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FL H0201
Bill
Status
1/13/2011
Primary Sponsor
Marlene O'Toole
Click for details
AI Summary
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Amends Florida's comparative fault statute to specify how damages are apportioned in products liability actions involving defective motor vehicles that allegedly caused enhanced injuries in a crash.
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Requires the trier of fact to separately consider fault of accident-related parties for accident injuries and fault of product-related parties for defect-caused injuries, unless the injuries cannot be distinguished, in which case all contributing parties' fault is considered together.
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Exempts first responder tort actions from the comparative fault limitations, allowing joint and several liability to apply; defines first responder as law enforcement officers, firefighters, or emergency medical technicians and paramedics, whether full-time, part-time, or volunteer.
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Requires defendants to affirmatively plead nonparty fault in initial pleadings and prove that fault by preponderance of the evidence at trial to include it on the verdict form.
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Becomes effective upon passage and applies to causes of action accruing on or after the effective date.
Legislative Description
Negligence
Last Action
Laid on Table, companion bill(s) passed, see CS/SB 142 (Ch.
5/3/2011