Changes to Florida’s Shared Fault Law: What High School Students Should Know

– Governor Ron DeSantis signed a tort reform bill, HB 837, into law on March 24, 2023.
– The bill brings sweeping changes to Florida civil tort law, including a shift from pure to modified comparative negligence.
– Comparative negligence allows for damages to be awarded based on the degree of fault of the plaintiff and defendant.
– The new law will have significant implications for damages allocation in negligence claims. – Effective March 24, 2023, Florida’s comparative negligence law changed from pure comparative negligence to a modified comparative negligence standard.
– Under the new standard, if a plaintiff is found to be more than 50% at fault for their own harm, they cannot recover any damages in negligence actions, except for medical malpractice cases.
– This change means that even if a defendant is found to be partially responsible for a plaintiff’s damages, the plaintiff cannot recover any damages if they are deemed more than 50% at fault.
– Florida’s modified comparative negligence standard is now in line with the majority of other states, which also have some form of modified comparative negligence law. – The change in Florida to a modified comparative negligence standard affects all negligence claims in the state, except for medical malpractice claims.
– The change applies to all negligence lawsuits filed after March 24, 2023.
– Under the new standard, plaintiffs found to be more than 50% responsible for damages sought will not be able to recover any damages.

https://www.jimersonfirm.com/blog/2023/05/florida-tort-reform-bill-hb837-comparative-negligence/