Form 1.949 - IMPLIED WARRANTYCOMPLAINT
Plaintiff, A. B., sues defendant, C. D., and alleges:
1. This is an action for damages that (insert jurisdictional amount).2. Defendant manufactured a product known and described as (describe product).3. Defendant warranted that the product was reasonably fit for its intended use as (describe intended use).4. On .....(date)....., at ..................in ..................County, Florida, the product (describe the occurrence and defect that resulted in injury) while being used for its intended purpose, causing injuries to plaintiff who was then a user of the product. 5. As a result plaintiff was injured in and about his/her body and extremities, suffered pain therefrom, incurred medical expense in the treatment of the injuries, and suffered physical handicap, and his/her working ability was impaired; the injuries are either permanent or continuing in their nature and plaintiff will suffer the losses and impairment in the future. WHEREFORE plaintiff demands judgment for damages against defendant.
Fl. R. Civ. P. form 1.949
Amended by 265 So.2d 21, effective 1/1/1973; added by 211 So.2d 174, effective 10/1/1968.Committee Notes
1972 Amendment. This form is changed to require an allegation of the defect in paragraph 4. Contentions were made in trial courts that the form as presently authorized eliminated the substantive requirement that the plaintiff prove a defect except under those circumstances when substantive law eliminates the necessity of such proof. Paragraph 4 is amended to show that no substantive law change was intended.