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Can you file a lawsuit for an accident if you're to blame?

Florida product liability laws limit how long a person or family has to claim for injuries or death. The statute of limitations is four years from the date of injury to a person or property; for a wrongful death, you have only two years to take action in court.

It's important to hold manufacturers and those who sell to consumers responsible for any injuries they cause, particularly if they're aware of defects or problems with products that could result in injury or death.

Interestingly, if you are at fault for an accident with a product in some way, you may still be able to file a lawsuit. You're likely to be limited in how much you can claim. For example, if you were 80 percent at fault for an accident but the product causes $100,000 in damage, the manufacturer, designer or other party may have to pay for $20,000 of the damage. You can't file a claim for product liability issues if you have only economic losses. There must be damage to property or injuries to people to pursue a claim.

The court has to determine if there is a defect in the design of the product, a manufacturing defect or a marketing defect. If the defect leads to unreasonable danger, then you have a chance of winning your case. You should keep any photographs, videos or information regarding your injuries and the defects the product caused to prove that it is a danger to you and to others. With the right evidence, you have the potential to win your case.

Source: FindLaw, "Florida Product Liability Laws," accessed April 12, 2018

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