Florida's New Tort Reform Package: Placing Responsibility On Plaintiffs For Their Own Negligence

• Jurisdiction: Florida,United States
• Author: Ms Donna M. Krusbe
• Law Firm: Wilson Elser Moskowitz Edelman & Dicker LLP
• Published date: 06 April 2023

In the most recent round of tort reform, lawmakers in Florida have made significant changes to tort laws in an effort to even the playing field for all litigants. One substantive change is the manner in which triers of fact will determine fault and apportion damages in negligence actions. As of March 24, 2023, Florida will transition from a "pure comparative negligence jurisdiction" to a "modified" system in all tort cases, except personal injury or wrongful death actions arising out of medical negligence under Chapter 766, Florida Statutes. Lawmakers anticipate that these changes will limit the financial liability of private and government entities, deter undesirable behavior and shift losses to responsible parties.

Pure Comparative Negligence to Modified Comparative Negligence

HB 837 marks the first major change in this area of tort law in 50 years. In 1973, in Hoffman v. Jones, 280 So. 2d 431 (Fla. 1973), the Florida Supreme Court adopted the pure comparative negligence approach. Hoffman was codified in 1986 when the Legislature passed the Tort Reform and Insurance Act. HB 837 will once again change the landscape of negligence actions in Florida by placing more responsibility on injured plaintiffs when their own...