4 Elements of Negligence in Florida Law Overview

TL;DR

• Personal injury law covers claims like negligence, product liability, and intentional torts.
• Florida negligence requires proving duty, breach, causation, and harm.
• Comparative negligence reduces recovery if the injured party shares fault; over 50% fault bars recovery.
• Damages can include medical costs, lost wages, and pain and suffering.
• Experienced Florida personal injury lawyers can help assess claims and secure compensation.

Most people are familiar with the term personal injury law. However, this is just an umbrella term that covers a wide range of possible legal claims, from product liability to intentional torts, like assault. These cases often revolve around breach of duty, which can lead to significant harm, whether civil or criminal in nature.

But most personal injury cases are actually brought under the legal theory known as negligence, a statute with a long and storied history in American law. Negligence establishes a standard of care that individuals must adhere to, and when that duty is breached, the defendant may be held liable for the damages caused to the plaintiff. In negligence cases, the plaintiff must prove that the defendant’s actions violated the established legal duty, causing injury or harm.

This concept of negligence is tied to liability, responsibility, and accountability, and it applies not only to personal injury but also to other areas of law where harm has been caused due to failure to meet a legal standard. The negligence statute plays a vital role in determining whether the defendant acted with negligent disregard for the safety or well-being of others, thus affecting the outcome of the case.

In Florida, negligence law requires proof of four elements: duty, breach of duty, causation, and harm. These elements are essential for a negligence claim to succeed. The duty refers to the responsibility one person owes to another, such as maintaining a safe environment or following safety regulations. Breach occurs when that duty is violated, either through an action or a failure to act. Causation links the breach to the harm or injury suffered by the plaintiff. Finally, harm involves showing that the plaintiff experienced injury, damage, or loss.

For more information on Florida negligence statute, statutory guidelines, or how to navigate negligence claims, contact one of our experienced Florida personal injury lawyers near you. Our team is ready to help assess the strength of your claim, ensure your legal rights are upheld, and resolve the case to obtain compensatory damages. Contact Abrahamson & Uiterwyk for a free case evaluation to understand how this legal standard applies to your situation and ensure that justice is served.

Florida and Comparative Fault

Florida is a modified comparative negligence state. Under modified comparative negligence, means that if you are found to be no more than 50% at fault for the accident, your recovery is reduced by the same proportion as your percentage of fault. For example, if you are found to be 20% at fault in an accident, you may still recover 80% of your damages in a lawsuit. If, however, your percentage of fault is found to be more than 50%, you are barred from any recovery under the law.

Comparative Negligence in Florida

Rarely is an accident or act of negligence entirely the fault of one person or one entity. Sometimes a negligence victim holds some degree of responsibility for their own injury. But should this mean that someone is not able to recover damages from the party that is mostly at fault for their injury? In Florida, the answer is no. Even if you have some degree of responsibility for your own injury, you may still be able to recover damages under the rule of comparative negligence.

What is Comparative Negligence?

What is the Florida negligence law? Florida is one of the many states that applies the rule of modified comparative negligence. The comparative negligence statute¹ states that when both a plaintiff and a defendant in a case are negligent in some way, the court must make a determination of each party’s percentage of fault and award any damages proportionate to this fault.

For example, a jury in an auto accident case finds that a plaintiff sustained $100,000 in damages. The same jury also finds that the defendant in the case was 80% at fault for the accident (for running a red light and speeding) and the plaintiff was 20% at fault (for not wearing a seatbelt). In this case, the plaintiff would be apportioned $80,000 in damages from the defendant under the rule of comparative negligence.

Florida has a “modified” comparative negligence rule. This means that a plaintiff can recover from a defendant as long as the plaintiff does not have more than 50% of the fault. If the plaintiff’s share of the fault is found to be over 50%, then the plaintiff recovers nothing.

How is Comparative Negligence Different from Contributory Negligence?

Five jurisdictions in the United States follow the rule of contributory negligence. Under the outdated rule of contributory negligence, an individual who is injured can be barred from receiving any damages for an injury if they contributed to that injury in any way. Even if a jury found that the victim was only 1% at fault for the injury, the victim will not be able to recover any damages against the party that was 99% at fault. The contributory negligence rule is very unfair to injured individuals and makes a personal injury case an uphill battle.

What is Florida’s Negligence Law?

You may be wondering, “What is Florida Negligence Law?” Florida’s negligence law, also known as Tort Law, holds people accountable when their actions or inactions cause harm to others. Negligence can consist of doing something that a reasonably cautious person would not do, like running a red light at an intersection, or failing to do something that a reasonable person would do under the circumstances, such as not cleaning up a spill on a floor thus creating a risk of harm to others.

Sometimes, both the defendant and the injured person can be negligent. An example might be a driver who turns left in front of another motorist who is speeding. If the speeding driver brings a lawsuit for injuries, a jury will determine the percentage of negligence chargeable to the defendant for violating the other driver’s right of way, as well as the percentage of comparative negligence attributable to the speeding driver. Under Florida’s Comparative Negligence Law², found at § 768.81 (2023) (section 768.81 of the Florida Statutes), if the injured person is found to be more than 50% responsible for the accident, he or she is barred from any recovery of damages. If, on the other hand, the injured person is found to be 50% or less responsible, his or her damages are reduced by that same percentage.

What is the Negligence Statute and What are the 4 Key Elements of Negligence in Florida?

In Florida, negligence is generally defined as the failure to exercise a reasonable degree of care expected to prevent harm to others. The four essential elements of negligence in Florida include: duty of care, breach of duty, causation, and damages. Here’s how each of these elements is broken down:

1. Duty of Care. The first element requires showing that the person or entity who caused the injury owed a duty of care to the injured party. This duty refers to a legal obligation based on the relationship between the parties involved.
   
   For instance, every driver has a duty to operate their vehicle safely and in compliance with traffic laws. Similarly, a business owner who opens their establishment to the public has an obligation to ensure that the premises are free from hazards that could harm customers.
   
2. Breach of Duty. The second element is proving that a breach of duty occurred. This breach establishes the legal foundation for a negligence claim. For example, a driver breaches their duty if they drive recklessly or violate traffic laws. Likewise, a store owner breaches their duty if they fail to clean up a spill, creating a hazardous situation for customers.
   
3. Causation. Causation refers to demonstrating that the defendant’s actions directly caused the injuries or damages sustained. While this element might seem straightforward, it can become complicated in situations involving multiple parties or events.
   
   For example, if one driver hits another and damages their vehicle, establishing causation is clear. However, in situations like a store accident, where an item falls off a shelf and injures a customer, causation may initially seem indirect. If the store owner positioned the item in a way that posed a danger to customers, the injured party could argue that the owner’s negligent actions were the legal cause of the harm.
   
4. Damages/Injury. The final element requires showing that the injured party suffered actual damages or losses that are compensable. This typically refers to financial losses, though it can also include other forms of harm. It is essential to prove that damages exist in order to pursue a claim. Understanding the difference between compensatory damages vs punitive damages can help clarify what types of losses may be recoverable in a negligence claim.
   
   In Florida, damages are supported by evidence such as medical bills, proof of lost wages, property damage appraisals, and more. Additionally, less tangible losses, such as pain and suffering or loss of enjoyment of life, can also be claimed.

Florida’s negligence laws not only outline what constitutes a claim but also specify the types and amounts of damages a plaintiff may seek. If you have been injured due to the negligence of another part, whether in a car accident, slip and fall, or any other situation, you have the right to seek compensation. Reach out to us to schedule a free case review.

Injured By Someone’s Negligence in Florida? Call Abrahamson & Uiterwyk Today!

If you suffer injuries or other damages in an accident caused by someone else’s negligence, you have the right to seek compensation. And while filing any legal claim seems scary, the nearby personal injury team at Abrahamson & Uiterwyk is here to make the process as stress-free as possible.

We know the law and proudly boast 35 Years of experience successfully representing clients throughout Florida. We offer potential clients a free case evaluation to assess your claim and advise you on the best legal path for your recovery.

To schedule an appointment with us, call us at 813-223-5295 or contact us on our website.

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Resources:

1. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html ↩︎
2. http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/0768ContentsIndex.html ↩︎