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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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Are Personal Injury Lawyers Free?

Personal injury lawyers are not free. They typically charge a fee for their services, which is often based on a percentage of the compensation awarded to the client (normally, 331/3%). This is otherwise known as working on a contingency basis, which means that the...

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Is An Attorney’s Agreement To Refund Fees Improper?

According to Florida case law, an attorney's agreement to refund fees with costs in the event the attorney does not win the case is improper: Stripped to the bone, the complaint is that accused (the lawyer) neglected to file his brief and thereby suffered the appeal...

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What is the risk-utility test under Florida law?

According to Florida law, under the "risk-utility theory," a product is defectively designed if the plaintiff proves that the design of the product proximately caused the plaintiff's injuries and the defendant fails to prove that, on balance, the benefits of the...

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What is the consumer-expectations test under Florida law?

According to Florida law, under the consumer-expectation theory, which is applied to assess strict liability claims in products liability actions, a product is defectively designed if a victim is able to demonstrate that a product did not perform as safely as an...

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