Florida Strict Products Liability
In the seminal case of West v. Caterpillar Tractor Co., 366 So. 2d 80 (Fla. 1976), our firm successfully argued for and established the doctrine of strict products liability in the State of Florida. As a result of this landmark case, both consumers or users of a product and bystanders who suffer personal injury or damage to their property that is caused by a defective product, may hold the manufacturer or seller of the product liable without having the burden of showing actual negligence or an intent by the manufacturer or seller to cause harm.
This novel theory has been adhered to in Florida courts for over thirty years. However, in Liggett Group, Inc. v. Davis, 973 So. 2d 467 (Fla. 4th DCA 2007), defense counsel attacked the long-standing theory of strict products liability, arguing that plaintiffs who bring suit against companies alleging design defects in inherently dangerous products should be forced to show that a safer alternative design exists. Counsel argued that if no safer alternative design exists, there should be no liability.
The Fourth District Court of Appeal held that "there is no requirement of an alternative design in a design defect claim." Id. at 477. The Fourth District found no Florida case requiring a plaintiff to show a safer alternative design in order to prevail on a strict liability design defect claim. The existence of a safer alternative design "appears to be [just] one factor which can be demonstrated and argued to the jury." Id. at 475.
Liggett Group, Inc. appealed the Fourth District's ruling to the Florida Supreme Court. Though the Florida Supreme Court heard oral argument of the issue in November, 2008, on December 11, 2008, the Supreme Court of Florida "determined that we should exercise our discretion to discharge jurisdiction." Liggett Group, Inc. v. Davis, 2008 WL 5170616, *1 (Fla. 2008).
Therefore, our groundbreaking case, West v. Caterpillar Tractor Co., continues to be the guiding light in strict products liability cases throughout the State of Florida.
If you or someone you know was seriously injured, or if a loved one was killed by a product you think may have been defective, you can contact an attorney at Freidin Dobrinsky or by calling 1-866-495-8060. Our personal injury attorneys are here to help, and will answer your questions free of charge.
