1 | Representative Gaetz offered the following: |
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3 | Amendment (with title amendment) |
4 | Remove lines 78-103 and insert: |
5 | (b) In a products liability action brought by the claimant |
6 | alleging that because of a defective product the injuries |
7 | received by the claimant in a motor vehicle accident were |
8 | greater than the injuries the claimant would have received but |
9 | for the defective product, the trier of fact shall consider only |
10 | the fault of the persons responsible for the accident in regard |
11 | to the injuries directly caused by the accident and shall |
12 | consider only the fault of the persons responsible for the |
13 | defective product in regard to the injuries directly caused by |
14 | the defective product, unless the trier of fact cannot |
15 | distinguish the injuries directly caused by the defective |
16 | product, in which case the trier of fact shall consider the |
17 | fault of all persons who contributed to the accident and the |
18 | injuries and apportion liability between them. |
19 | (4) APPLICABILITY.- |
20 | (a) This section applies to negligence cases. For purposes |
21 | of this section, "negligence cases" includes, but is not limited |
22 | to, civil actions for damages based upon theories of negligence, |
23 | strict liability, products liability, professional malpractice |
24 | whether couched in terms of contract or tort, or breach of |
25 | warranty and like theories. In determining whether a case falls |
26 | within the term "negligence cases," the court shall look to the |
27 | substance of the action and not the conclusory terms used by the |
28 | parties. |
29 | (b) This section does not apply to any action brought by |
30 | any person to recover actual economic damages resulting from |
31 | pollution, to any action based upon an intentional tort, to any |
32 | action brought by a first responder, or to any cause of action |
33 | as to which application of the doctrine of joint and several |
34 | liability is specifically provided by chapter 403, chapter 498, |
35 | chapter 517, chapter 542, or chapter 895. For purposes of this |
36 | subsection, the term "first responder" means a law enforcement |
37 | officer as defined in s. 943.10, a firefighter as defined in s. |
38 | 633.30, or an emergency medical technician or paramedic as |
39 | defined in s. 401.23, whether such first responder is employed |
40 | full time, employed part time, or is a volunteer. |
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43 | ----------------------------------------------------- |
44 | T I T L E A M E N D M E N T |
45 | Remove line 10 and insert: |
46 | action; providing that the doctrine of joint and several |
47 | liability applies to a tort action brought by a first responder; |
48 | defining the term "first responder"; providing the rules of |
49 | evidence apply; |