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FL S0142

Bill

Status

Engrossed

3/23/2011

Primary Sponsor

Alan Hays

Click for details

Origin

Senate

2011 Regular Session

AI Summary

  • 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.

  • 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.

  • 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).

  • 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.

  • 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

Committee Referrals

Commerce And Tourism1/18/2011
Judiciary12/16/2010

Full Bill Text

No bill text available