Affirmative Defenses in Florida Civil Litigation
Affirmative defenses are essential tools in Florida civil litigation that allow defendants to defeat or limit claims even when the plaintiff's factual allegations are true. Florida's 2023 tort reform legislation significantly strengthened several key defenses.
Post-Reform Defense Landscape
House Bill 837 (2023) transformed Florida's defense toolkit. The shift to modified comparative negligence means plaintiffs who are more than 50% at fault in negligence cases recover nothing, a dramatic change from the prior pure comparative negligence system. The reduction of the general negligence statute of limitations from four years to two years makes the limitations defense easier to establish.
Defense Selection Strategy
Effective Florida defense counsel evaluates every available affirmative defense early in the case. Dispositive defenses like limitations and res judicata are prioritized because they can eliminate the case on summary judgment. Damages-reducing defenses like comparative fault and failure to mitigate are preserved for trial. Contract-specific defenses like waiver, estoppel, and accord and satisfaction depend on the particular transaction and communications between the parties.
Related Terms
Barnes Walker Litigation
Barnes Walker's civil litigation team leverages Florida's full range of affirmative defenses for clients. Contact us for comprehensive defense representation.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC