Florida Products Liability: Bill Could Make It Harder for Victims to Win Damages from Auto Manufacturers
A bill has now been approved by both the House and the Senate that will likely alter the landscape of who is held liable in Florida auto products liability lawsuits. SB142 requires juries to “consider the fault of all persons” who played a role in causing the traffic crash when trying to determine damages in this type of case. Governor Rick Scott is expected to sign the bill into law. The new law would neutralize and overturn a Florida Supreme Court ruling from 2001 when the justices said that evidence of what primarily caused the crash, such as a drunken driving or driver error, cannot be brought into defective product cases. In D’Amario v. Ford Motor Co, the justices reversed the decision of the jury in siding with automaker. Ford had claimed that a teenage passenger sustained severe burns and lost three limbs because the driver of the car had been drunk and speeding and crashed the car. The victim's mother Karen D ‘Amario, however, contended that the blast wouldn’t have occurred if the relay switch on the fuel pump hadn’t been defective. When issuing their ruling, the justices determined that evidence of driver negligence confused the jury and should not be brought into cases in the future alleging “enhanced” injuries. Florida Auto Products Liability Now, more than ever, it is important that you are represented by an experienced Miami personal injury firm that knows how to make sure you obtain the maximum recovery possible from all liable parties. Car manufacturers are supposed to ensuring that their vehicles and accompanying parts have no defects that could cause serious injuries or deaths during a traffic crash. Examples of common auto defects include those involving: • Sport utility vehicle rollovers • Tire blowouts • Roof crush • Seatback collapse • 15-passenger vans • Faulty seat belts • Air bags That said, there may be other parties who should also be held liable for your Palm Beach car defect injuries. Fla. lawmakers limit lawsuits against auto makers, Miami Herald, May 4, 2011 Fla. House passes bill changing fault rules in liability cases, Naples News, May 4, 2011 Florida Senate Moves to Curb Liability Suits Against Car Makers, Insurance Journal, March 17, 2011 Related Web Resources: SB142, The Florida Senate Florida Governor Rick Scott Florida Supreme Court More Blog Posts: Deadly South Florida Crash Near the Palm Beach County Line Claims the Life of Three Children, Injures Two Others, Florida Injury Attorney Blog, April 6, 2011 Mother Awarded $330 Million Florida Car Accident Verdict Over Daughter’s Wrongful Death, Florida Injury Attorney Blog, November 10, 2009 Our Boca Raton personal injury law firm would like to offer you a free consultation.