Senator Andy Gardiner, District 9 — Press Release

Business-friendly "Crashworthiness Doctrine" Passes its First Committee

Tort Reform Makes Progress through Florida Senate Judiciary Committee

TALLAHASSEE, Fla. — The Florida Senate Judiciary Committee today passed Senate Bill 142, also known as the Crashworthiness Doctrine, which will redefine negligence and liability in Florida. Sen. Garrett Richter, R-Naples, introduced the bill, which passed today with a 5-1 vote in the committee.

“This bill is in line with the Governor’s agenda to make Florida more attractive for businesses,” said Senate Majority Leader Andy Gardiner, R-Orlando. “Sen. Richter is carrying the torch for business-friendly tort reform as Senate Republicans work to create a more favorable business climate. In an economy where supporting our small businesses is critical, tort reform will break down barriers to job growth, including skyrocketing insurance costs and government red tape. I join Sen. Richter in supporting this bill and what it will do to promote a more civil justice system.”

According to a U.S. Chamber of Commerce study, Florida is ranked 42nd among all states for the fairness of its litigation environment. SB 142 will modify Florida’s statutes to match the majority of other state’s crashworthiness procedures. It changes the apportionment of fault in product liability cases in which a plaintiff alleges an additional or enhanced injury. Under the new bill, the fact finder must consider the fault of all entities who contributed to the automobile crash when apportioning fault among them.

“SB 142 is a common-sense tort reform initiative that allows the jury to hear the full story of what led to an automobile accident,” said Richter.  “I do not believe that holding vital information on what factors caused an accident from a jury adequately serves our justice system. Lady Justice should be blind, but she’s not deaf.”

SB 142 is scheduled to be heard next by the Commerce and Tourism Committee and then the Budget Committee.