# Fla. Stat. § 774.208: 774.208 Liability rules applicable to protect sellers, renters, and lessors

> Florida · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_FL_TXLV_C774_PII_S774.208

## Section

- **Citation:** Fla. Stat. § 774.208
- **Heading:** 774.208 Liability rules applicable to protect sellers, renters, and lessors
- **Jurisdiction:** Florida
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Florida Code / Title XLV / Chapter 774 / Part II / Section 774.208

## Text

(1)(a) In a civil action alleging an asbestos or silica claim, a product seller other than a manufacturer is liable to a plaintiff only if the plaintiff establishes that: 1.a. The product that allegedly caused the harm that is the subject of the complaint was sold, rented, or leased by the product seller; b. The product seller failed to exercise reasonable care with respect to the product; and c. The failure to exercise reasonable care was a proximate cause of the harm to the exposed person; 2.a. The product seller made an express warranty applicable to the product that allegedly caused the harm that is the subject of the complaint, independent of any express warranty made by the manufacturer as to the same product; b. The product failed to conform to the warranty; and c. The failure of the product to conform to the warranty caused the harm to the exposed person; or 3.a. The product seller engaged in intentional wrongdoing, as determined under the law of this state; and b. The intentional wrongdoing caused the harm that is the subject of the complaint. (b) For the purpose of sub-subparagraph (a)1.b., a product seller may not be considered to have failed to exercise reasonable care with respect to a product based upon an alleged failure to inspect the product, if: 1. The failure occurred because there was no reasonable opportunity to inspect the product; or 2. The inspection, in the exercise of reasonable care, would not have revealed the aspect of the product which allegedly caused the exposed person’s impairment.

(2) In a civil action alleging an asbestos or silica claim, a person engaged in the business of renting or leasing a product is not liable for the tortious act of another solely by reason of ownership of that product.

History: s. 8, ch. 2005-274; s. 108, ch. 2006-1.

## Nearby sections

- [Fla. Stat. § 774.201 774.201 Short title.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXLV_C774_PII_S774.201.md)
- [Fla. Stat. § 774.202 774.202 Purpose.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXLV_C774_PII_S774.202.md)
- [Fla. Stat. § 774.203 774.203 Definitions.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXLV_C774_PII_S774.203.md)
- [Fla. Stat. § 774.204 774.204 Physical impairment.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXLV_C774_PII_S774.204.md)
- [Fla. Stat. § 774.205 774.205 Claimant proceedings.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXLV_C774_PII_S774.205.md)
- [Fla. Stat. § 774.206 774.206 Statute of limitations; two-disease rule.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXLV_C774_PII_S774.206.md)
- [Fla. Stat. § 774.207 774.207 Scope of liability; damages.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXLV_C774_PII_S774.207.md)
- [Fla. Stat. § 774.208 774.208 Liability rules applicable to protect sellers, renters, and lessors.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXLV_C774_PII_S774.208.md)
- [Fla. Stat. § 774.209 774.209 Miscellaneous provisions.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXLV_C774_PII_S774.209.md)

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_FL_TXLV_C774_PII_S774.208. Check the current official text before relying on it. Not legal advice.