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What Is An Invitee Under Florida Law?

According to Florida law, an invitee is a visitor on the premises by invitation, either express or reasonably implied, of the owner: An invitee is a visitor on the premises by invitation, either express or reasonably implied, of the owner. Wood v. Camp, 284 So.2d 691,...

What Is Causation Under Florida Law?

According to Florid law, causation is that act which, in natural and continuous sequence, unbroken by any intervening cause, produces injury, and without which injury would not have occurred: In the Pope case this court discussed the law of proximate cause and the...

What is the risk-utility test under Florida law?

According to Florida law, under the “risk-utility theory,” a product is defectively designed if the plaintiff proves that the design of the product proximately caused the plaintiff’s injuries and the defendant fails to prove that, on balance, the...

What is the consumer-expectations test under Florida law?

According to Florida law, under the consumer-expectation theory, which is applied to assess strict liability claims in products liability actions, a product is defectively designed if a victim is able to demonstrate that a product did not perform as safely as an...

Does A Retailer Have A Duty To Inspect For Product Defects?

According to Florida case law, a retailer does not have a duty to inspect for latent product defects: K–Mart’s sole act, as indicated by the verdict form, was to sell the defective swing set to Stuhr. The swing set was furnished to K–Mart by the distributor,...