Florida’s Comparative Negligence Rule

Florida’s Comparative Negligence Rule

The state of Florida has adopted a rule of “comparative negligence” in negligence and personal injury cases. This means that when an injured claimant and the defendant are both partially responsible for the injury that occurred, any award of damages to the claimant will be reduced by an amount equal to the claimant’s percentage of fault in the matter. This article will explain what the comparative negligence rule means in the state of Florida, as well as how this rule is applied in practice.

The comparative negligence rule in Florida is designed to prevent a plaintiff from recovering damages when they share fault in the matter of their injuries. When a claimant files a personal injury case, it must be established that the defendant (sometimes referred to as the “tortfeasor”) was primarily responsible for the harm done to the claimant. If the defendant can prove that the claimant was also partially at fault for the incident, this could reduce their liability for the case.

The comparative negligence rule in Florida follows the “modified” rule, which is a system of apportioning fault between each party involved in an incident. In other words, the claimant’s damages will be reduced in proportion to their degree of fault in the matter. For example, if the claimant was found to be 50% responsible for the incident and the defendant was found responsible for the other 50%, the claimant’s damages would be reduced by their percentage of fault.

However, it is important to note that comparative negligence is a “fault-based” doctrine. This means that the court can only reduce a plaintiff’s damages if they are found to have contributed to the incident in any way. In other words, the court cannot reduce the defendant’s percentage of fault if the plaintiff did not contribute to the incident. Additionally, the court may not reduce a defendant’s percentage of fault if the amount of the plaintiff’s fault is greater than or equal to the defendant’s percentage of fault.

That being said, comparative negligence does not automatically bar a claimant from recovering damages for their injuries. Courts will first determine the amount of damages owed to the claimant, and then reduce that damage award in proportion to the claimant’s degree of fault. This means that even if a claimant was found to be partly responsible for their own injury, they may still be able to recover damages from the defendant.

To put it simply, the comparative negligence rule in Florida allows a court to reduce the damages that may be recovered by a plaintiff if it is determined that the plaintiff shared some of the fault for the incident. It is important to note that this does not necessarily mean that the plaintiff will be barred from recovering damages altogether; rather, it simply means that their damages may be reduced in proportion to their degree of fault in the matter.

In Florida, the comparative negligence rule is applied when filing a personal injury claim against a negligent tortfeasor. To recover damages, a plaintiff must first prove that the tortfeasor’s actions were primarily responsible for the injury or damage. If it is determined that the plaintiff is partially at fault, then the award may be reduced in proportion to the claimant’s degree of fault in the matter. Understanding Florida’s comparative negligence rule is an important part of filing a personal injury case in the state.