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: Product Liability
Looming Texas Supreme Court Decision Could Impact Contractor Liability in Construction Cases
Andrew D. Ness, William R. Taylor and J. Laurens Wilkens | Jones Day | December 2015 In November 2015, the Texas Supreme Court heard oral arguments to determine if a general contractor was a “seller” under Chapter 82 of the Civil Practice and Remedies Code and entitled to indemnification from the manufacturer of an allegedly… Continue reading Looming Texas Supreme Court Decision Could Impact Contractor Liability in Construction Cases
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
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
Is Toxic Flooring the New Chinese Drywall?
Amanda Parker Baggett | Rogers Towers A few days ago, the popular television program “60 Minutes” aired a story about a national flooring retailer selling Chinese-manufactured laminate flooring that contains extremely high levels of the cancer-causing chemical formaldehyde. The report detailed the false labeling practices of the laminate flooring in China where misleading labels are affixed… Continue reading Is Toxic Flooring the New Chinese Drywall?