Question 1

What is negligence in Florida?

Accepted Answer

Negligence is a legal cause of action based on a party’s failure to exercise reasonable care, resulting in harm to another. In Florida, negligence requires proof of four elements: duty (the defendant owed a duty of care to the plaintiff), breach (the defendant failed to meet the standard of care), causation (the defendant’s breach caused the plaintiff’s injury, both factually and proximately), and damages (the plaintiff suffered actual damages). Florida follows a modified comparative negligence standard (as of 2023): the plaintiff’s recovery is reduced by their percentage of fault, and the plaintiff is barred from recovery if they are more than 50% at fault (Section 768.81).

Question 2

What is the standard of care in Florida negligence?

Accepted Answer

Standard of care: the general standard is what a reasonable person would do under the same or similar circumstances. Special standards apply to: professionals (doctors, lawyers, engineers: the standard is what a reasonably competent professional in the same specialty would do), property owners (different duties to invitees, licensees, and trespassers under Florida’s premises liability law), children (the standard is what a reasonable child of the same age, intelligence, and experience would do), and common carriers (buses, airlines: a higher standard of extraordinary care). The standard of care is typically established through: expert testimony, industry standards, statutes and regulations, and custom and practice.

Question 3

What damages are available in a Florida negligence case?

Accepted Answer

Damages: compensatory damages (medical expenses past and future, lost wages past and future, pain and suffering, loss of enjoyment of life, property damage, and loss of consortium), punitive damages (available under Section 768.72 if the defendant’s conduct was intentional or grossly negligent; capped at the greater of 3x compensatory damages or $500,000 in most cases), and wrongful death damages (Section 768.21: survivors can recover for lost support and services, mental pain and suffering, medical and funeral expenses, and loss of companionship). Florida’s 2023 tort reform (HB 837) made significant changes: modified comparative negligence (51% bar), reduced statute of limitations from 4 to 2 years, and limited bad faith insurance claims.

Negligence

Negligence in Florida

Four Elements

Standard of Care

Damages

Related Terms

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