On March 24, 2023, Florida enacted significant changes to its tort laws, marking a notable shift in how negligence is handled in the state. Among these changes, House Bill 837 (HB 837) brought about a pivotal modification to Florida’s comparative negligence law. This update moves Florida from a pure comparative negligence system to a modified comparative negligence system. This alteration has substantial implications for determining damage allocation in negligence claims, particularly when the plaintiff is also found to be partially responsible for their injuries. This article delves into what this change means for individuals and businesses in Florida.
Florida Comparative Negligence Law Change
Comparative Negligence: The Basics
Comparative negligence is a legal principle applied when both the plaintiff and the defendant are negligent and contribute to causing the plaintiff’s injury. Instead of completely barring recovery as in the older doctrine of contributory negligence, comparative negligence allows a plaintiff to recover damages even if they are partially at fault. The amount of damages they can recover is reduced by their percentage of fault.
For instance, imagine a scenario where a jury determines that a defendant is 75% responsible for an accident, and the plaintiff is 25% responsible. Under comparative negligence, the plaintiff can recover 75% of their total damages. The 25% of damages attributed to the plaintiff’s own negligence is not recoverable.
Florida adopted the doctrine of pure comparative negligence in 1973, through the landmark Florida Supreme Court case Hoffman v. Jones. This decision replaced the previous contributory negligence doctrine, which prevented plaintiffs from recovering any damages if their own negligence contributed to the injury, even minimally. The Florida Supreme Court in Hoffman v. Jones explicitly embraced the “pure form” of comparative negligence as the fairest way to allocate damages in negligence cases, emphasizing that liability should be based on the extent of fault in causing the damages, not merely on who suffered more.
The Shift to Modified Comparative Negligence in Florida
For five decades, Florida operated under the pure comparative negligence standard. However, with the amendment to section 768.81 of the Florida Statutes, effective March 24, 2023, Florida transitioned to a modified comparative negligence system. This change introduces a significant threshold regarding fault.
The amendment added subsection (6) to Florida Statute 768.81, which stipulates:
(6) Greater percentage of fault. — In a negligence action to which this section applies, any party found to be greater than 50 percent at fault for his or her own harm may not recover any damages. This subsection does not apply to an action for damages for personal injury or wrongful death arising out of medical negligence pursuant to chapter 766.
This means that in most negligence cases in Florida—excluding medical malpractice claims which are still under pure comparative negligence—a plaintiff who is found to be more than 50% at fault for their own injuries is barred from recovering any damages.
Previously, under pure comparative negligence, even if a plaintiff was significantly more at fault, say 80%, they could still recover 20% of their damages from the defendant. Now, under modified comparative negligence, a plaintiff who is 51% or more at fault will recover nothing. Using the previous example, if a plaintiff is found 55% at fault, and the defendant 45% at fault, the plaintiff recovers absolutely no damages. This is a stark contrast to the previous system and represents a major shift in Florida tort law.
While this is a substantial change for Florida, it aligns the state with the majority of U.S. states. Approximately 34 other states have already adopted some form of modified comparative negligence, reflecting a broader national trend in tort reform.
What Types of Claims are Affected by This Change?
The move to modified comparative negligence in Florida affects nearly all negligence claims within the state. The critical exception is medical malpractice claims, which remain under the pure comparative negligence standard as explicitly stated in the amended statute.
This change applies to all negligence lawsuits filed on or after March 24, 2023, the effective date of HB 837. Lawsuits filed before this date are still governed by the pure comparative negligence standard. Therefore, the timing of filing a negligence claim is crucial in determining which comparative negligence rule applies.
Conclusion: Understanding the Impact of Modified Comparative Negligence
Florida’s transition to modified comparative negligence is a significant development in its legal landscape. For plaintiffs filing negligence claims after March 24, 2023, it is now critical to understand that if they are deemed to be more than 50% at fault for their injuries, they will not be able to recover any damages.
This change necessitates that both individuals and businesses in Florida reassess their risk management and legal strategies. Defendants and their insurance providers will also need to adjust their approach to negligence claims in light of this new threshold for fault. Being aware of this major change in Florida’s tort system is essential for anyone involved in or potentially affected by negligence litigation in the state.
