Breaking News! Florida House of Representatives passes Senate Bill 142 overruling D'Amario v. Ford Motor Co.
Today, the Florida House of Representatives passed Senate Bill 142 which expressly overrules D'Amario v. Ford Motor Co., 806 So. 2d 424 (Fla. 2001). SB 142 provides that Florida's comparative negligence principles apply to product liability actions, including cases in which it is alleged that the claimant's injuries were enhanced by a defective product. The statute is intended to eliminate the unfair and inequitable outcomes which result from the minority view adopted by the Florida Supreme Court in D'Amario. The statute is retroactive in application and will be effective upon being signed into law by Governor Scott. The result of SB 142 is that juries will be required to apportion fault for injuries among all persons who are responsible for the accident.