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Design Defects FL Supreme Court

White and Williams LLP

Hurricane Ian: Discussing Wind-Water Disputes

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Most of the Florida homes in the path of Hurricane Ian lack flood insurance, posing a major challenge to rebuilding efforts, new data show. In the counties whose residents were told to evacuate, just 18.5 percent of homes...more

Butler Snow LLP

Changing Trend: Risk-Utility May No Longer Be The Favored Test for Design Defect Claims

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In the world of products liability, design defect claims arise when the product is inherently dangerous in its design. The test for whether a product is inherently dangerous has evolved in modern years from the “consumer...more

Akerman LLP

Florida Supreme Court Rejects the "Risk Utility" Test For Strict Liability Design Defect Cases

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In a key products liability decision, Aubin v. Union Carbide Corp., No. SC12-2075, 2015 WL 6513924, at *1 (Fla. Oct. 29, 2015), the Florida Supreme Court rejected the Restatement (Third) of Tort's "risk utility" test which...more

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