Florida Statutes
Part I - General Provisions (Ss. 768.041-768.39)
768.1256 - Government rules defense.


(1) In a product liability action brought against a manufacturer or seller for harm allegedly caused by a product, there is a rebuttable presumption that the product is not defective or unreasonably dangerous and the manufacturer or seller is not liable if, at the time the specific unit of the product was sold or delivered to the initial purchaser or user, the aspect of the product that allegedly caused the harm:
(a) Complied with federal or state codes, statutes, rules, regulations, or standards relevant to the event causing the death or injury;
(b) The codes, statutes, rules, regulations, or standards are designed to prevent the type of harm that allegedly occurred; and
(c) Compliance with the codes, statutes, rules, regulations, or standards is required as a condition for selling or distributing the product.

(2) In a product liability action as described in subsection (1), there is a rebuttable presumption that the product is defective or unreasonably dangerous and the manufacturer or seller is liable if the manufacturer or seller did not comply with the federal or state codes, statutes, rules, regulations, or standards which:
(a) Were relevant to the event causing the death or injury;
(b) Are designed to prevent the type of harm that allegedly occurred; and
(c) Require compliance as a condition for selling or distributing the product.

(3) This section does not apply to an action brought for harm allegedly caused by a drug that is ordered off the market or seized by the Federal Food and Drug Administration.
History.—s. 15, ch. 99-225.

Structure Florida Statutes

Florida Statutes

Title XLV - Torts

Chapter 768 - Negligence

Part I - General Provisions (Ss. 768.041-768.39)

768.041 - Release or covenant not to sue.

768.0415 - Liability for injury to parent.

768.042 - Damages.

768.0425 - Damages in actions against contractors for injuries sustained from negligence, malfeasance, or misfeasance.

768.043 - Remittitur and additur actions arising out of operation of motor vehicles.

768.07 - Railroad liability for injury to employees.

768.0705 - Limitation on premises liability.

768.075 - Immunity from liability for injury to trespassers on real property.

768.0755 - Premises liability for transitory foreign substances in a business establishment.

768.08 - Liability of corporations having relief department for injury to employees; contracts in violation of act void.

768.0895 - Limitation of liability for employers of persons with disabilities.

768.091 - Employer liability limits; ridesharing.

768.092 - Special mobile equipment; liability of lessors.

768.093 - Owner liability limits; powered shopping carts.

768.095 - Employer immunity from liability; disclosure of information regarding former or current employees.

768.096 - Employer presumption against negligent hiring.

768.098 - Limitation of liability for employee leasing.

768.0981 - Limitation on actions against insurers, prepaid limited health service organizations, health maintenance organizations, or prepaid health clinics.

768.10 - Pits and holes not to be left open.

768.11 - Pits and holes; measure of damages.

768.12 - Motor vehicle colliding with any animal at large on a public highway.

768.125 - Liability for injury or damage resulting from intoxication.

768.1256 - Government rules defense.

768.1257 - State-of-the-art defense for products liability.

768.128 - Hazardous spills; definitions; persons who assist in containing or treating spills; immunity from liability; exceptions.

768.13 - Good Samaritan Act; immunity from civil liability.

768.1315 - Good Samaritan Volunteer Firefighters’ Assistance Act; immunity from civil liability.

768.1325 - Cardiac Arrest Survival Act; immunity from civil liability.

768.1326 - Placement of automated external defibrillators in state buildings; rulemaking authority.

768.1335 - Emergency Medical Dispatch Act; presumption.

768.1345 - Professional malpractice; immunity.

768.135 - Volunteer team physicians; immunity.

768.1355 - Florida Volunteer Protection Act.

768.136 - Liability for canned or perishable food distributed free of charge.

768.137 - Definition; limitation of civil liability for certain farmers; exception.

768.138 - Interruption of electric utility service by order of law enforcement; immunity.

768.1382 - Streetlights, security lights, and other similar illumination; limitation on liability.

768.139 - Rescue of vulnerable person or domestic animal from a motor vehicle; immunity from civil liability.

768.14 - Suit by state; waiver of sovereign immunity.

768.16 - Wrongful Death Act.

768.17 - Legislative intent.

768.18 - Definitions.

768.19 - Right of action.

768.20 - Parties.

768.21 - Damages.

768.22 - Form of verdict.

768.23 - Protection of minors and incompetents.

768.24 - Death of a survivor before judgment.

768.25 - Court approval of settlements.

768.26 - Litigation expenses.

768.28 - Waiver of sovereign immunity in tort actions; recovery limits; civil liability for damages caused during a riot; limitation on attorney fees; statute of limitations; exclusions; indemnification; risk management programs.

768.295 - Strategic Lawsuits Against Public Participation (SLAPP) prohibited.

768.31 - Contribution among tortfeasors.

768.35 - Continuing domestic violence.

768.36 - Alcohol or drug defense.

768.37 - Limitation on civil liability arising from long-term consumption of food and nonalcoholic beverages.

768.38 - Liability protections for COVID-19-related claims.

768.381 - COVID-19-related claims against health care providers.

768.382 - Limitation of liability for certain voluntary engineering or architectural services.

768.39 - Immunity for educational institutions for actions related to the COVID-19 pandemic.