News & Analysis as of

Design Defects Florida

Bilzin Sumberg

The Grace Period for Viable Claims Filed After Florida Amended the Construction Statute of Repose is Set to Expire on July 1, 2024

Bilzin Sumberg on

The grace period for claims that would have been viable under Florida’s 10-year statute of repose, but were no longer viable after Florida shortened the statute of repose to 7 years, is quickly approaching its expiration. On...more

Searcy Denney Scarola Barnhart & Shipley

The Impact of Defective Products on Florida Consumers: Types of Product Liability Claims

Defective products can lead to serious injuries and even the wrongful death of you or a loved one. Cases that stem from defective products come in a variety of forms and can involve a range of defendants. Understanding how...more

Searcy Denney Scarola Barnhart & Shipley

Types of Product Liability Claims in Florida: Design, Manufacturing, and Marketing Defects

We all expect products to be safe when we purchase them for ourselves or our children. Unfortunately, there are times when injuries occur as a result of using a product. Understanding the different types of claims that can be...more

Rumberger | Kirk

Fourth DCA Adopts Risk-Utility Test as the Standard for Some Design Defect Claims

Rumberger | Kirk on

Recently, the Florida Fourth District Court of Appeal opened the door to moving away from the consumer expectations test and adopting the risk-utility test for strict liability design defect claims involving complex...more

Shumaker, Loop & Kendrick, LLP

What Every HOA and Condo in Transition/Turnover Should Know About Florida’s Statutes of Limitations and Repose

Florida’s Statute of Limitations and Statute of Repose for construction and design defect claims are each contained in § 95.11(3)(c), Florida Statutes, which provides, in relevant part: We are frequently retained by...more

Cozen O'Connor

Florida to Decide What Test Applies When Concurrent Multiple Perils Cause a Loss

Cozen O'Connor on

For years, Florida courts have been seesawing between two different doctrines to determine whether there is coverage under a property policy when two perils – one excluded and one included — combine to cause a loss. Two...more

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