From Caveat Emptor to Strict Liability: A Review of Products Liability in Florida

Authors

Richard C. Ausness, University of Kentucky College of LawFollow

Abstract

Since the doctrine of caveat emptor gave way to a more enlightened response, the courts have struggled to place the law of products liability on a proper doctrinal foundation. Negligence, implied warranty, and strict liability have been used, but as yet no universally accepted theory has emerged. In light of this problem this article will trace the development of seller's liability in Florida. Special emphasis will be placed upon implied warranty; in addition, the relationship between existing Florida case law, strict liability under the Restatement of Torts and the warranty provisions of the Uniform Commercial Code will be examined.

Document Type

Article

Publication Date

Spring 1972

8-8-2014

Notes/Citation Information

University of Florida Law Review, Vol. 24, No. 3 (Spring 1972), pp. 410-432

Repository Citation

Richard C. Ausness, From Caveat Emptor to Strict Liability: A Review of Products Liability in Florida, 24 U. Fla. L. Rev. 410 (1972).