On March 24, 2023, Florida’s legal landscape underwent a significant transformation with the enactment of HB 837, a sweeping tort reform bill that introduces substantial changes to Florida’s civil tort laws. Among these changes is a fundamental alteration to Florida’s long-standing comparative negligence law, shifting the state from a pure comparative negligence system to a modified comparative negligence standard. This blog post delves into the details of this crucial legal shift and its implications for personal injury cases in Florida.

What is Comparative Negligence?

Comparative Negligence is a legal principle that comes into play when both the plaintiff and the defendant share some level of responsibility, or fault, for an injury. Rather than absolving the plaintiff entirely if they contributed to the incident, comparative negligence allows for a proportional reduction in damages based on the degree of fault attributed to each party. For instance, if a plaintiff is deemed 25% at fault and the defendant 75% at fault, the plaintiff’s recoverable damages are limited too 75% of the total damages.

Florida’s Transition to Modified Comparative Negligence

Historically, Florida embraced a pure comparative negligence doctrine, where parties were apportioned liability based solely on their percentage of fault. However, with the enactment of HB 837, Florida now operates under a modified comparative negligence standard, signifying a significant departure from its previous legal framework.

Under the new modified comparative negligence standard, a critical threshold is established: if a plaintiff is found to be more than 50% responsible for their own harm, they are barred from recovering any damages. This amendment fundamentally alters the dynamics of negligence cases in Florida, emphasizing a stricter approach to assessing liability and awarding damages.

Implications for Negligence Claims

The transition to a modified comparative negligence standard affects all negligence claims in Florida, except for medical malpractice cases, which remain governed by the pure comparative negligence rule. This change is applicable to lawsuits filed after March 24, 2023, emphasizing the importance of understanding and adapting to the new legal standard for both plaintiffs and defendants.