Product Liability in Florida

For a personal-injury action founded on the design, manufacture, distribution, or sale of personal property not permanently incorporated in a real-property improvement, Florida § 95.11(3)(d) sets a four-year period. For periods under § 95.11(3), § 95.031(2)(b) starts the clock when the facts giving rise to the claim were discovered or should have been discovered with due diligence. Other claim categories—including wrongful death, property damage, contract, or products incorporated into an improvement—must be classified separately. Florida's separate product-age repose rule uses first delivery to a noncommercial buyer and includes product-category and exceptions for a manufacturer's longer useful-life representation or labeling; that longer-warranty provision affects repose, not by itself the filing period. Preserve product, warranty, delivery, injury, and discovery records; these statutes do not determine insurance response.

What Is Product Liability Insurance?

Product liability can cover claims that a product you make, import, distribute or sell injured someone or damaged property. If your business handles products, describe every role in the supply chain and ask how the quote treats product damage and recall costs. Read the national Product liability guide.

What Should You Watch for With Product Liability Insurance in Florida?

  • Record when the product-related facts became known

    For product-liability periods under § 95.11(3), § 95.031(2)(b) runs the period from discovery, or when due diligence should have led to discovery, of the facts giving rise to the claim. Section 95.11(3)(d) allows four years for a personal-injury action founded on design, manufacture, distribution, or sale of personal property not permanently incorporated in an improvement to real property, including fixtures. Wrongful-death, property-damage, contract, and incorporated-product claims require separate classification; wrongful death is separately listed in § 95.11(4)(e). Give counsel the incident, injury, discovery, product, and incorporation facts before relying on a date. 2,1

  • Check first delivery and expected useful life

    For products with expected useful life of ten years or less, § 95.031(2)(b) generally bars claims for harm caused by exposure or use more than twelve years after delivery to the first purchaser or lessee outside the product-selling or component-manufacturing business. Most products are conclusively presumed to have a useful life of ten years or less, subject to listed categories and a manufacturer's express representation or labeling of a longer useful life. That representation or labeling changes the repose calculation described in § 95.031(2)(b); it does not by itself extend the four-year filing period in § 95.11(3)(d). Keep first-consumer delivery evidence and product-life representations. 1

  • Check the listed product categories and delayed-injury rules

    The statute excludes commercial aircraft, vessels over 100 gross tons, railroad equipment used in commercial or contract carrying, and improvements to real property (including elevators and escalators) from the general 12-year rule. For specified listed products, it provides a separate 20-year period, with an exception for elevators, escalators, and improvements to real property. A product used or encountered within the repose period may fall outside repose if the injury did not manifest until later; actual manufacturer concealment can toll repose. Counsel should assess the product category and facts before relying on any period. 1

  • Keep records about the accident and alleged defect

    Florida's comparative-fault statute defines a products-liability action broadly, including strict-liability, negligence, warranty, and similar theories, and addresses enhanced-injury cases by considering fault related to the accident. Preserve instructions, maintenance records, product condition, and incident evidence; ask counsel how the provision affects the specific claim. 3

Which Product Liability Providers Have Florida License Records?

These providers publish a national listing for Product liability; the license records below name the licensed entities and roles. Some records rely on company-reported information rather than independent regulator verification. A national listing does not confirm the product is available in Florida. Check the regulator’s license lookup and confirm state availability for your business when requesting a quote.

  • Vouch

    Insurance producer, Surplus-lines broker · checked 2026-09-28

    Vouch Specialty Insurance Services, LLC

    Vouch’s licenses page, effective January 16, 2025, lists producer licenses in all 50 states and DC. Its separate surplus-lines table includes Idaho number 870820, while a footnote says Georgia and Idaho do not issue agency-level surplus-lines licenses. Because those statements conflict for Idaho, this record keeps Idaho producer-only and does not treat the table number as established agency surplus-lines authority. The page is company-reported and does not establish product availability. 16

    Vouch lists product liability among the core coverages in its technology-company programs.

Who Regulates Insurance in Florida?

Florida Office of Insurance Regulation

The Florida Office of Insurance Regulation licenses and regulates insurance companies and reviews rates and forms. The Department of Financial Services separately licenses insurance agents and handles consumer insurance complaints; its resource page links to both state license searches. 4,5,6

Surplus-Lines Tax and Stamping Office in Florida

Reported tax rate. 4.94% of gross premium plus a 0.03% FSLSO service fee for policies effective July 1, 2026 or later 7,8,9

When Florida is the insured’s home state, Florida taxes the entire gross premium at 4.94%; the premium definition includes policy and similar insurance charges. The separate FSLSO service fee is 0.03% for policies effective July 1, 2026 or later. Surplus-lines policies do not receive Florida Insurance Guaranty Association protection.

Florida Surplus Lines Service Office

Questions to Ask Before You Buy Product Liability in Florida

  1. Can we document each Florida product's first delivery to a noncommercial buyer, expected useful life, and any manufacturer representation or labeling of a longer useful life?
  2. What dates should we capture when an injury appears after a product has been used over time or an issue is discovered later?
  3. Does the policy address claims involving products installed in real property or the statutory product categories with different repose rules?

Product Liability Insurance in Florida: Frequently Asked Questions

When does Florida start the product-liability filing period?

For product-liability actions under § 95.11(3), § 95.031(2)(b) starts the applicable period when facts giving rise to the claim were discovered or should have been discovered through due diligence. Section 95.11(3)(d) provides four years only for its defined personal-injury category; other claims must be classified separately. 2,1

Does Florida use a single twelve-year cutoff for all products?

No. Section 95.031(2)(b) provides a general twelve-year repose rule for products presumed to have useful lives of ten years or less, but it also lists product categories and exceptions, a longer-useful-life treatment based on a manufacturer's express representation or labeling, delayed-manifestation provisions, and concealment tolling. The longer-useful-life treatment is part of repose and does not itself lengthen a claim's limitations period. 1

Product Liability Insurance Guides for Other States

Other coverage in FloridaEvery coverage guide for Florida, plus the regulator and surplus-lines details.

Updated .

This guide is informational and does not determine whether a policy is available or meets your needs. Editorial policy. To suggest a correction, contact Spot with a supporting source.

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