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FL H0433

Bill

Status

Failed

4/30/2010

Primary Sponsor

Janet Adkins

Click for details

Origin

House of Representatives

2010 Regular Session

AI Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Civil Justice & Courts Policy12/18/2009

Full Bill Text

No bill text available