Question 1

What statutes commonly support negligence per se claims in Florida?

Accepted Answer

Common statutes: Florida traffic code (Chapter 316): speeding, running red lights, DUI, failure to yield, Florida Building Code (Chapter 553): construction defects, building code violations, landlord-tenant act (Chapter 83): failure to maintain habitable premises, fire prevention code (Chapter 633): fire safety violations in commercial and multi-family buildings, health code violations (food safety, pool safety, sanitation), and child safety statutes (seat belt laws, pool barrier laws under Section 515.25). The statute must impose a specific duty (not just a general standard of conduct) to support negligence per se.

Question 2

How does negligence per se affect the burden of proof in Florida?

Accepted Answer

Burden impact: without negligence per se: the plaintiff must prove the standard of care and that the defendant breached it. With negligence per se: the plaintiff proves the statutory violation, which creates a presumption of negligence (the violation is the breach). The burden then shifts to the defendant to rebut the presumption by showing: the violation was excusable, the statute does not apply, or comparative negligence. The plaintiff still bears the burden of proving: the violation occurred, causation (the violation caused the injury), and damages. Negligence per se makes the plaintiff’s case easier to prove but does not guarantee recovery.

Question 3

Can a plaintiff use multiple statutes for negligence per se in Florida?

Accepted Answer

Multiple statutes: yes, a plaintiff can allege negligence per se based on multiple statutory violations in the same case. For example: a car accident plaintiff can allege violations of multiple traffic statutes (speeding AND running a red light AND DUI), a construction defect plaintiff can allege violations of multiple building code provisions, and a premises liability plaintiff can allege violations of fire code AND health code provisions. Each violation creates a separate basis for establishing breach. However: the plaintiff must prove each violation independently.

Negligence Per Se Statutory Violation: in Florida

Statutory Violations and Negligence Per Se in Florida

Common Statutes

Burden Shift

Multiple Violations

Related Terms

Barnes Walker Litigation

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