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Can Retailers Be Held Liable For Defective Products in Florida?

According to Florida case law, a retailer can be held liable for a defective product: In Sencer v. Carl’s Markets, Inc., Fla.1950, 45 So.2d 671, the Supreme Court of Florida held that the defendant/retailer was liable for injuries caused by unwholesome food...

Is An Insult Considered Defamation In Florida?

According to Florida law, merely tossing insults is not defamation: Here, although the posting of the vulgar song may have been directed at Petitioner and was certainly intended to be insulting, it was not credibly or objectively threatening. See Scott, 191 So. 3d at...

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...