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 dangerous condition (4) it proximately caused (5) an injury:
Under Florida law, a strict product liability action requires the plaintiff to prove that (1) a product (2) produced by a manufacturer (3) was defective or created an unreasonably dangerous condition (4) that proximately caused (5) injury. See Edward M. Chadbourne, Inc. v. Vaughn, 491 So.2d 551, 553 (Fla.1986). In the instant case, the district court based its grant of summary judgment on its finding that McCorvey had not offered any admissible evidence of either the third element, a product defect, or the fourth element, a causal link between the alleged defect and his injuries. McCorvey counters that his expert affidavits, even excluding the one offered by the engineer, were sufficient to establish these elements; additionally, McCorvey claims that the court erred in not affording him an inference of *1258 product defect, which also would have allowed him to take his case to a jury. In Florida strict product liability actions, a legal inference is created that the subject product was defective at both the time of injury and the time of sale when that product “malfunctions during normal operation.” Cassisi v. Maytag Co., 396 So.2d 1140 (Fla. 1st Dist.Ct.App.1981). This inference is generally referred to in Florida case law as a Cassisi inference.
See: McCorvey v. Baxter Healthcare Corp., 298 F. 3d 1253
Related:
- What is the Definition of a Design Defect Under Florida Law?
- What is the consumer-expectations test under Florida law?
- When Does A Manufacturer Have A Duty To Warn About Defects?
- Product Liability Attorney
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