Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 142
       
       
       
       
       
       
                                Barcode 422372                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Comm: UNFAV           .                                
                  02/07/2011           .                                
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       The Committee on Commerce and Tourism (Ring) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 72 - 77
    4  and insert:
    5         (b) In a products liability action alleging that injuries
    6  received by a claimant in an accident were greater than the
    7  injuries the claimant would have received but for a defective
    8  product, the trier of fact shall consider the fault of all
    9  persons who contributed to the accident when apportioning fault
   10  between or among them for the injuries that would have occurred
   11  but for the defective product. With respect to apportioning
   12  fault for the injuries that occurred solely as a result of the
   13  defective product, the trier of fact shall consider the fault of
   14  those persons who were responsible for the defective product and
   15  in addition the fault of any plaintiff who contributed to the
   16  accident and who at the time of the injury was under the
   17  influence of any alcoholic beverage or drug as defined in s.
   18  768.36 to the extent that the plaintiff’s normal faculties were
   19  impaired or who had a blood or breath alcohol level of 0.08
   20  percent or higher. However, if the trier of fact finds that as a
   21  result of the influence of such alcoholic beverage or drug the
   22  plaintiff was more than 50 percent at fault for his or her own
   23  harm, the plaintiff may not recover any damages.
   24  
   25  ================= T I T L E  A M E N D M E N T ================
   26         And the title is amended as follows:
   27         Delete lines 4 - 15
   28  and insert:
   29         “product liability action”; specifying how the trier of
   30  fact is to apportion damages in products liability actions where
   31  an enhanced injury is alleged; providing an exception if a
   32  plaintiff is impaired by alcohol or drugs; barring recovery by
   33  an impaired plaintiff who is more than 50 percent at fault for
   34  his or her own harm; providing an effective date.