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What is a strict liability design defect in Florida?

According to Florida law, to succeed on a claim of strict liability based on a design defect, the plaintiff must prove that the product is defective or unreasonably dangerous: To succeed on either state law theory of liability—strict liability or negligence in...

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What is the essential requirement for strict liability?

According to Florida law, strict liability claims are based on the essential requirement that the responsible party is in the business of and gains profits from distributing or disposing of the defective product in question through the stream of commerce: Plaintiff...

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What do you have to prove in a product liability case?

According to Florida case law, a product liability injury victim has the burden, whether their case is founded in negligence, breach of an implied warranty, or strict liability, of establishing that a defect was present in the product, that it caused the injuries...

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What is res ipsa loquitur in Florida?

According to Florida law, res ipsa loquitur is a rule of evidence that permits, but does not compel, an inference of negligence under certain circumstances: Res ipsa loquitur is a Latin phrase that translates “the thing speaks for itself.” Prosser and Keaton, Law of...

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What Does Product Liability Mean Under Florida Law?

According to Florida Law, statutory law, and case law, product liability means 1) a personal injury or property damage resulting from the use of a product and 2) a civil action based upon a theory of strict liability, negligence, breach of warranty, nuisance, or...

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What is Strict Liability For Failure To Warn in Florida?

According to Florida law, and standard jury instruction 403.8, in order to prevail on a strict liability claim for failure to warn, a jury must determine a product is defective because "the foreseeable risks of harm from the product could have been reduced or avoided...

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