Category: Affirmative Defenses

A Win for the Gig Economy: First Appellate Ruling on Florida’s TNC Statute Affirms Independent Contractor Protections

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In 2017, the Florida Legislature sought to regulate “Transportation Network Companies,” (TNCs), like Uber and Lyft, by passing section 627.748, Florida Statutes (2017) (TNC Statute). As discussed in more detail below, the TNC Statute generally shelters TNCs from vicarious liability for drivers’ actions if certain conditions are met. Florida’s Third District Court of Appeal recently issued the first state appellate ruling, confirming the protections afforded to TNCs under this Statute. See Abner v. Lyft Fla., Inc., No. 3D24-0479, 2025 WL 2969993 (Fla. Dist. Ct. App. Oct. 22, 2025). The Abner court agreed with the reasoning of the trial court and affirmed summary judgment for Lyft on a claim of vicarious liability under the TNC Statute, as well as a claim of negligent hiring and retention of the driver.

The case stemmed from a July 5, 2017, accident where a car driven by Rolando Cepero collided with a motorcycle driven by Dexter Franklin. At the time of the accident, Cepero was a ride-share contractor for Lyft providing a ride requested by a passenger through the Lyft platform. Plaintiff Natasha Abner, individually and as Franklin’s Guardian, sued Lyft claiming it was vicariously liable as Cepero’s “employer.” With her other claim, Abner also alleged Lyft negligently hired and retained Cepero. Lyft moved for summary judgment based on the TNC Statute, which went into effect just before the accident took place. The trial court granted summary judgment and Abner appealed.

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Causation Conundrums: Implications of Georgia Supreme Court’s Interpretation of Statute of Repose in Long-Term Product Use Cases

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When does the statute of repose clock start ticking on a product liability claim involving long-term repeat use of many individually purchased units of a product? According to the Georgia Supreme Court’s decision in Burroughs v. Strength of Nature Global, LLC, __ S.E.2d __, 2025 WL 2918923 (Ga. Oct. 15, 2025), the short answer is that the statute of repose starts anew for each individual unit. But, as Burroughs itself illustrates, that answer creates serious problems that may require the state’s legislature to intervene.

The Burroughs plaintiff alleged she developed uterine fibroids as a result of using chemical hair relaxers manufactured by the defendants repeatedly over nearly two decades. Specifically, she claimed she began using the products in 1995 at the age of six and used them six to eight times per year through 2014 (with one brief hiatus). She developed uterine fibroids in 2018 and filed suit in 2022. The defendants moved to dismiss the plaintiff’s strict liability claims on the basis that they were barred by the statute of repose. Georgia’s product liability statute of repose requires actions to be commenced within 10 years of “the date of the first sale for use or consumption of the personal property causing or otherwise bringing about the injury.” OCGA § 51-1-11(b)(2) (emphasis added). The trial court denied defendants’ motion. The court of appeals reversed, holding the plaintiff’s initial purchase of the first unit of the defendants’ products was a “first sale” that triggered the statute of repose and barred her filing an action more than 10 years later.

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New EU Product Liability Directive Published in Official Journal

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The countdown has begun towards the transformed European product liability landscape! The recently adopted European Union Product Liability Directive (PLD) was published in the Official Journal of the European Union today. Transposition of the PLD into domestic law of the EU member states must be completed by December 9, 2026. As we previously discussed, products put on the market after December 9, 2026, will be subject to the new PLD, while products placed on the market prior to this date will be subject to the laws currently in place.

Further information about the new PLD (including new risks and opportunities for businesses operating in the EU) can be found in our previous updates here and here. Faegre Drinker will continue to monitor developments as the member states transpose the PLD and the new rules take shape.

Affirmative Defenses; Collective Redress Directive; Discovery

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On October 10, the European Council adopted the European Union’s new Directive on Liability for Defective Products (PLD). The Council’s adoption of the new PLD represents a momentous step towards a complete restructuring of the EU’s product liability landscape as it will replace the current 40-year-old directive and soon become the EU’s new governing regime. The new PLD will enter into force 20 days after its publication in the Official Journal of the European Union. Thereafter, member states will have two years to transpose the directive into national law. Alongside the new Representative Actions Directive implemented last year, the product liability legal landscape is in the process of a great transformation in Europe.

Read the full article on the Faegre Drinker website.

Georgia Court of Appeals Confirms “First Sale” as Used in Statute of Repose Refers to Sale of First Unit of Repeatedly Purchased Products

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Georgia’s product liability statute of repose requires actions to be commenced within 10 years of “the date of the first sale for use or consumption” of the product at issue. OCGA § 51-1-11(b)(2) (emphasis added). While the concept of “first sale” is clear and intuitive in the context of a product that may be sold and then later resold, it may be somewhat less clear as applied to a consumable product that is purchased repeatedly over a lengthy period of time. Is the “first sale” of such a product the earliest transaction by which the plaintiff ever obtained the product, or does “first sale” merely refer to the initial purchase of each individual unit of the product as opposed to any subsequent resales? The Georgia Court of Appeals recently clarified that it is the former – “first sale,” for purposes of the statute of repose, refers to the “first sale” of any unit of the product to the plaintiff. Thus, subsequent purchases of a new unit of the product do not come with their own fresh repose periods.

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Washington Appellate Court Holds Statute of Repose Constitutional and Applicable in All Cases Applying Its Product Liability Act

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Statutes of repose serve as substantive outer limits on product liability claims after a certain time period following the product’s sale or use, potentially providing a complete defense in some jurisdictions and a rebuttable presumption of non-defectiveness in others.  But for a statute of repose to provide a viable defense, it must apply to the case at hand and survive constitutional scrutiny.  A recent appellate decision from Washington State provides good news on both fronts for defendants facing claims brought under the Washington Product Liability Act (WPLA).

In Erickson v. Pharmacia LLC, – P.3d –, 2024 WL 1905209 (Wash. Ct. App. May 1, 2024), three former teachers alleged injury from chemical exposure in middle school buildings built in the 1960s.  In 2018, the teachers filed product liability claims under the WPLA alleging that the chemicals at issue were not reasonably safe as designed and led to various adverse medical effects.  Because the plaintiffs had filed under the WPLA and the defendants did not contest that selection, the WPLA provided the substantive law governing the claims.  When the defendants moved for summary judgment on grounds that the claims were time-barred under the statute of repose contained in the WPLA, the plaintiffs argued that Missouri law (which has no statute of repose for product liability claims) should apply. The plaintiffs pointed to the fact that the chemicals were manufactured in Missouri and the manufacturer also had its principal place of business in Missouri.  The trial court agreed, and the case proceeded to a nine-figure jury verdict in the plaintiffs’ favor.

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