Florida Products Liability Jury Instructions: What the Jury Is Told

When a product injury case goes to trial in Florida, the judge reads the jury a set of written rules. For products cases, those rules are Section 403 of the Florida Standard Jury Instructions in Civil Cases.

Below, each instruction is quoted word for word, followed by what it means in plain English. Words in parentheses and brackets are blanks the judge fills in for the case, or choices the judge makes. The instruction numbers are the Supreme Court's own numbering. The set below reflects the Florida Bar's published civil instructions updated September 16, 2026.

This is general education about the instructions, not advice about any case. The instructions are guides for juries. They do not predict what a jury will do.

403.2: Summary of claims

The jury first hears what each side claims:

"The claims [defenses] in this case are as follows. (Claimant) claims that the (describe product) [designed] [manufactured] [distributed] [imported] [sold] [or] [supplied] by (defendant) was defective and that the defect in the (describe product) caused [him] [her] harm."

"[(Claimant) [also] claims that [he] [she] sustained greater injuries than what [he] [she] would have sustained in the (describe accident) if the (describe product) had not been defective.]"

"[(Claimant) [also] claims that (defendant) was negligent in (describe alleged negligence), which caused [him] [her] to be injured by (the product).]" Fla. Std. Jury Instr. (Civ.) 403.2.

The second paragraph is for crashworthiness claims.

403.3: Greater weight of the evidence

"'Greater weight of the evidence' means the more persuasive and convincing force and effect of the entire evidence in the case." Fla. Std. Jury Instr. (Civ.) 403.3.

This is the burden of proof in a civil case. It is not the criminal standard of beyond a reasonable doubt.

403.4: Express warranty

"A product is defective if it does not conform to representations of fact made by (defendant), orally or in writing, in connection with the [sale] [transaction] on which (name) relied in the [purchase and] use of the product. [The representation must be one of fact, rather than opinion.]" Fla. Std. Jury Instr. (Civ.) 403.4.

A promise about the product, and you relied on it.

403.5: Implied warranty of merchantability

"A product is defective if it is not reasonably fit for either the uses intended or the uses reasonably foreseeable by (defendant)." Fla. Std. Jury Instr. (Civ.) 403.5.

403.6: Implied warranty of fitness for a particular purpose

"A product is defective if it is not reasonably fit for the specific purpose for which (defendant) knowingly sold the product and for which, in reliance on the judgment of (defendant), the purchaser bought the product." Fla. Std. Jury Instr. (Civ.) 403.6.

See negligence and warranty claims.

403.7: Strict liability

(a) Manufacturing defect.

"A product is defective because of a manufacturing defect if it is in a condition unreasonably dangerous to [the user] [a person in the vicinity of the product] and the product is expected to and does reach the user or consumer without substantial change affecting that condition."

"A product is unreasonably dangerous because of a manufacturing defect if it is different from its intended design and fails to perform as safely as the intended design would have performed." Fla. Std. Jury Instr. (Civ.) 403.7(a).

See manufacturing defects.

(b) Design defect.

"A product is defective because of a design defect if it is in a condition unreasonably dangerous to [the user] [a person in the vicinity of the product] and the product is expected to and does reach the user without substantial change affecting that condition."

"A product is unreasonably dangerous because of its design if [the product fails to perform as safely as an ordinary consumer would expect when used as intended or when used in a manner reasonably foreseeable by the manufacturer] [or] [the risk of danger in the design outweighs the benefits]."

"[In deciding whether (the product) was defective because of a design defect, you shall consider the state-of-the-art of scientific and technical knowledge and other circumstances that existed at the time of (the product's) manufacture, not at the time of the [loss] [injury] [or] [damage].]" Fla. Std. Jury Instr. (Civ.) 403.7(b).

See design defects.

The committee's notes add two points worth reading:

"Strict liability applies to all foreseeable bystanders." Fla. Std. Jury Instr. (Civ.) 403.7, Note on Use 2.

"In some cases, it may be appropriate to instruct the jury that, in addition to the designer and manufacturer, any distributor, importer, or seller in the chain of distribution is liable for injury caused by a defective product." Fla. Std. Jury Instr. (Civ.) 403.7, Note on Use 4.

403.8: Strict liability, failure to warn

"A product is defective when the foreseeable risks of harm from the product could have been reduced or avoided by providing reasonable instructions or warnings, and the failure to provide those instructions or warnings makes the product unreasonably dangerous." Fla. Std. Jury Instr. (Civ.) 403.8.

See failure to warn.

403.9: Negligence

"Negligence is the failure to use reasonable care, which is the care that a reasonably careful [designer] [manufacturer] [seller] [importer] [distributor] [supplier] would use under like circumstances." Fla. Std. Jury Instr. (Civ.) 403.9.

The instruction then adds that negligence is doing something a reasonably careful company would not do, or failing to do something it would do, under like circumstances.

403.10: Negligent failure to warn

"Reasonable care on the part of (defendant) requires that (defendant) give appropriate warning(s) about particular risks of (the product) which (defendant) knew or should have known are involved in the reasonably foreseeable use(s) of the product." Fla. Std. Jury Instr. (Civ.) 403.10.

403.11: Inference of product defect or negligence

There is no standard instruction text under 403.11. The committee gives notes. Note 2 describes a 1981 Florida appellate decision. The note says that decision held

"that when a product malfunctions during normal operation, a legal inference of product defectiveness arises, and the injured plaintiff has thereby established a prima facie case for jury consideration." Fla. Std. Jury Instr. (Civ.) 403.11, Note on Use 2.

The committee says it takes no position on the sufficiency of the instructions in cases where that inference applies.

403.12: Legal cause

(a) Legal cause generally.

"[A defect in a product] [Negligence] is a legal cause of [loss] [injury] [or] [damage] if it directly and in natural and continuous sequence produces or contributes substantially to producing such [loss] [injury] [or] [damage], so that it can reasonably be said that, but for the [defect] [negligence], the [loss] [injury] [or] [damage] would not have occurred." Fla. Std. Jury Instr. (Civ.) 403.12(a).

(b) Concurring cause.

"In order to be regarded as a legal cause of [loss] [injury] [or] [damage], [a defect in a product] [negligence] need not be the only cause." Fla. Std. Jury Instr. (Civ.) 403.12(b).

The defect does not have to be the only cause, as long as it contributes substantially.

403.13 and 403.14: Preliminary issue

Instruction 403.13 has no instruction text. The committee has not proposed a standard instruction on preliminary issues. Its note on privity says:

"In general, plaintiffs are not required to prove privity to establish strict liability." Fla. Std. Jury Instr. (Civ.) 403.13, Note on Use 2.

Instruction 403.14 then tells the jury how to apply the burden of proof on a preliminary issue if one is submitted. Its note says the bracketed language is for use if the claimant makes alternative claims of liability.

403.15: Issues on the main claim

The judge lists what the jury must decide. Three examples:

(d) Manufacturing defect:

"whether (the product) [was made differently than its intended design and thereby failed to perform as safely as intended and (the product) reached (claimant) without substantial change affecting the condition and, if so, whether that failure was a legal cause of the [loss] [injury] [or] [damage] to (claimant, decedent, or person for whose injury claim is made)." Fla. Std. Jury Instr. (Civ.) 403.15(d).

(f) Failure to warn:

"whether the foreseeable risks of harm from (the product) could have been reduced or avoided by providing reasonable instructions or warnings and the failure to provide those warnings made (the product) unreasonably dangerous and, if so, whether that failure was a legal cause of the [loss] [injury] [or] [damage] to (claimant, decedent, or person for whose injury claim is made)." Fla. Std. Jury Instr. (Civ.) 403.15(f).

(g) Negligence:

"whether (defendant) was negligent in (describe alleged negligence), and, if so, whether that was a legal cause of the [loss] [injury] [or] [damage] to (claimant, decedent, or person for whose injury claim is made)." Fla. Std. Jury Instr. (Civ.) 403.15(g).

The same instruction also lists express warranty (a), implied warranties (b) and (c), design defect (e), and negligent failure to warn (h).

403.16: Crashworthiness and "enhanced injury" claims

The committee gives a note, not instruction text. It says the summary of claims in a crashworthiness case "should explain that the plaintiff claims to have sustained greater injuries than would have been sustained if the product were not defective." Fla. Std. Jury Instr. (Civ.) 403.16, Note on Use.

403.17: Burden of proof on the main claim

"If the greater weight of the evidence does not support [one or more of] (claimant's) claim[s], your verdict should be for (defendant(s)) [on [that] [those] claim(s)]." Fla. Std. Jury Instr. (Civ.) 403.17.

The instruction then tells the jury what to do if the evidence does support the claim, including how to write down percentages of fault if there are several defendants.

403.18: Defense issues

(a) Comparative negligence:

"whether (claimant or person for whose injury or death claim is made) was [himself] [herself] negligent in (describe alleged negligence) and, if so, whether that negligence was a contributing legal cause of the injury or damage to (claimant)." Fla. Std. Jury Instr. (Civ.) 403.18(a).

(b) Apportionment of fault:

"whether (identify additional person(s) or entit(y)(ies)) [was] [were] also [negligent] [at fault] [responsible] in (describe alleged negligence, fault, or responsibility); and, if so, whether that [negligence] [fault] [responsibility] was a contributing legal cause of [loss] [injury] [or] [damage] to (claimant, decedent, or person for whose injury claim is made)." Fla. Std. Jury Instr. (Civ.) 403.18(b).

(c) Learned intermediary:

"whether (the defendant) provided reasonable instructions or warnings to (intermediary) and reasonably relied upon [it] [him] [her] to provide reasonable instructions or warnings to the user of (the product)." Fla. Std. Jury Instr. (Civ.) 403.18(c).

See defenses.

403.19: Burden of proof on defense issues

"If the greater weight of the evidence does not support (defendant's) defense[s] and the greater weight of the evidence supports (claimant's) [claim] [one or more of (claimant's) claims], then [your verdict should be for (claimant) in the total amount of [his] [her] damages.]" Fla. Std. Jury Instr. (Civ.) 403.19.

Related instructions outside Section 403

Negligence defined (401.4): "the failure to use reasonable care, which is the care that a reasonably careful person would use under like circumstances."

Damages (501.1 to 501.9): the jury is told to award an amount that "will fairly and adequately compensate" the injured person (501.1(b)). See damages and personal injury damages.

Comparative fault: see comparative fault.

Punitive damages (503.1 and 503.2): see punitive damages.

Wrongful death damages (502 series): see wrongful death damages.

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See the products liability overview.

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This page is general information, not legal advice. Jury instructions can change, and each case is different.