- Impact of Florida Tort Reform (HB 837) – Florida House Bill 837, enacted in March 2023, impacts products liability and mass tort cases by shortening the statute of limitations for negligence claims from four to two years, revising Florida’s comparative fault law, and requiring disclosure of medical damages. Expect to see (i) a continued surge in claims as plaintiffs rush to file before their limitation deadlines; (ii) strategic shifts in defending against claims, in light of the amended comparative fault law barring recovery if a plaintiff is more than 50% at fault in many cases; and (iii) an increased emphasis on accurate and comprehensive medical records and related calculations, which could reduce compensation awards and influence settlement negotiations and trial strategies. Overall, these changes are designed to favor defendants in personal injury cases, which may result in a downshift in the number or valuation of plaintiffs’ claims, particularly where their recovery is limited.
- Tort Reform Impact on Risks of Thermonuclear Verdicts – Thermonuclear verdicts, defined as those exceeding $100 million, have become more prevalent, especially in the pharmaceutical and medical device sectors. These large awards, fueled by plaintiff-friendly venues, aggressive litigation tactics, and sympathetic juries, have influenced products liability litigation in Florida. However, with the 2023 tort reforms, there is a reported decline in these verdicts due to increased scrutiny on damages. Moving forward, both plaintiffs and defendants are expected to adjust their strategies to navigate this evolving legal landscape. Key focuses will include understanding jury dynamics, conducting thorough risk assessments, presenting evidence effectively to mitigate emotional bias, engaging in early settlement discussions to avoid unpredictable jury outcomes, and investing in expert witnesses early in the process.
- Integration of Artificial Intelligence in Litigation – Expect advancements in Florida products litigation with the integration of artificial intelligence. AI may enhance case management by automating routine tasks, improving efficiency, and reducing costs. It will enable advanced analysis of large data volumes, allowing for quicker and more accurate identification of key evidence. Predictive analytics will offer valuable insights into case outcomes and settlement values, informing strategic decisions. Legal research will become more efficient, and virtual assistance will aid in drafting documents, preparing for depositions, and managing trial logistics. However, as AI becomes more prevalent, ongoing discussions about ethical implications and the need for guidelines to ensure safe and fair use are essential. While AI streamlines repetitive tasks, careful review of its results is crucial due to technical challenges, ethical concerns, and data security risks. The American Bar Association’s Rules of Professional Conduct highlight the potential for unauthorized practice of law when using AI tools. These same streamlining abilities may also be fraught with errors and biases, leading to consumer litigation alleging harms due to these factors. AI is here to stay, but attorneys must remain diligent in analyzing its output.
- Rise in Class Action Lawsuits – There is a notable increase in class action suits, particularly those leveraging economic loss theories. Plaintiffs are increasingly focusing on economic damages, even in the absence of physical injuries, leading to a broader scope of potential claims against manufacturers. This shift poses significant risks for defendants, including challenges in class certification and disputes over insurance coverage. To mitigate these risks, defendants should adopt proactive case management strategies, conduct thorough insurance reviews to ensure adequate coverage, and strategically target named plaintiffs to prevent class certification. These measures are important when navigating the evolving legal environment and minimizing exposure to costly litigation.
- Empowered Consumers Driving Accountability – Consumer empowerment is a driving force in Florida products liability litigation, amplified by social media. With greater access to information, consumers are more informed and assertive, holding manufacturers accountable for product quality and safety. Social media platforms magnify consumer voices and enable rapid information sharing, intensifying scrutiny on manufacturers. Expect consumers to use these platforms to closely examine products and corporate actions, demanding transparency and higher standards. These empowered actions, fueled by social media, are likely to lead to a surge in class actions and other legal challenges, as consumers leverage their knowledge to influence litigation and drive change in product accountability.
About the Authors:
Sabrina R. Gallo is chair of the Miami Product Liability & Mass Torts Litigation Group, and Akiesha Gilcrist Sainvil is a shareholder and Isabelle Sadiq is an associate in the Miami office of Greenberg Traurig, LLP. The firm’s Miami office, founded in 1967 by business-savvy attorneys with a commitment to community service and diversity, has actively supported South Florida’s growth as an international financial and cultural center. As the gateway between the United States and Latin America, Miami is not only the place where Greenberg Traurig was founded, but is an essential hub of the firm’s global network. With a team of more than 180 attorneys based in Miami, Greenberg Traurig delivers targeted legal services and solutions to clients around the world. Today, the office is proud of its “Miami Roots, Global Reach.” The attorneys advise local, national, and international companies in numerous industry sectors, including aviation, construction, entertainment, financial institutions, gaming, healthcare, infrastructure, international finance, manufacturing, real estate, hospitality, retail, and technology.