Florida Statutes

Fla. Stat. § 768.1257 (2025)

State-of-the-art defense for products liability.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 10 cases (4 in the last 5 years), 2004–2025 · leading case: Danny Crawford v. ITW Food Equip. Grp., LLC, 977 F.3d 1331 (11th Cir. 2020).

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Danny Crawford v. ITW Food Equip. Grp., LLC, 977 F.3d 1331 (11th Cir. 2020). · cites it 3× “” Fla. Stat. § 768.1257 . The district court concluded that this defense only applied to strict liability and not negligence actions and, because Crawford had voluntarily dismissed his strict liability claim, declined to give the instruction.”

Sta-Rite Indus., Inc. v. Levey, 909 So. 2d 901 (Fla. 3d DCA 2004). · cites it 2× “[3] See § 768.1257, Fla. Stat. (2003) ("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…”

In Re Fosamax Prods. Liab. Litig., 742 F. Supp. 2d 460 (S.D.N.Y. 2010). “" Fla. Stat. Ann. § 768.1257 ; see also Levey, 909 So.”

Bohack v. Keller Indus., Inc., 895 So. 2d 1113 (Fla. 4th DCA 2005). · cites it 2× “At trial, the order prevented Bohaek from presenting evidence that would have been admissible under section 768.1257, Florida Statutes (2003), which, in a defective design case, allows evidence pertaining to “the state of the art of scientific and technical knowledge and other…”

Sims v. BMW of North Am. LLC (M.D. Fla. 2025). · cites it 5× “7, however, states: “For the state-of-the-art defense see, F.S. 768.1257.” at the time of manufacture.”

In Re: Stand. Jury Instructions in Civil Cases - Report No. 19-03 (Fla. 2020). · cites it 4× “New Note on Use 5 is added to refer the reader to section 768.1257, Florida Statutes, for the state-of-the-art defense.”

Boles v. Merck & Co., 742 F. Supp. 2d 460 (S.D.N.Y. 2010). “” Fla. Stat. Ann. § 768.1257 ; see also Levey, 909 So.”

Melaney v. Harbor Freight Tools USA, Inc. (M.D. Fla. 2023). · cites it 2× “§ 768.1257 (the “State-of-the-Art Affirmative Defense”).”

Milanesi v. C.R. Bard, Inc. (S.D. Ohio 2021). “Fla. Stat. § 768.1257 ; Eghnayem v. Bos. Sci.”

Milanesi v. C.R. Bard, Inc. (S.D. Ohio 2022). “” Fla. Stat. § 768.1257 . Defendants claim that Plaintiffs’ arguments run contrary to the “shall consider” language of § 768.”

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