November 05, 2018

by Leslie M. Kroeger, Adam J. Langino, and Diana L. Martin

Florida’s statute of repose for product liability actions is found at §95.031(2)(b), Fla. Stat., and provides, in part, that “[u]nder no circumstances may a claimant commence an action for products liability, including a wrongful death action or any other claim arising from personal injury or property damage caused by a product, to recover for harm allegedly caused by a product with an expected useful life of 10 years or less, if the harm was caused by exposure to or use of the product more than 12 years after delivery of the product to its first purchaser or lessee who was not engaged in the business of selling or leasing the product or of using the product as a component in the manufacture of another product.”1

With limited exception, all products, including motor vehicles, are conclusively presumed to have an expected useful life of 10 years or less.2 However, “[a]ircraft used in commercial or contract carrying of passengers or freight, vessels of more than 100 gross tons, railroad equipment used in commercial or contract carrying of passengers or freight, and improvements to real property, including elevators and escalators” are not subject to the statute of repose.3 For these products, “except for escalators, elevators, and improvements to real property, no action for products liability may be brought more than 20 years after delivery of the product to its first purchaser or lessor who was not engaged in the business of selling or leasing the product or of using the product as a component in the manufacture of another product. However, if the manufacturer specifically warranted, through express representation or labeling, that the product has an expected useful life exceeding 20 years, the repose period shall be the time period warranted in representations or label.”4

The full article can be accessed here.

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1. Fla. Stat. §95.031(2)(b)
2. Id.
3. Fla. Stat. §95.031(2)(b)(1)
4. Fla. Stat. §95.031(2)(b)(3)