4 Elements Of Negligence in Florida Law Overview

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 products liability to intentional torts, like assault.

But most personal injury cases are actually brought under the legal theory known as negligence, which has a long and storied history in American law. In this article, we will discuss the Florida negligence law, the 4 elements of negligence under Florida law, and how they may apply to your situation.  For more information on Florida negligence statute, contact one of our experienced Florida personal injury lawyers near you for a free case evaluation at Abrahamson & Uiterwyk.

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.

What is Florida 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 Law, 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 are the 4 Elements of Negligence in Florida?

In the most general sense, negligence, in Florida, is when someone fails to exercise a degree of reasonable care expected of them to minimize risk of harm to another. The four elements of negligence in Florida are: duty of care, breach of duty, causation, and damage. Here’s how they are broken down:

1. Duty of Care. First, you need to show that the person/entity who injured them owed them a duty of care. This means that they had a legal obligation to do (or not do) something based on the relationship between the parties.
   
   For example, every driver on the road has a duty to others on the road to drive their vehicle safely and according to the law. Someone who owns a business open to the public owes a duty to visitors to keep their store as free of hazards as possible.
   
2. Breach of Duty. The second element requires you to prove a breach of duty to create a legal cause of action. For example, a driver breaches their duty by driving unsafely or breaking traffic laws. A store owner might breach their duty if they ignore a spill of some sort where customers travel.
   
3. Causation. To prove this element of negligence in Florida, you must show that the defendant’s actions directly caused your injuries or damages. This element of negligence in Florida, seems easy and logical, but there can be some complications. If one driver hits another and causes damage to their vehicle, causation is easy. But when there are multiple people or events that are involved in an accident, things can get confusing.
   
   If someone in a store accidentally knocks an item off a shelf which hits you, the cause of the accident is, at first glance, not the store owner. But if the store owner placed the item at a height and position that made it a danger for customers to navigate, then the injured customer may claim that the owner’s negligent act legally caused the harm. 
   
4. Damages/Injury. Finally, you must show that they suffered injuries or losses that can be compensated. Usually, this means financial compensation. While it seems clear that you can’t sue someone when you haven’t suffered damages of some kind, this is still an important step to completing a claim.
   
   Damages in Florida, must be proven by evidence such as medical bills, proof of lost wages, appraisals for property damage, and more. In addition, less concrete losses like pain and suffering and loss of life enjoyment are also possible losses that a plaintiff may ask for.
   

Florida negligence laws don’t just define what a claim is, they also define the type and amount of damages a plaintiff can seek. If you have suffered injuries in a car accident, slip and fall incident, or any other accident resulting from the negligence of another person or entity, you have the right to seek compensation. Contact us to schedule your 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 30 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.

Learn more about Florida Punitive Damages Cap.

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Resources:

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