Wednesday, May 11, 2011

Legislators limit Florida lawsuits against automobile manufacturers

TALLAHASSEE, Florida - A profit for big business approved the Florida House a bill on Wednesday, which makes it more difficult to win liability damage of automakers and other manufacturers for injured plaintiffs, product.

The measure was approved by the votes of 80-35 and sent to Republican Governor Rick Scott. It had cleared the Senate.

The Bill, which is expected to sign the business-friendly Scott countered a decision 2001 Florida Supreme Court against Ford, who said, to introduce evidence of the root cause of a crash, such as driver error or drunkenness, product liability cases may not.

According to the new law, juries would have to "consider the fault of any person to an accident, have if damage in a products liability action allocation."

"The jury not to all the details, including a critical piece of information about the status of the driver, be unjust and absurd," said Barney Bishop III, President of associated industries of Florida, the State lobby of big business.

"Correct this injustice will now open the doors to the automotive production companies, which previously, the operation had not Florida as a base," added Bishop.

The legislation on the "crash"doctrine as the focus of a lobbying battle between trial lawyers representing injured parties and business interests led by Ford Motor Co.

Under this doctrine when, for example, "an airbag will fail while providing an initial collision and then collides the driver with the windshield, the manufacturer may be liable for damage caused by the defective airbag, due to the second collision" a personal analysis.

Democrats have argued, the Bill for the taxpayer injured would shift costs for medical care for crash victims and that manufacturers for their mistakes should be held responsible.

"See how much they paid, to ensure that in this case" State Republic Richard Steinberg, D-Miami, said in debate, referring to Ford and other business interests campaign contributions to the Republican legislators.

"What does this law is your fault, if it is it not a seat belt," added Steinberg. "But if the safety belt does not work, it's not their fault."

But State Republic Larry Metz, R Yalaha, the "doomsday scenario", said that plaintiff was earned empty sunk from the courthouse unfounded.

He said "Judge still decisions on quality and weight (evidence) can make,". "We should not relevant evidence from juries screens."

The law overrules the decision in the case of Karen d ' Amario, whose then teenage son was badly burned and three limbs he lost, as the car in was riding crashed into a tree and exploded. The driver was killed.

D ' Amario allegedly her son's injuries because the explosion was caused by a defective relay module to a fuel pump. The jury on the part of Ford, where he claims the switch was good and the fire on the collision fault because it the car broken sump.

The judge ruled that the jury was confused by the evidence, that the driver drunk and speeding up, instead of focusing on the product liability claim. The opinion reversed the jury verdict and said that such evidence should be excluded from future cases, the claim "Advanced" injuries.

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