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FL H0201

Bill

Status

Introduced

1/13/2011

Primary Sponsor

Marlene O'Toole

Click for details

Origin

House of Representatives

2011 Regular Session

AI Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Judiciary2/17/2011
Civil Justice Subcommittee1/25/2011

Full Bill Text

No bill text available