Torts in Florida
Tort: civil wrong causing harm; legal liability. Types: intentional (battery, fraud), negligence (duty, breach, causation, damages), and strict liability (products, dangerous activities). FL negligence: comparative (Section 768.81); modified (2023): plaintiff > 50% fault = no recovery. Damages: economic (medical, wages), non-economic (pain, suffering), and punitive (Section 768.73: 3x or $500K; no cap for intentional). Pre-suit: medical malpractice (Section 766.106).
Types
- Intentional: battery, fraud
- Negligence: duty, breach, causation
- Strict liability: products
FL Negligence
- Comparative: Section 768.81
- Modified (2023): > 50% = no recovery
Damages
- Economic + non-economic
- Punitive: 3x or $500K cap
- Intentional: no cap
Related Terms
- Negligence — Duty of care
Barnes Walker Litigation
Barnes Walker’s attorneys handle tort cases in Florida. 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