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May 3, 2018

Have you purchased a car recently in the state of Florida only to have it give you endless trouble? Has its defects interfered with your daily routine? Or maybe they’ve become downright dangerous, imperiling your life? If you answered “yes” to these questions, then it’s time you familiarized yourself with product liability law.


Four claims are commonly associated with product liability:

  1.  Negligence
  2.  Strict Liability
  3.  Breach of Warranty
  4.  Consumer Protection Laws

Product liability claims require that certain circumstances be proven before the claim can be considered successful. These circumstances frequently concern manufacturing defects, design defects, and failure to warn, or marketing defects. Manufacturing defects are those defects that occur during the manufacturing process. These defects can be attributable to inherently dangerous or useless design. Design defects are likewise attributed to inherently dangerous or useless design. And marketing defects are those defects that elude consumer consciousness because of inadequate warning about potentially dangerous, yet not readily obvious, components of a product.


A breach of warranty complaint is perhaps the most familiar product liability claim to the average consumer. Warranties are statements by a seller or manufacturer about the product made during a commercial transaction, and they require direct interaction between the wronged party and the manufacturer or seller of the defective good.

There are usually three types of breach of warranty-based product claims:

  1. Breach of express warranty, which entails specific claims about the product made by the manufacturer.
  2. Breach of an implied warrant of merchantability, which entails expectations common to all products unless otherwise stated by the manufacturer or seller.
  3. Breach of an implied warranty of fitness for a specific purpose, which entails the inability to live up to promises made about a specific purpose.

Breach of Warranty in Florida and the Lemon Law

Perhaps the most familiar warranty law to the average American is the so-called “Lemon Law,” which protects consumers from defective motor vehicles. With respect to new motor vehicles, a warranty refers to obligations of the manufacturer or seller for defective materials or workmanship or, under implied warranties, for motor vehicles to be fit for ordinary use or reasonably intended purposes. The term “warranty” may also include representations in the owner’s manual and advertisements if those representations led the consumer to purchase the vehicle.

Lemon laws vary by state. Florida has its own rules and requirements for manufacturers and sellers of motor vehicles. Since its inception in 1988, the Florida State Lemon Law Arbitration Program has granted Florida state residents hundreds of millions of dollars in refunds and replacement vehicles. In order to qualify for the State Lemon Law Arbitration Program you must file a claim within two years of the original delivery of the motor vehicle. You then have 60 days to file your State Arbitration Request with the department.


The Florida Lemon Law does not cover used cars, or motor vehicles that run only on tracks, off-road vehicles, trucks over 10,000 pounds gross vehicle weight, motorcycles, mopeds or the living facilities of recreational vehicles.

In order to qualify for the Florida Lemon Law, your vehicle must suffer a defect or condition that compromises its safety, use or value. You must take your vehicle to a repair specialist or dealer at least three times for the same substantial defect or condition. You are also eligible for the Florida Lemon Law if your vehicle has been out of service for at least fifteen calendar days due to a substantial defect.

Minor or trivial defects are not covered by the Florida Lemon Law. Also, defects caused by accidents or abuse are also not covered by the Lemon Law.


If you are the victim of a defect in your motor vehicle, or if you suffered injury from another type of consumer product, you have the right to receive compensation for the pain and suffering caused by the defective product. The best way to secure adequate compensation in the case of a consumer complaint is to hire the services of an attorney trained in product liability. Only an attorney trained in product liability can help you navigate the often confusing process of filing a product liability claim and ensure you receive the compensation you deserve.

Find more like this: Personal Injury

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“I was in an accident and decided to call Wattel and York. After months of going to a Chiropractor, I finally felt better. When it came time for settlement, the insurance company was making an offer I wanted to accept, Mr. Wattel advised against it and felt the insurance company was shortchanging me. He recommended I file a lawsuit and that will get them to cave. Well, Dave filed suit, and sure enough, the insurance company increased their offer by $4,000! I am very satisfied with how my case was handled.”

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“Wattel & York were flat out outstanding with my personal injury case. They made the process painless and kept in constant communication throughout the entire time. Any questions I might’ve had were promptly answered and detail oriented. They gave me crucial advice that I would’ve otherwise not been aware of. I couldn’t have asked for more from them. Put your trust in these guys, you won’t be disappointed. Thanks Wattel & York.”

Mattew P.


“Thank you so much for all your hard work on our behalf! Thinking I could handle it on my own, I was originally reluctant to take my accident claim to an attorney. But I am SO glad I called you instead. Your people were always helpful, pleasant and responsive at every step along the way. You represented us with honesty and integrity and made a traumatic experience as painless as it could be. And best of all, you helped us get a settlement that was fair and far more than I could ever have negotiated on my own! I highly recommend Wattel &York to anyone who has suffered a personal injury.”

Cathy M.

“I was the passenger in a vehicle that was 'T- Boned' at an intersection in 2014. The issues of responsibility and recovery became a difficult and convoluted confusion. I really needed help. This Team at Wattel and York walked me patiently and encouragingly through difficult months, sorting through issues and finally arriving at a satisfactory conclusion. I especially want to name two great and encouraging "warriors" of Wattel and York who directed me along the way..Brian Torba and Melissa Patterson..to them and the whole team I say "Thank You" with heart felt gratitude. Sincerely, God Bless You.”

Robert G.

“Honesty. Integrity. Transparency. Partnership. Wattel & York brought all of these qualities and more to my accident case. I'd love to thank all of the team members who helped me with the process: David Guzman, who conducted the initial interview in my home, Aly Shomar-Esparza, who seamlessly guided me through paperwork and filings, Debbie Harrach, who conducted final review, paperwork revisions and scheduling, and Thomas Grisoni, who counseled me before and attended my deposition. I never felt alone during the arduous process and always knew there was a professional team looking out for my best interest. I highly recommend Wattel & York if you are unfortunately involved in an accident that was not your fault.”

Russ W.

“I was a passenger in a car that got t-boned a few years ago and got a huge gash. I didn't know a lot about lawyers, so I basically just picked one on the flip of a coin. I called Wattel and York and they explained everything, I went into the office and filled out paperwork. Got treatment on my gash over the time I worked with them, glad I did as it opened back up a couple times and bled. They did really good, got me the maximum amount of money, and made sure I was well taken care of. I was updated from time to time so that was good. The only thing I might change is I never got to thank or talk to my lawyer. I think it was because I was already used to dealing with the lady at their Glendale office so they just kept her as my point of contact. So it's okay, I'll thank them with a good review. The last thing I could say about them is months after I thought my case was over they called me and said they had another check for me for a few hundred dollars. Apparently, they negotiated with the hospital I went to after the accident. It was a nice surprise and shows they really had my interests in mind.”

Trent B.

“Wattel & York has been great for me in the past few years. I was involved in a really bad accident while I was on Active Duty in Yuma, Arizona and they have been patient with me every step of the way through a very long process. I would recommend them to anyone thank you for all your help.”

Levy G.

“Appreciate David taking the time to speak with me. He was most kind. From the front line with the receptionist, to him, the firm was a class act all the way around.”

Claire B.

“Dave Wattel represented me and my son on a Personal Injury case from a motor vehicle accident back in 2009. Jake P. handled my deposition and Dave did the Quarterbacking. The insurance company hired NFL referee Ed Hochuli's firm to try and deny our claim. But Wattel & York made it look as easy as Tom Brady on the football field. The result was more than acceptable and my son and I were compensated for our injuries and rehabilitation. Dave Wattel cares about his clients. If I ever find myself in a situation like this again, Wattel & York will be on speed dial!!”

Vince C.

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