How does the doctrine of comparative fault apply in product liability cases?

The doctrine of comparative fault applies in product liability cases in Florida as it does in many other states across the country. Comparative fault is an assessment of fault between parties in a lawsuit, in this case between the manufacturer of a product and the injured party who purchased and/or used said product. In this scenario, the injured party may claim that the product was defective, which led to their injury. The manufacturer may then claim that there was a “contributory fault” by the injured party, such as not using the product as directed, not reading the warning labels, or being under the influence of drugs or alcohol at the time of the injury. If the manufacturer is able to prove that the fault lay partly with the injured party, the doctrine of comparative fault allows them to reduce the amount of damages they need to pay. For example, if the manufacturer is found 50% at fault, then the injured party’s damages are reduced by that same amount. Furthermore, if the injured party is found to be more at fault than the manufacturer, then they may not be eligible for any damages at all. Overall, the doctrine of comparative fault is a way for Florida courts to evaluate the degree of responsibility between parties in product liability cases. By determining the level of fault, courts can award injured parties the amount of compensation they deserve, and also ensure that manufacturers are not held liable for all the damages in a case when they were not entirely at fault.

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How does the doctrine of comparative fault apply in product liability cases?

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