibility, defenses, and the next legal step based on the evidence.
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 losses go beyond the price of the item.
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 refund addresses the item’s price. It does not by itself determine whether you have an injury claim. Keep the offer and any release or agreement that comes with it, and have its terms reviewed before signing.
Can I ask for help if I was injured while visiting Orlando?
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.