Civil Litigation
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McCorvey v. Baxter Healthcare Corp.
15 Fla. L. Weekly Fed. c839 (11th Cir. August 2, 2002)
In order to prove a strict liability claim, a plaintiff must show that there was a product produced by a manufacturer that was defective in that it created an unreasonably dangerous condition that proximately caused the injury in question. Thus, the presumption is that the product was defective at the time of the injury as well as at the time the product was sold when that product "malfunctions during normal operation." Furthermore, the subsequent destruction or disposal of the product, although important, does not bar a claim. Rather, a party can establish entitlement by negating other potential causes of the accident
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