{"id":372596,"date":"2016-03-31T21:34:55","date_gmt":"2016-04-01T02:34:55","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/florida-law\/florida-negligence-laws.html"},"modified":"2022-12-20T12:13:05","modified_gmt":"2022-12-20T17:13:05","slug":"florida-negligence-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/florida-law\/florida-negligence-laws.html","title":{"rendered":"Florida Negligence Laws"},"content":{"rendered":"\n
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Florida Negligence Laws<\/h1>\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Garrett Monteagudo, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

The definition of negligence is failing to exercise the degree of reasonable care expected of someone in order to minimize the risk of harm to another person. It serves as the legal basis for many personal injury cases including car accidents, slip and falls, and medical malpractice. For example, a customer may sue a store for negligence<\/a> if they are electrocuted by a freezer that the store knew was malfunctioning and injuring people. In that case, the store had a duty to maintain a reasonably safe frozen food aisle for customers and workers.<\/p>\r\n

This article provides a general overview of Florida’s negligence laws.<\/p>\r\n

Statute of Limitations<\/h2>\r\n

There are time limits for filing lawsuits based on negligence, which are called statutes of limitations. These statutes of limitations generally vary depending on the type of negligence alleged in a particular case, but typically it’s four years in Florida.<\/p>\r\n

Florida Negligence Laws at a Glance<\/h2>\r\n

The chart below provides a summary related to Florida’s negligence laws, including links to important code sections.<\/p>\r\n\r\n

Statutes<\/p>\r\n<\/th>\r\n

Florida Statutes Title XLV. Torts:<\/p>\r\n

Damages<\/p>\r\n<\/th>\r\n

Damages are compensation provided to a plaintiff (person filing a lawsuit) for harm or injury suffered as a result of another’s negligence. The amount of damages<\/a> a plaintiff may recover depends on the circumstances of the case, including the following:<\/p>\r\n

Comparative Negligence<\/p>\r\n<\/th>\r\n

Florida is a comparative negligence<\/a> state. This means that if a plaintiff is partially at fault for an accident in which they suffer harm, that person’s recovery of damages will be reduced. Any contributory fault chargeable to the plaintiff diminishes economic and non-economic damages proportionate to the amount of that person’s fault, but it doesn’t completely prevent the plaintiff from recovering damages.<\/p>\r\n<\/td>\r\n<\/tr>

Contribution Among Tortfeasors<\/p>\r\n<\/th>\r\n

When more than one tortfeasor (person who acts negligently) is responsible for causing injury or damage to another, generally all must pay damages even if a judgment has not been entered against every responsible party. A defendant has a right of contribution from other tortfeasors if they paid more than their share of common liability.<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note:<\/i> State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.<\/i><\/p>\r\n

Florida Negligence Laws: Related Resources<\/h2>\r\n