- Impact of Florida Tort Reform (HB 837)
– Florida House Bill 837, enacted in March
2023, impacts products liability and mass tort cases by shortening
the statute of limitations for negligence claims from four to two
years, revising Florida's comparative fault law, and requiring
disclosure of medical damages. Expect to see (i) a continued surge
in claims as plaintiffs rush to file before their limitation
deadlines; (ii) strategic shifts in defending against claims, in
light of the amended comparative fault law barring recovery if a
plaintiff is more than 50% at fault in many cases; and (iii) an
increased emphasis on accurate and comprehensive medical records
and related calculations, which could reduce compensation awards
and influence settlement negotiations and trial strategies.
Overall, these changes are designed to favor defendants in personal
injury cases, which may result in a downshift in the number or
valuation of plaintiffs' claims, particularly where their
recovery is limited.
- Tort Reform Impact on Risks of Thermonuclear
Verdicts – Thermonuclear verdicts, defined as those
exceeding $100 million, have become more prevalent, especially in
the pharmaceutical and medical device sectors. These large awards,
fueled by plaintiff-friendly venues, aggressive litigation tactics,
and sympathetic juries, have influenced products liability
litigation in Florida. However, with the 2023 tort reforms, there
is a reported decline in these verdicts due to increased scrutiny
on damages. Moving forward, both plaintiffs and defendants are
expected to adjust their strategies to navigate this evolving legal
landscape. Key focuses will include understanding jury dynamics,
conducting thorough risk assessments, presenting evidence
effectively to mitigate emotional bias, engaging in early
settlement discussions to avoid unpredictable jury outcomes, and
investing in expert witnesses early in the process.
- Integration of Artificial Intelligence in
Litigation – Expect advancements in Florida products
litigation with the integration of artificial intelligence. AI may
enhance case management by automating routine tasks, improving
efficiency, and reducing costs. It will enable advanced analysis of
large data volumes, allowing for quicker and more accurate
identification of key evidence. Predictive analytics will offer
valuable insights into case outcomes and settlement values,
informing strategic decisions. Legal research will become more
efficient, and virtual assistance will aid in drafting documents,
preparing for depositions, and managing trial logistics. However,
as AI becomes more prevalent, ongoing discussions about ethical
implications and the need for guidelines to ensure safe and fair
use are essential. While AI streamlines repetitive tasks, careful
review of its results is crucial due to technical challenges,
ethical concerns, and data security risks. The American Bar
Association's Rules of Professional Conduct highlight the
potential for unauthorized practice of law when using AI tools.
These same streamlining abilities may also be fraught with errors
and biases, leading to consumer litigation alleging harms due to
these factors. AI is here to stay, but attorneys must remain
diligent in analyzing its output.
- Rise in Class Action Lawsuits – There is
a notable increase in class action suits, particularly those
leveraging economic loss theories. Plaintiffs are increasingly
focusing on economic damages, even in the absence of physical
injuries, leading to a broader scope of potential claims against
manufacturers. This shift poses significant risks for defendants,
including challenges in class certification and disputes over
insurance coverage. To mitigate these risks, defendants should
adopt proactive case management strategies, conduct thorough
insurance reviews to ensure adequate coverage, and strategically
target named plaintiffs to prevent class certification. These
measures are important when navigating the evolving legal
environment and minimizing exposure to costly litigation.
- Empowered Consumers Driving Accountability – Consumer empowerment is a driving force in Florida products liability litigation, amplified by social media. With greater access to information, consumers are more informed and assertive, holding manufacturers accountable for product quality and safety. Social media platforms magnify consumer voices and enable rapid information sharing, intensifying scrutiny on manufacturers. Expect consumers to use these platforms to closely examine products and corporate actions, demanding transparency and higher standards. These empowered actions, fueled by social media, are likely to lead to a surge in class actions and other legal challenges, as consumers leverage their knowledge to influence litigation and drive change in product accountability.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
