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...
According to Florida law, there are five elements for a strict product liability action that must be proved by a preponderance of the evidence (1) the item sold is a product (2) it was produced by a manufacturer (3) it was defective or created an unreasonably...
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...
According to Florida law, warnings should contain wording that directs the reader to the significant dangers arising from failure to use the product in the prescribed manner, such as the risk of serious injury or death: Additionally, “a manufacturer has a duty to warn...
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...
According to Florida law, in order for an injured purchaser to recover from injuries resulting from an exploded bottle, where product was purchased from a retailer, there must be proof that bottle was not handled improperly from the time it left the possession of the...
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...
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...
According to Florida statutory law, a consumer product is considered defective when a manufacturer or seller does not comply with the federal or state codes, statutes, rules, regulations, or standards, there's a connection between noncompliance and an injury, the...
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...