Plaintiffs Regain Edge In Defective Design Cases In Fla.
By Carolina Bolado (November 20, 2015, 10:35 PM EST) -- The Florida Supreme Court's recent decision reinstating a $6.6 million jury verdict in a Union Carbide Corp. asbestos case should make it easier for plaintiffs to bring defective design claims now that the court has clarified that they do not need to propose reasonable alternative designs to prevail.
In a 5-2 ruling issued Oct. 29 in the closely watched Union Carbide v. Aubin, the state's high court rejected the Third District Court of Appeal's application of the "risk utility test" for design defect claims, which adds a burden on plaintiffs to prove a reasonable alternative design.
The decision returned the status...
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