Florida Tort Reform 1999

In early June, Governor Jeb Bush passed a new law in Florida that changes how lawsuits for certain things (like products that hurt people) work. Some key changes include a limit on how long you can sue for a defective product, and new defenses for companies to use in court. These changes are meant to make Florida more friendly to businesses. The law has been changed to make it harder to get punitive damages in product liability cases. Now, there must be clear and convincing evidence that the defendant knew their actions were wrong and would likely cause harm. It’s no longer enough to show just reckless behavior. This should make it more difficult for plaintiffs to win punitive damages in these cases. Employers can be held responsible for punitive damages if they were actively involved in or knew about their employee’s wrongful behavior. The amount of punitive damages they have to pay is limited, usually to three times the actual damages or $500,000. There are some exceptions for cases involving abuse of children, the elderly, or disabled people, as well as for cases involving drunk people causing harm. Punitive damages can only be awarded once for the same behavior, unless a judge decides the punishment wasn’t enough. Lawyers can only get a cut of the punitive damages based on the final decision, not the initial jury award.

The way fault is divided between parties in lawsuits has changed. If a defendant is found to be less than 10% at fault, they won’t have to pay anything. If they’re 10-25% at fault, they only have to pay up to $200,000. If they’re 25-50% at fault, they only have to pay up to $500,000. If they’re more than 50% at fault, they only have to pay up to $1 million. This law sets out different rules for how much a defendant has to pay in a lawsuit, depending on how much they were at fault. The more at fault they are, the more money they might have to pay. But if the plaintiff is partly at fault too, that can change things. And if the defendant did a background check before hiring someone who later caused harm, that can protect the employer from being sued for negligence. If you own property, you are protected from liability for injuries to people who are trespassing on your property, as long as you didn’t intentionally or negligently cause the injury. If someone is injured while trespassing and they were under the influence of alcohol or drugs and more than 50% responsible for their own injury, they cannot recover damages. However, if someone is invited onto your property or you have left it open for people to come in, you have a duty to warn them of any dangerous conditions.

In Florida, if you own a vehicle that is involved in an accident, you are responsible for the damage caused by that vehicle. However, if you lease a vehicle, the leasing company is responsible for the damage up to a certain amount, as long as the renter has enough insurance. If the renter doesn’t have enough insurance, the leasing company is responsible for additional economic damages up to a certain amount. In summary, trial attorneys need to be aware of important changes in Florida laws that will affect their practice. The changes can be found online and will have a big impact on many areas of law in the 21st century.

Source: https://www.floridabar.org/the-florida-bar-journal/florida-tort-reform-1999/