The Florida Senate

¹768.1256  Government rules defense.--

(1)  In a product liability action brought against a manufacturer or seller for harm allegedly caused by a product, there is a rebuttable presumption that the product is not defective or unreasonably dangerous and the manufacturer or seller is not liable if, at the time the specific unit of the product was sold or delivered to the initial purchaser or user, the aspect of the product that allegedly caused the harm:

(a)  Complied with federal or state codes, statutes, rules, regulations, or standards relevant to the event causing the death or injury;

(b)  The codes, statutes, rules, regulations, or standards are designed to prevent the type of harm that allegedly occurred; and

(c)  Compliance with the codes, statutes, rules, regulations, or standards is required as a condition for selling or distributing the product.

(2)  In a product liability action as described in subsection (1), there is a rebuttable presumption that the product is defective or unreasonably dangerous and the manufacturer or seller is liable if the manufacturer or seller did not comply with the federal or state codes, statutes, rules, regulations, or standards which:

(a)  Were relevant to the event causing the death or injury;

(b)  Are designed to prevent the type of harm that allegedly occurred; and

(c)  Require compliance as a condition for selling or distributing the product.

(3)  This section does not apply to an action brought for harm allegedly caused by a drug that is ordered off the market or seized by the Federal Food and Drug Administration.

History.--s. 15, ch. 99-225.

¹Note.--Section 34, ch. 99-225, provides that "[i]t is the intent of this act and the Legislature to accord the utmost comity and respect to the constitutional prerogatives of Florida's judiciary, and nothing in this act should be construed as any effort to impinge upon those prerogatives. To that end, should any court of competent jurisdiction enter a final judgment concluding or declaring that any provision of this act improperly encroaches upon the authority of the Florida Supreme Court to determine the rules of practice and procedure in Florida courts, the Legislature hereby declares its intent that any such provision be construed as a request for rule change pursuant to s. 2, Art. 5 of the State Constitution and not as a mandatory legislative directive."