Marisa R. Brunetti | Plunkett Cooney What’s the difference between repairs, maintenance and design defects and which one does a school district need to worry about? The short answer to that question is that school districts need to worry about all of them. However, for purposes of asserting governmental immunity in order to avoid claims… Continue reading Design Defect Claims Cannot Defeat a Defense of Governmental Immunity Under Public-Building Exception
Tag: Design Defect Claims
Florida Supreme Court Embraces “Consumer-Expectation” Test for Design Defect Claims
Walter G. Latimer | Wilson Elser | December 8, 2015 The Florida Supreme Court recently issued a significant decision that will affect all strict product liability/design defect cases litigated in Florida. In Aubin v. Union Carbide, decided October 29, 2015, the Court rejected the risk-utility test in favor of the consumer-expectation test. The consumer-expectation test examines… Continue reading Florida Supreme Court Embraces “Consumer-Expectation” Test for Design Defect Claims