Eugene Polyak | Smith Currie & Hancock | December 24, 2015 In Aubin v. Union Carbide Corp., 40 Fla. L. Weekly S596 (Fla. Oct. 29, 2015), the Florida Supreme Court recently resolved an important conflict between Florida’s intermediate appellate courts with respect to the test used in adjudicating design-defect claims in product liability cases. While working… Continue reading “Consumer Expectations” Test In Design Defect Products Liability Case
Tag: Design Defect
Florida Supreme Court Rejects the “Risk Utility” Test for Strict Liability Design Defect Cases
Brian T. Stansbury, David M. Hawthorne and Hugh J. Turner, Jr. | Akerman LLP | November 5, 2015 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 permits a plaintiff… Continue reading Florida Supreme Court Rejects the “Risk Utility” Test for Strict Liability Design Defect Cases
Square Peg Meet Round Hole – Do Design Defects Breach a Warranty Against Defects in Material or Workmanship?
Jeffrey W. Post – January 27, 2014 In Bruce Martin Constr., Inc. v. CTB, Inc., 735 F.3d 750 (8th Cir. 2013), the Eighth Circuit considered whether a design defect breaches an express warranty against “defects in material or workmanship.” Id. at 753. The product at issue was a system that automated the process of unloading… Continue reading Square Peg Meet Round Hole – Do Design Defects Breach a Warranty Against Defects in Material or Workmanship?
If A Separate Loss Occurs as a Result of A Design Defect, It May Be Covered Under Your Insurance Policy
Shaun Marker – August 20, 2013 If there is a design defect to a part of your property, then most insurance policies will contain exclusions for those design defects. Depending on the type of policy that you have and it’s wording, if a separate loss occurs as a result of a design defect, it may… Continue reading If A Separate Loss Occurs as a Result of A Design Defect, It May Be Covered Under Your Insurance Policy