Will Florida subscribe to the component seller doctrine? 'The Buck Stops Here' section 5 of the Restatement (Third) of Torts: products liability.

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Will Florida subscribe to the component seller doctrine? 'The Buck Stops Here' section 5 of the Restatement (Third) of Torts: products liability.

The component seller doctrine, embraced by [section]5 of the Restatement (Third) of Torts: Products Liability (hereinafter "[section]5" or "Third Restatement"), contemplates that the seller of a nondefective raw or component material, (2) which supplies the material to a manufacturer that combines it with other materials to produce a finished product, will not be held liable in strict liability for a defective finished product or for failure to warn of the dangers associated with the finished product. In other words, under [section]5, unless the seller of a nondefective component substantially participates in the integration of the component into an end product, liability arising from a defective end product generally will not attach to the component seller and the component seller does not have a duty to warn the end product consumer or intermediate manufacturer.

This article provides a brief background of the component seller doctrine and discusses [section]5 of the Third Restatement, including application of its underlying principles by Florida courts. The article continues by addressing potential arguments for and against [section]5, and concludes that the component seller doctrine of [section]5 should be adopted by the Florida courts and recognized in Florida jurisprudence as a legitimate ground for limiting the liability of component sellers, while ensuring that responsibility for defective or unreasonably dangerous end products is placed on those entities properly held accountable for such products. (3)

Background of the Component Seller Doctrine

Traditionally, there have ...

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