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Visnoski v. J.C. Penney Co.

District Court of Appeal of Florida, Second District
Oct 16, 1985
477 So. 2d 29 (Fla. Dist. Ct. App. 1985)

Summary

applying West to strict liability claims against retailers

Summary of this case from Aubin v. Union Carbide Corp.

Opinion

No. 84-2421.

October 16, 1985.

Appeal from the Circuit Court, Hillsborough County, Calvin A. Pope, J.

Dale M. Swope of Swope Jacobs, P.A., Tampa, for appellants.

No appearance on behalf of appellee.


In this products liability personal injury action, the trial court dismissed with prejudice appellants' strict liability claim against appellee, ruling that strict liability is not available against a non-manufacturing seller of an allegedly defective product. This was appellants' only claim against appellee. We reverse.

In Adobe Building Centers, Inc. v. Reynolds, 403 So.2d 1033 (Fla. 4th DCA 1981), our sister court held that the doctrine of strict liability in tort applies to a retailer and distributor of an allegedly defective product. As noted by the Fourth District in Reynolds, the Restatement (Second) of Torts § 402 A (1965), adopted in West v. Caterpillar Tractor Co., 336 So.2d 80 (Fla. 1976), specifically refers to a seller as being subject to strict liability. Furthermore, there is general accord among other jurisdictions that strict liability is applicable to retailers. See generally Annot., 13 A.L.R.3d 1057, 1099 (1967); 63 Am.Jur.2d Products Liability § 572 (1984).

Consistent with our sister court in Reynolds, we hold that the doctrine of strict liability in tort is available against appellee, the non-manufacturing seller of the allegedly defective lawn mower. We are not called upon to review the complaint otherwise and therefore express no opinion on its sufficiency.

REVERSED and REMANDED for further proceedings consistent herewith.

SCHEB, A.C.J. and SCHOONOVER, J., concur.


Summaries of

Visnoski v. J.C. Penney Co.

District Court of Appeal of Florida, Second District
Oct 16, 1985
477 So. 2d 29 (Fla. Dist. Ct. App. 1985)

applying West to strict liability claims against retailers

Summary of this case from Aubin v. Union Carbide Corp.
Case details for

Visnoski v. J.C. Penney Co.

Case Details

Full title:WILLIAM VISNOSKI AND SHIRLEY VISNOSKI, AS PARENTS AND NATURAL GUARDIANS OF…

Court:District Court of Appeal of Florida, Second District

Date published: Oct 16, 1985

Citations

477 So. 2d 29 (Fla. Dist. Ct. App. 1985)

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Wright ex rel. Doe v. Insight Pharms., LLC

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A retailer or seller of the product may also be held liable under strict liability. See Visnoski v. J.C.…