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FL S0744

Bill

Status

Failed

4/30/2010

Primary Sponsor

Carey Baker

Click for details

Origin

Senate

2010 Regular Session

AI Summary

  • Defines "negligence action" to include civil actions based on negligence, strict liability, products liability, and professional malpractice theories regardless of how characterized.

  • Defines "products liability action" to include actions alleging injuries were greater than they would have been absent a defective product, determining applicability based on substance rather than party labels.

  • Requires triers of fact in products liability actions alleging enhanced or additional injury to consider fault of all entities who contributed to the accident when apportioning damages.

  • Maintains comparative fault principles allowing contributory fault to diminish but not bar recovery, with judgment entered against each party based on percentage of fault rather than joint and several liability.

  • Removes chapter 517, 542, and 895 from exemptions to comparative fault rules, retaining exemptions only for pollution actions, intentional tort actions, and those specifically governed by chapters 403 and 498.

Legislative Description

Negligence/Products Liability Action [SPSC]

Last Action

Died in Committee on Judiciary

4/30/2010

Committee Referrals

Judiciary12/17/2009

Full Bill Text

No bill text available