Florida Statute 768.1257 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLV
TORTS

Chapter 768
NEGLIGENCE

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768.1257 State-of-the-art defense for products liability.—In an action based upon defective design, brought against the manufacturer of a product, the finder of fact shall consider the state of the art of scientific and technical knowledge and other circumstances that existed at the time of manufacture, not at the time of loss or injury.

History.—s. 14, ch. 99-225.

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Amendments to 768.1257

Annotations, Discussions, Cases:

Cases Citing Statute 768.1257

Total Results: 6

Sta-Rite Industries, Inc. v. Levey

909 So. 2d 901, 2004 WL 2955038

District Court of Appeal of Florida | Filed: Dec 22, 2004 | Docket: 1663341

Cited 8 times | Published

device was indeed feasible at that time.[3] See § 768.1257, Fla. Stat. (2003) ("In an action based upon

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

7d applies only in defective design cases. F.S. 768.1257, NOTES ON USE FOR 403.18 1. Comparative negligence

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

applies only in defective design cases. F.S. 768.1257. e. Apportionment of fault:

Danny Crawford v. ITW Food Equipment Group, LLC

Court of Appeals for the Eleventh Circuit | Filed: Oct 21, 2020 | Docket: 18557455

Published

not at the time of loss or injury.” Fla. Stat. § 768.1257. The district court concluded that this defense

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

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

Published

to better track the statutory language of section 768.1257, Florida Statutes (2019): [In

Bohack v. Keller Industries, Inc.

895 So. 2d 1113, 2005 Fla. App. LEXIS 576, 2005 WL 156775

District Court of Appeal of Florida | Filed: Jan 26, 2005 | Docket: 64836522

Published

evidence that would have been admissible under section 768.1257, Florida Statutes (2003), which, in a defective

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 768 in the context of negligence and personal injury claims and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.