Can Retailers Be Held Liable For Defective Products in Florida?
According to Florida case law, a retailer can be held liable for a defective product: In Sencer v. Carl's Markets, Inc., Fla.1950, 45 So.2d 671, the Supreme Court of Florida held that the defendant/retailer was liable for injuries caused by unwholesome food found in a...
Is An Insult Considered Defamation In Florida?
According to Florida law, merely tossing insults is not defamation: Here, although the posting of the vulgar song may have been directed at Petitioner and was certainly intended to be insulting, it was not credibly or objectively threatening. See Scott, 191 So. 3d at...
What Is An Invitee Under Florida Law?
According to Florida law, an invitee is a visitor on the premises by invitation, either express or reasonably implied, of the owner: An invitee is a visitor on the premises by invitation, either express or reasonably implied, of the owner. Wood v. Camp, 284 So.2d 691,...
What Is Causation Under Florida Law?
According to Florid law, causation is that act which, in natural and continuous sequence, unbroken by any intervening cause, produces injury, and without which injury would not have occurred: In the Pope case this court discussed the law of proximate cause and the...
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...
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...
Does A Retailer Have A Duty To Inspect For Product Defects?
According to Florida case law, a retailer does not have a duty to inspect for latent product defects: K–Mart's sole act, as indicated by the verdict form, was to sell the defective swing set to Stuhr. The swing set was furnished to K–Mart by the distributor, Chairs,...
Can Family Members Or A Relative Witness A Deed In Florida?
No person with a financial interest in the transfer of Florida real estate should act as a witness to a deed. A person who is related to a grantor or grantee by blood or by marriage is not necessarily a person with a financial interest in the transfer. However, a...
What Is A Consumer Product?
According to Federal Statute, regulation and case law, a consumer product is defined as "any article, or component part thereof, produced or distributed (i) for sale to a consumer for use in or around a permanent or temporary household or residence, a school, in...
What Are The Product Liability Safety Standards?
According to the Consumer Product Safety Commission, which is the regulatory agency formed under the provisions of the U.S. Consumer Product Safety Act (the "Act" - 15 U.S.C. 2051), there are currently more than 37 safety standards under the Act related to consumer...