| 1 | Representative Gaetz offered the following: |
| 2 |
|
| 3 | Amendment (with title amendment) |
| 4 | Remove lines 78-103 and insert: |
| 5 | (b) In a products liability action brought by the claimant |
| 6 | alleging that because of a defective product the injuries |
| 7 | received by the claimant in a motor vehicle accident were |
| 8 | greater than the injuries the claimant would have received but |
| 9 | for the defective product, the trier of fact shall consider only |
| 10 | the fault of the persons responsible for the accident in regard |
| 11 | to the injuries directly caused by the accident and shall |
| 12 | consider only the fault of the persons responsible for the |
| 13 | defective product in regard to the injuries directly caused by |
| 14 | the defective product, unless the trier of fact cannot |
| 15 | distinguish the injuries directly caused by the defective |
| 16 | product, in which case the trier of fact shall consider the |
| 17 | fault of all persons who contributed to the accident and the |
| 18 | injuries and apportion liability between them. |
| 19 | (4) APPLICABILITY.- |
| 20 | (a) This section applies to negligence cases. For purposes |
| 21 | of this section, "negligence cases" includes, but is not limited |
| 22 | to, civil actions for damages based upon theories of negligence, |
| 23 | strict liability, products liability, professional malpractice |
| 24 | whether couched in terms of contract or tort, or breach of |
| 25 | warranty and like theories. In determining whether a case falls |
| 26 | within the term "negligence cases," the court shall look to the |
| 27 | substance of the action and not the conclusory terms used by the |
| 28 | parties. |
| 29 | (b) This section does not apply to any action brought by |
| 30 | any person to recover actual economic damages resulting from |
| 31 | pollution, to any action based upon an intentional tort, to any |
| 32 | action brought by a first responder, or to any cause of action |
| 33 | as to which application of the doctrine of joint and several |
| 34 | liability is specifically provided by chapter 403, chapter 498, |
| 35 | chapter 517, chapter 542, or chapter 895. For purposes of this |
| 36 | subsection, the term "first responder" means a law enforcement |
| 37 | officer as defined in s. 943.10, a firefighter as defined in s. |
| 38 | 633.30, or an emergency medical technician or paramedic as |
| 39 | defined in s. 401.23, whether such first responder is employed |
| 40 | full time, employed part time, or is a volunteer. |
| 41 |
|
| 42 |
|
| 43 | ----------------------------------------------------- |
| 44 | T I T L E A M E N D M E N T |
| 45 | Remove line 10 and insert: |
| 46 | action; providing that the doctrine of joint and several |
| 47 | liability applies to a tort action brought by a first responder; |
| 48 | defining the term "first responder"; providing the rules of |
| 49 | evidence apply; |