Product Liability

From Florida Legal Wiki

[edit] Negligence

Under Florida law, the elements of a cause of action for negligence in a products liability case are the following: (1) the manufacturer must have a legal duty to design and manufacture a product reasonably safe for use; (2) the manufacturer must fail to comply with that duty; (3) the plaintiff must have an injury that is legally caused by the manufacturer's breach of duty; and (4) the plaintiff must have suffered damages. Indem Ins. Co. of N. Am. v. Am. Aviation, Inc., 344 F.3d 1136, 1146 (11th Cir.2003) (per curiam).

[edit] Strict Liability

The elements of a strict products liability claim under Florida law require plaintiffs to establish (1) a relationship between the defendant and the product; (2) a defect which caused the product to be unreasonably dangerous; and (3) causation *638 between the defect and the harm suffered by the user. See West v. Caterpillar Tractor Co., Inc., 336 So.2d 80, 87 (Fla.1976) (“In order to hold a manufacturer liable on the theory of strict liability in tort, the user must establish the manufacturer's relationship to the product in question, the defect and unreasonably dangerous condition of the product, and the existence of the proximate causal connection between such condition and the user's injuries or damages.”). City of St. Petersburg v. Total Containment, Inc., 265 F.R.D. 630, 637-38 (S.D. Fla. 2010).