On Wednesday May 4, the Florida House approved a pro-business bill that will make it tougher for motorists injured in a car accident to win a product liability claim that their injuries resulted from a defective automobile. The measure is now on its way to Gov. Rick Scott who is expected to sign it. The bill had previously been approved in the Senate.
Often a motorist injured in an auto accident will find that their car was defective and played a significant role in the accident cause. Perhaps it was a runaway vehicle, the brakes didn’t work properly, or the airbags didn’t deploy in an initial collision, resulting in serious injury for the motorist and/or their passengers. Florida product liability law allows the injured to hold the manufacturer of that vehicle liable for their injuries.
Ever since a 2001 Florida Supreme Court decision, evidence of driver error, such as drunkenness, was thought to be unrelated to the crashworthiness of the vehicle and that evidence was not allowed to be introduced at trial. This bill reverses that decision.
A lobbyist for big business told The Naples News that it’s only fair that a jury has all of the critical pieces of information to make an informed decision despite the fact that driver error is unrelated to whether a product is defective in its manufacture, design, or marketing. Big business hopes this means more businesses will consider moving to business-friendly Florida, all at the expense of the citizens of Florida who just lost a level playing field in court. And taxpayers will end up paying the bills for medical expenses that result from these injuries instead of holding automakers responsible for their mistakes.
If you or a loved one has been injured in a car accident in Florida and you suspect your vehicle failed to protect you as it is designed to do, the Florida auto product liability attorneys at Farah & Farah can help you understand the legal options available to you in order for you to receive the compensation you need and deserve from a negligent manufacturer. To learn how we can help you, call our law offices today.
