774.208 Liability rules applicable to protect sellers, renters, and lessors.—(1)(a) In a civil action alleging an asbestos or silica claim, a product seller other than a manufacturer is liable to a plaintiff only if the plaintiff establishes that:1.a. The product that allegedly caused the harm that is the subject of the complaint was sold, rented, or leased by the product seller;b. The product seller failed to exercise reasonable care with respect to the product; andc. The failure to exercise reasonable care was a proximate cause of the harm to the exposed person;2.a. The product seller made an express warranty applicable to the product that allegedly caused the harm that is the subject of the complaint, independent of any express warranty made by the manufacturer as to the same product;b. The product failed to conform to the warranty; andc. The failure of the product to conform to the warranty caused the harm to the exposed person; or3.a. The product seller engaged in intentional wrongdoing, as determined under the law of this state; andb. The intentional wrongdoing caused the harm that is the subject of the complaint.(b) For the purpose of sub-subparagraph (a)1.b., a product seller may not be considered to have failed to exercise reasonable care with respect to a product based upon an alleged failure to inspect the product, if:1. The failure occurred because there was no reasonable opportunity to inspect the product; or2. The inspection, in the exercise of reasonable care, would not have revealed the aspect of the product which allegedly caused the exposed person’s impairment.(2) In a civil action alleging an asbestos or silica claim, a person engaged in the business of renting or leasing a product is not liable for the tortious act of another solely by reason of ownership of that product.
Section 774.207
Section 774.209
13 pages
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Miami-Dade County, FL
Jun 30, 2017
Environmental / Toxin Tort
9 pages
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Broward County, FL
Feb 09, 2015
Products Liability/Asbestos
8 pages
Filing # 117749200 E-Filed 12/07/2020 12:31:16 PM IN THE CIRCUIT COURT OF THE 14TH JUDICIAL CIRCUIT IN AND FOR BAY COUNTY, FLORIDA GENERAL JURISDICTION DIVISION JAMES SIMMONS and MYRA SIMMONS, CASE NO. 20001848CA Plaintiffs, versus ABB, INC., et al, Defendants. / MOTION OF DEFENDANT O’REILLY AUTOMOTIVE STORES, INC., TO DISMISS COUNTS II AND I] OF PLAINTIFFS’ COMPLAINT Pursuant to Florida Rule of Civil Procedure 1.140, Defendant O’Reilly Automotive Stores, Inc. (hereinafter, “O’Reilly” o…
Oct 30, 2020
OPEN
20 pages
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Broward County, FL
Feb 20, 2015
Products Liability/Asbestos
4 pages
IN THE CIRCUIT COURT OF THE EIGHTH JUDICIAL CIRCUIT IN AND FOR ALACHUA COUNTY, FLORIDA CAROLYN H. JOHNSON, Personal Representative of the Estate of Shirley Franklin Johnson, Deceased, Plaintiff, CASE NO.: 01-07-CA-3661 Vv. CONTRACTORS SUPPLY, SEACOAST SUPPLY, Oc and UNION CARBIDE CORPORATION, …
Alachua County, FL
Aug 26, 2009
OTHER NEGLIGENCE (Used prior to 2010)
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