The authors discuss recent developments in Florida law in the area of products liability. The distinctions between the three theories of recovery in products liability actions, negligence, implied warranty and strict liability, are clarified through close and detailed analysis. The authors prefer strict liability to the other two causes of action because of its lessened burden of proof on plaintiffs and its less intricate analysis. The examination of case law, however, leads the authors to conclude that the courts are often applying the strict liability doctrine incorrectly.
Robert L. Parks, Abigail C. Watts-Fitzgerald, and Thomas A. Watts-Fitzgerald,
33 U. Miami L. Rev.
Available at: http://repository.law.miami.edu/umlr/vol33/iss4/13