What Is Comparative Negligence?
In Florida personal injury and property damage cases, accidents are rarely 100% one person's fault. If a pedestrian is hit by a speeding car while jaywalking, both the driver and the pedestrian share some blame. Florida's comparative negligence system (codified in Florida Statute 768.81) allows the jury to precisely divide the fault.
Under Florida's modified comparative negligence rule (effective March 24, 2023, under HB 837), a plaintiff can recover damages only if they are found to be 50% or less at fault. If the plaintiff is 51% or more at fault, they recover nothing.
How It Works in Practice
Suppose a tenant slips and falls on a broken staircase in a Florida apartment building. The tenant sues the landlord for $100,000 in medical bills. The jury finds:
- The landlord was 70% at fault for failing to repair the crumbling step.
- The tenant was 30% at fault because they were texting while walking and ignored a "Caution" sign.
Under comparative negligence, the tenant's $100,000 award is reduced by their 30% of fault. The tenant receives $70,000 instead of the full $100,000.
The 2023 Tort Reform Change
Before 2023, Florida used "pure" comparative negligence, meaning a plaintiff who was 99% at fault could still recover 1% of their damages. Governor DeSantis signed HB 837, switching Florida to a "modified" system with a 51% bar. This massive change means that if a jury finds you are even slightly more at fault than the defendant, you get absolutely nothing. This dramatically shifts the legal landscape in premises liability, construction defect, and commercial landlord negligence cases.
Related Terms
- Damages — The financial award reduced by the plaintiff's percentage of fault
- Breach of Contract — A separate cause of action not governed by comparative negligence
- Eviction — A landlord-tenant action distinct from negligence claims
Barnes Walker Litigation Defense
Barnes Walker's civil trial attorneys aggressively defend Florida commercial landlords and property owners against premises liability claims, utilizing Florida's modified comparative negligence framework to prove the plaintiff's own reckless behavior contributed to their injuries, dramatically reducing or eliminating our clients' exposure. Request a legal inquiry for assistance.
Florida Law Reference
Fla. Stat. Ch. 768
Governs negligence claims in Florida, including the modified comparative fault standard (effective March 2023) that bars recovery if the plaintiff is more than 50% at fault.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC