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House Committee Amends Auto Manufacturers Liability Bill to Protect First-Responders

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

In a nearly unanimous voice vote, the subcommittee agreed that the pending bill in the Legislature (HB 201) would not apply to first-responders. That amendment will now be included in the bill when it goes to the House Judiciary and Budget Committees.

"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, in his testimony to the subcommittee. "The subcommittee's action shows that our legislators recognize the high-risks that come with the job."

In 2001, 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.

The current bill in the Legislature would reverse that ruling on trial evidence in automobile product defect cases. Sponsored by Marlene O'toole (R-The Villages), the bill would limit liability of manufacturers in cases involving injuries and deaths to occupants from a defective automobile.

With the House subcommittee's action, 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 Legislature 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 has represented the families of several deceased and injured law enforcement officers.

Thanking the subcommittee for its action, Smith added, "Our first-responders and their families deserve the Legislature's full support for their life-saving roles."

Photos/Multimedia Gallery Available: http://www.businesswire.com/cgi-bin/mmg.cgi?eid=6605859&lang=en

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