Torts Flashcards
Wrongful Death
Florida’s Wrongful Death Act allows a lawsuit when someone’s death is caused by another person’s wrongful act, negligence, or breach of contract or warranty. The responsible party is held accountable just as if the person had survived. The law also allows the spouse and minor children (or adult children if there is no surviving spouse) to recover damages for their emotional pain and suffering. A wrongful death lawsuit is filed by the personal representative of the deceased’s estate, who seeks compensation on behalf of the surviving family members and the estate. In this case, Spouse, as the personal representative, has the right to file a wrongful death lawsuit.
Strict Products Liability
To recover damages, Spouse must show that (1) the product was defective due to a manufacturing flaw, poor design, or lack of proper warnings, (2) the defect was present when the product left the defendant’s control, and (3) the defect caused the injury while the product was being used as intended or in a way that was reasonably expected. Florida courts use the consumer-expectation test, meaning the plaintiff does not have to prove that a safer alternative design existed. However, both sides can present evidence of alternative designs and argue whether the product’s benefits outweighed its risks.
