Florida Statute 768.1256 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLV
TORTS

Chapter 768
NEGLIGENCE

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F.S. 768.1256

768.1256 Government rules defense.—

(1) In a product liability action brought against a manufacturer or seller for harm allegedly caused by a product, there is a rebuttable presumption that the product is not defective or unreasonably dangerous and the manufacturer or seller is not liable if, at the time the specific unit of the product was sold or delivered to the initial purchaser or user, the aspect of the product that allegedly caused the harm:

(a) Complied with federal or state codes, statutes, rules, regulations, or standards relevant to the event causing the death or injury;

(b) The codes, statutes, rules, regulations, or standards are designed to prevent the type of harm that allegedly occurred; and

(c) Compliance with the codes, statutes, rules, regulations, or standards is required as a condition for selling or distributing the product.

(2) In a product liability action as described in subsection (1), there is a rebuttable presumption that the product is defective or unreasonably dangerous and the manufacturer or seller is liable if the manufacturer or seller did not comply with the federal or state codes, statutes, rules, regulations, or standards which:

(a) Were relevant to the event causing the death or injury;

(b) Are designed to prevent the type of harm that allegedly occurred; and

(3) This section does not apply to an action brought for harm allegedly caused by a drug that is ordered off the market or seized by the Federal Food and Drug Administration.

History.—s. 15, ch. 99-225.

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Amendments to 768.1256

Annotations, Discussions, Cases:

Cases Citing Statute 768.1256

Total Results: 7

Tillman v. C.R. Bard, Inc.

96 F. Supp. 3d 1307, 2015 U.S. Dist. LEXIS 40338, 2015 WL 1456657

District Court, M.D. Florida | Filed: Mar 30, 2015 | Docket: 64301333

Cited 14 times | Published

Government Rules Defense, is set forth in section 768.1256(1) of the Florida Statutes, which provides:

In Re Trasylol Products Liability Litigation-MDL-1928

763 F. Supp. 2d 1312, 2010 U.S. Dist. LEXIS 140358, 2010 WL 5579867

District Court, S.D. Florida | Filed: May 10, 2010 | Docket: 1902782

Cited 3 times | Published

injuries. Id. at 293, 312. [17] Under FLA. STAT. § 768.1256, (1) In a product liability action brought against

In re Standard Jury Instructions in Civil Cases—Report No. 09-10

91 So. 3d 785, 2012 WL 1722576

Supreme Court of Florida | Filed: May 17, 2012 | Docket: 60309984

Cited 2 times | Published

NOTE ON USE FOR 403.18c Florida Statutes section 768.1256 provides for a rebuttable presumption in the

In Re STANDARD JURY INSTRUCTIONS IN CIVIL CASES—REPORT NO. 13-01 (PRODUCTS LIABILITY)

160 So. 3d 869, 2015 WL 1400770

Supreme Court of Florida | Filed: Mar 26, 2015 | Docket: 2644854

Cited 1 times | Published

NOTES ON USE FOR 403.11 1. F.S. 768.1256 provides for a rebutta-ble presumption in

Monsanto Company v. Lawrence J. Behar

District Court of Appeal of Florida | Filed: Jun 11, 2025 | Docket: 70513834

Published

warning label would be false and misleading. See § 768.1256(1), Fla. Stat. (“In a product liability action

In Re: Standard Jury Instructions in Civil Cases - Report No. 19-03

Supreme Court of Florida | Filed: Feb 27, 2020 | Docket: 16897140

Published

NOTE ON USE FOR 403.18c F.S. 768.1256 provides for a rebuttable presumption in the

Bennett ex rel. Bennett v. Forest Laboratories

99 F. Supp. 3d 1360, 2015 U.S. Dist. LEXIS 48895, 2015 WL 1648240

District Court, M.D. Florida | Filed: Apr 14, 2015 | Docket: 64301581

Published

Whether the claims are barred by Florida Statute § 768.1256? Forest Laboratories argues all claims are barred