11th Circuit (Including Florida) Opens Up Product Liability Ruling That Could Have Huge Implications for Product Manufacturers and Distributors
11th Circuit (Including Florida) Opens Up Product Liability Ruling That Could Have Huge Implications for Product Manufacturers and Distributors Oct 10, 2019 The Court of Appeals for the Eleventh Circuit (which includes Florida) recently reopened a product liability case (involving a plaintiff who sued Ford for breach of an implied warranty of merchantability due to a seat belt coming undone during an auto accident) that could have tremendous implications for manufacturers, distributors, suppliers, and others in the stream of commerce. Specifically, while the previous judge ruled in favor of the defendant (Ford) in an allegedly defective seatbelt case – finding that the seatbelt worked when the truck was sold 10 years’ prior and was “altered in the meantime,” which led to the subsequent accident and injury (through no fault of the manufacturer) – the US Court of Appeals for the Eleventh Circuit vacated the trial court’s ruling (summary judgment for Ford), finding that a “reasonable person” could expect that a “seatbelt should not come undone in an accident 10 years later simply due to normal wear and tear.” Questions Court of Appeals Wants Answered While the court has not yet technically found in favor of the plaintiff, what it has decided is essentially that the record contains sufficient admissible evidence to raise a genuine question of fact regarding whether Ford breached the warranty. The case is now remanded back to provide additional facts and, specifically, the appellate panel indicated that there were two questions that needed to be answered: 1) what the state standard for breach of implied warranty involves and 2) whether the record contained enough evidence to support the trial court’s ruling. The court went on to explain that, while the trial court accounted for the seatbelt being 10 years old, it also needed to analyze what a 10-year-old seatbelt should be able to withstand. In Florida, in order to recover for breach of a warranty, a plaintiff must be in “privity of contract” with the defendant – i.e. a mutual interest between the parties where one party can enforce a contract via a lawsuit against the other party. This standard has historically provided more leeway to manufacturers; regardless of whether the warranty is express or implied; if there is no privity, it isn’t enforceable. Contact Our Florida Product Liability Defense Attorneys with Any Questions Case precedent in the U.S. Court of Appeals for the Eleventh Circuit, with jurisdiction over Florida, which dictates that a manufacturer could possibly be held responsible for accidents and injuries that arise from problems with a product that was in excellent condition when it was sold and has since been altered over the course of 10 years could be catastrophic to companies. This is simply too broad regarding taking an injury and attributing it to what cannot be a manufacturing defect, given that the product was in perfect condition when it was sold. HD Law Partners provides product manufacturers and their insurers with a strong, effective defense. Contact our Tampa product liability attorneys today to find out how we can help. Resource: law.com/dailyreportonline/2019/08/09/11th-circuit-restarts-defective-seat-belt-case-against-ford/ Florida Appellate Decisions Push Bad Faith Standard & Raise Concerns Posted in Tampa Business and Corporate Attorneys | No Comments » Connect with us Archives May 2026 April 2026 March 2026 February 2026 January 2026 December 2025 November 2025 October 2025 September 2025 July 2025 June 2025 January 2025 January 2024 December 2023 November 2023 October 2023 September 2023 August 2023 July 2023 June 2023 May 2023 April 2023 March 2023 February 2023 January 2023 December 2022 November 2022 October 2022 September 2022 August 2022 July 2022 May 2022 April 2022 March 2022 November 2021 October 2021 September 2021 August 2021 July 2021 May 2021 April 2021 March 2021 February 2021 January 2021 December 2020 November 2020 October 2020 August 2020 July 2020 June 2020 May 2020 April 2020 March 2020 February 2020 January 2020 December 2019 November 2019 October 2019 September 2019 August 2019 July 2019 June 2019 May 2019 April 2019 March 2019 February 2019 January 2019 December 2018 November 2018 October 2018 September 2018 August 2018 July 2018 June 2018 May 2018 April 2018 March 2018 February 2018 January 2018 December 2017 November 2017 October 2017 September 2017 August 2017 July 2017 June 2017 May 2017 April 2017 March 2017 February 2017 January 2017 December 2016 November 2016 October 2016 November 13 Categories Alimony Appellate Arbitration Auto Accidents Auto Insurance Business Corporate Business Insurance Law Child Custody Child Support Criminal Law Divorce Family Law FEMA Insurance Payments Florida’s Mandatory 2‑Hour Legal Professionalism CLE: Foreclosure Defense Fort Myers Hurricane Insurance Attorney General Guardianship HD Law Partners Service HOA/Property Management Homeowners Association Homeowners Insurance Hurricane Claims Hurricane Insurance Insurance Bad Faith Insurance Claims Insurance Defense Insurance Litigation Landlord Tenant Law Enforcement Liability Loan Modifications Mold Water Damage Parental Rights Paternity Personal Injury Premises Liability Law Prenuptial Agreements Private Security Property Distribution Property Owner Law Sarasota Insurance Litigation Attorney Slip Fall Tampa Business and Corporate Attorneys tampa family attorney Tampa Insurance Attorneys Timeshare Timesharing Uncategorized HD Law Partners is proud to be your trusted full-service law firm Quick Links Property & Casualty Business & Corporate Litigation Family Law Contact Us Careers Get In Touch 2002 North Lois Avenue Suite 510 Tampa, FL 33607 813-253-5333 Contact Us