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FL H0433
Bill
Status
4/30/2010
Primary Sponsor
Janet Adkins
Click for details
AI Summary
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Amends Florida's comparative fault statute (s. 768.81) by adding definitions for "negligence action" and "products liability action" that apply regardless of how parties label their claims.
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Requires triers of fact in products liability cases alleging enhanced or additional injuries to consider the fault of all entities who contributed to the accident when apportioning damages, including nonparties.
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Clarifies that defendants must affirmatively plead nonparty fault and identify or describe the nonparty as specifically as practicable, and must prove nonparty fault by preponderance of evidence to include them on the verdict form.
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Removes references to chapters 517, 542, and 895 from the exceptions to comparative fault rules, retaining only exceptions for pollution actions, intentional torts, and actions under chapters 403 and 498.
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Applies comparative fault rules based on the substance of an action rather than conclusory labels used by parties, and maintains existing protections for teaching hospitals in medical malpractice cases.
Legislative Description
Negligence
Last Action
Died in Committee on Civil Justice & Courts Policy (CCJP)
4/30/2010