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FL S0142
Bill
AI Summary
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Amends Florida's comparative fault statute (s. 768.81) to define "accident," "negligence action," and "products liability action," with accident including events relating to alleged defects and enhanced injuries.
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Requires triers of fact in products liability actions alleging enhanced injuries to consider fault of all persons who contributed to the accident and apportion damages accordingly, with appropriate jury instructions.
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Applies comparative fault apportionment principles to products liability cases involving enhanced injury claims, overruling the judicial decision in D'Amario v. Ford Motor Co., 806 So. 2d 424 (Fla. 2001).
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Makes the act retroactively applicable as a remedial statute that affects only remedies, not vested rights, and requires interpretation consistent with state and federal due process provisions.
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Maintains existing exceptions to comparative fault provisions, including pollution actions, intentional torts, and causes of action under chapters 403, 498, 517, 542, and 895.
Legislative Description
Negligence
Last Action
Ordered enrolled -SJ 851
5/4/2011