According to Florida law, strict liability claims are based on the essential requirement that the responsible party is in the business of and gains profits from distributing or disposing of the defective product in question through the stream of commerce:
Plaintiff alternatively pleads that the trailer in which Plaintiff was injured constitutes a “product.” (Dkt.2, ¶ 15). Defendant argues that Plaintiff is “insinuating” that Defendant is strictly liable. (Dkt. 4, at 3). Defendant maintains that because it is not a seller of the trailer, it cannot be liable under a strict liability theory. Defendant is partly correct. Under Florida law, strict liability actions are “based on the essential requirement that the responsible party is in the business of and gains profits from distributing or disposing of the ‘product’ in question through the stream of commerce.” Johnson v. Supro Corp., 498 So.2d 528, 528–29 (Fla. 3d DCA 1986). The Florida Supreme Court has recognized that a strict liability theory may apply to manufacturers, as well as to others in the distribution chain, including retailers, wholesalers, distributors, and, most recently, commercial lessors. Samuel Friedland Family Enters. v. Amoroso, 630 So.2d 1067, 1068 (Fla.1994). Similarly, a products liability action grounded in negligence must involve allegations as to a manufacturer or other distributor of a product. See Pinchinat v. Graco Children’s Prod., Inc., 390 F.Supp.2d 1141, 1149 (M.D.Fla.2005); Liggett Group Inc. v. Engle, 853 So.2d 434, 467 n. 46 (Fla. 3d DCA 2003) rev’d on other grounds, 2006 WL 1843363 *21 (Fla. July 6, 2006). Plaintiff has made no allegation that Defendant was a manufacturer, distributor, retailer, wholesaler, or commercial lessor of trailers. Defendant’s motion to dismiss for failure to state a claim is accordingly *1338 granted as to Plaintiff’s product liability claim.
See: Williams v. National Freight, Inc., 455 F. Supp. 2d 1335
Related:
- What is the Definition of a Design Defect Under Florida Law?
- What is the consumer-expectations test under Florida law?
- When Does A Manufacturer Have A Duty To Warn About Defects?
- Product Liability Attorney
Do you have questions or comments? Then please feel free to send Alan an email or call him now at (954) 458-8655.
If you found this information helpful, please share this article and bookmark it for your future reference.