What Is Comparative Negligence Everything You Need to Know
Comparative negligence law is an important concept to understand in Florida. It can significantly impact the amount you can recover or will have to pay in a lawsuit.
Table of contents
- Is Florida a Comparative Fault State?
- Two Major Types of Comparative Negligence
- Pure Comparative Negligence
- Modified Comparative Negligence
- Joint and Several Liability
- Who Decides the Percentage of Fault in Florida?
- Not Just for Car Accidents
- Comparative Negligence in Personal Injury Cases
- Examples of Comparative Negligence
- When You Need a Personal Injury Attorney
- FAQs
Is Florida a Comparative Fault State?
Yes, Florida is a comparative fault state that practices pure comparative negligence, in which your negligence level is not a bar to recovery for damages even if you were mostly at fault for them.
Two Major Types of Comparative Negligence
Not all comparative fault laws are the same. Different comparative negligence statutes can cause drastically different outcomes in cases. Here is an explanation of the two most common types of comparative negligence doctrines.
Pure Comparative Negligence
Pure comparative negligence means that a party’s responsibility in a lawsuit is commensurate to their level of negligence. In other words, you can be more or less negligent than other parties, which is usually calculated as a fault percentage.
For example, say two cars were backing up in a parking lot and bumped into each other. They were both backing up at about the same speed and collided halfway between their respective spots. In this case, both drivers would probably be found to be equally negligent (50% each).
If one of the at-fault drivers sought to sue the other for car repairs, they would likely only be able to recover 50% of the repair costs. Likewise, the other at-fault driver could countersue for 50% of their damages.
In comparison, if one of the drivers remained in their spot and the other backed up into them, that driver would be 100% at fault. The parked driver would be able to recover 100% of repair costs, and the other driver would not be able to countersue since the parked driver was 0% at fault.
Any other percentages of fault are possible, and the comparative negligence rule applies to more than just car accidents.
Modified Comparative Negligence
For modified comparative negligence, the same basic rules apply except that the party found to be the majority at fault cannot sue the other party.
For example, if one driver backed halfway out of their spot and stopped, but the other driver continued to back out and struck them, it might be found that the fault was 70/30. In this case, the driver that had stopped would be able to sue the driver that did not, though they would only be able to recover 70% of their damages since they were still 30% responsible for the incident.
Unlike pure comparative negligence, the other party would not be able to countersue because they were mostly at fault. Under pure comparative negligence, they would be able to sue for 30% of their damages, but under modified comparative negligence, they would not.
Joint and Several Liability
Under joint and several liability, each defendant is wholly responsible for damages to the plaintiff if found guilty. That means a single plaintiff could sue multiple at-fault parties for the same, full amount of damages they caused.
However, in Florida, joint and several liability is not practiced. Similar to pure comparative negligence, when multiple at-fault parties are in a lawsuit, each is only responsible for their portion of the damages.
For example, take the parking lot incident but add an illegally parked car that made it difficult for the driver backing up to see the victim. It could be found that driver backing up was 90% at fault, but the illegally parked vehicle was 10% responsible (in this case, the victim is found 0% liable).
The victim could then sue the driver who backed up for 90% of damages and the illegally parked vehicle owner for 10% of damages to recover the full 100%. This way, the more at-fault parties pay a higher portion of the damages.
Who Decides the Percentage of Fault in Florida?
Civil courts decide the fault percentage in a Florida case. Sometimes this will be a judge, other times a jury, and in some cases, a fact-finding party will be appointed for the apportioning of fault.
Your chance to receive adequate compensation will rely on a trial judge or jury or your insurance company acknowledging that someone else’s negligent conduct caused the accident and your injuries.
Not Just For Car Accidents
While we have been using minor car accidents as examples, comparative negligence can apply to many other situations. In any case of negligence where the plaintiff is seeking economic damages in Florida, comparative negligence can come into play if a single defendant is not entirely at fault.
Comparative Negligence in Personal Injury Cases
Personal injury claims are more severe scenarios where comparative negligence may apply. This could be in the event of a car crash, workplace incident, or many other situations.
Any personal injury claim will require you to identify the party who was responsible for damages, that they violated the duty of care, and provide evidence to establish the full extent of damages.
Suppose a defendant is partially at fault for an injury sustained by a plaintiff. In that case, they can be responsible for their portion of monetary damages, including medical bills, lost wages, or even pain and suffering.
Examples Of Comparative Negligence
Comparative negligence can come into play in just about any case of negligence where monetary damages are sought. Here are a few examples:
An automobile accident where multiple drivers are found at fault
A workplace incident where both the employer and employee acted irresponsibly
A home improvement project where contractors broke code at the owner’s behest
A fire that started as the result of a homeowner’s and guest’s negligence
A dog bite where the victim provoked an unsecured pet in a public place
In each of these cases, multiple negligent parties could be found at fault, affecting their financial liability by a proportional amount.
When You Need a Personal Injury Attorney
If you have been injured by the negligence of others, whether you believe they were partially or wholly at fault, a personal injury lawyer can help you understand Florida’s comparative fault principles. A personal injury lawsuit is a huge deal and having legal representation is crucial for recovering fair financial compensation.
Our personal injury lawyers understand comparative negligence and can help you estimate the relative liability of each party in your case. This is important for knowing not only how much the injured party may be able to recover but also the potential liability in the event of a countersuit. Contact the D2Law team today for your free consultation.
Frequently Asked Questions
Does Florida use contributory negligence?
No. Contributory negligence means any party found to have any level of negligence for an incident cannot seek compensation. Even if you are found only 1 percent at fault, you cannot sue under contributory negligence.
In Florida, you can seek recovery for the defendant’s portion of the responsibility, as per pure comparative negligence rules and this statute.
(2) EFFECT OF CONTRIBUTORY FAULT.—In a negligence action, contributory fault chargeable to the claimant diminishes proportionately the amount awarded as economic and noneconomic damages for an injury attributable to the claimant’s contributory fault but does not bar recovery.
What is the 50% rule for comparative negligence?
In modified comparative negligence (which does not apply in Florida), only parties who are less than 50% responsible for an incident can recover damages from other parties.
For example, in the event of a car crash where the two drivers are found 60/40 regarding comparative negligence, the 40% liable party can sue for 60% of their financial recovery because their apportionment of fault is not the majority. The 60% party found to be primarily at fault cannot sue the 40% responsible party because they were not primarily at fault.
This is the 50% rule. Parties more than 50 percent at fault cannot sue for comparative negligence in states that use modified comparative negligence.
What states use comparative negligence?
All states use some form of comparative negligence, though the different types have very different rules. For example, modified comparative negligence is most popular, while Florida practices pure comparative negligence.
This also depends on the type of incident. For example, “no-fault” states may have different comparative fault rules for car accidents than they do for personal injury cases.
When did Florida adopt comparative negligence?
Florida implemented comparative negligence in 1973.
NO RECOVERY, NO FEE PROMISE
Schedule A Free Consultation
Latest Posts
CONTACT US
REQUEST A FREE CONSULTATION
D2 Law
Nicole Denmon &
Christian Denmon
Our award-winning trial attorneys have earned a reputation for zealous advocacy on behalf of our clients – both in settlement negotiations and jury trials.
Schedule consultation
with Nicole Denmon and
Christian Denmon
To get the maximum value we start with excellent lawyers! We would not trust our family to just anyone.