Published: February 08, 2011

Auto Manufacturers Liability Bill Must Protect First-Responders, Says FHP Leader

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TALLAHASSEE, Fla. - (BUSINESS WIRE) - A state bill to help automobile manufacturers in product liability cases should be amended to protect the rights of police officers, firefighters and other emergency personnel, according to a Florida Highway Patrol chapter union leader.

An FHP cruiser that caught on fire from a rear end collision, killing the trooper (Photo: Business Wire)

"Our state's first-responders put their lives on the line every day and should not be penalized for performing their duties in unsafe vehicles," said Trooper William Smith, president of the Florida Highway Patrol (FHP) chapter of the Police Benevolent Association.

Smith added that first-responders constantly face the risk of death or serious injury when performing their high-risk duties on Florida highways. "This bill, as currently written, is very disrespectful to our state's police, firefighters and other first-responders," he said. "Our state troopers, who have not received a raise in years, deserve far better treatment from our state legislature."

On Feb. 7, the state Senate Committee on Commerce and Tourism voted 6-1 in favor of SB 142, a bill that would reverse a 2001 Florida Supreme Court ruling on trial evidence in automobile product defect cases. Sponsored by Sen. Garrett Richter (R-Naples), the Senate bill would limit liability of manufacturers in cases involving injuries and deaths to occupants from a defective automobile.

However, the Senate committee rejected an amendment that the provisions of the bill would not apply to any first-responder, defined as a law enforcement officer, firefighter, emergency medical technician or paramedic.

"We strongly urge the Florida Senate and House to include this pro-law enforcement amendment in the final bill," said Miami attorney Edward Blumberg, a partner at Deutsch & Blumberg, P.A. and former president of The Florida Bar.

Blumberg, who has represented the families of several deceased and injured law enforcement officers, added, "Our first-responders and their families deserve our full support for their life-saving roles. Why would our Legislature ever want to take away any legal safety net that helps to protect them when performing their duties?"

A decade ago, the Florida Supreme Court held that auto manufacturers could be held solely liable for design defects that enhanced the injuries suffered by crash victims. In the ruling against a U. S. automaker, the court said that a driver's possible fault in causing an accident was not relevant to whether the vehicle had a defective design or product.

"First-responders deserve special consideration from the Legislature," said Smith, "as well as the thanks of every Florida resident."

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