X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Sunset falls over the Florida Supreme Court buildingSunset falls over the Florida Supreme Court building (Phil Sears)

In one of the most highly anticipated opinions in recent memory for products liability practitioners, manufacturers and clients, the Florida Supreme Court finally issued its opinion in Aubin v. Union Carbide on Oct. 29.

Aubin involved an asbestos and mesothelioma case tried by a jury, which returned a multimillion dollar verdict in favor of the plaintiff. While at first glance an asbestos case may seem not to have much relevance to other product cases (such as automobiles, recreational products, appliances and so forth), Aubin has mass appeal because it involved tensions between the consumer expectations and risk utility tests, as well as other issues involving causation. The primary focus of this article will be on the consumer expectation and risk utility tests issue. Aubin was on nearly everyone’s radar because the Florida Supreme Court approved the product liability instructions March 26, 2015. As it had for years, the recently enacted product liability instructions included both the reasonable consumer expectations test, as well as the risk utility standard. Oral arguments in Aubin took place in April 2014. As such, the product liability instructions were approved after the Aubin oral arguments but while the decision was still pending.

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at [email protected]

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.