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While personal injury law covers a range of legal claims, from product liability to intentional torts like assault, most personal injury cases are based on the legal theory of negligence. This theory has a rich history in American law and forms the basis of many personal injury lawsuits. In Florida, negligence law has four essential elements that must be established to prove a case. In this article, we will explore those elements and how they might apply to your situation. For a more comprehensive understanding of negligence law in Florida, we recommend contacting an experienced personal injury lawyer in your area for a free case evaluation.
While there are numerous notable court cases that have contributed to the development of negligence law, the primary source of governing law can be found in the Florida Statutes. Specifically, Chapter 768 of the Florida Statutes addresses negligence law and all related matters such as damages, exceptions, and more. However, comprehending the complex legal jargon can be overwhelming and perplexing, which is why attorneys are required to attend law school. It's much simpler to break down a case into its fundamental components.
In Florida, negligence occurs when someone fails to exercise reasonable care expected of them to minimize the risk of harm to others. The four elements of negligence in Florida are duty of care, breach of duty, causation, and damage. Each element has its specific requirements, as follows:
Duty of Care - The first element requires a plaintiff to prove that the defendant owed them a duty of care. This means that the defendant had a legal obligation to do something (or not do something) based on the relationship between the parties. For example, a driver has a duty to other drivers on the road to drive safely and obey traffic laws, while a store owner has a duty to keep their premises free of hazards for visitors.
Breach of Duty - The second element requires a breach of duty to establish a legal cause of action. A defendant breaches their duty by acting unsafely or violating laws or regulations. For instance, a driver breaches their duty by driving recklessly or ignoring traffic signs, while a store owner may breach their duty by failing to clean up a spill or not fixing a hazard in a timely manner.
Causation - The third element involves establishing a causal relationship between the defendant's breach of duty and the plaintiff's injuries. If there is a direct link between the two, causation is clear. However, when multiple parties or events are involved, it can be more complicated. For instance, if an item falls off a shelf in a store and hits a customer, the store owner may not be liable if they didn't put the item in a dangerous position. However, if they placed it in a hazardous spot, they could be liable for the accident.
Damages/Injury - The final element requires a plaintiff to show that they suffered damages or losses that can be compensated, such as medical bills, lost wages, property damage, pain and suffering, and more.
Florida negligence laws determine the type and amount of damages a plaintiff can seek. If you were injured in an accident caused by someone else's negligence, contact an experienced personal injury lawyer to review your case and help you pursue the compensation you deserve.
In Florida, the law follows the principle of modified comparative negligence. Under this rule, if you are found to be less than 50% responsible for an accident, your compensation will be reduced in proportion to your percentage of fault. For instance, if you are deemed to be 20% responsible for an accident, you may still recover 80% of your damages in a legal claim. However, if your percentage of fault is greater than 50%, you will be prohibited from recovering any compensation under the law.
If you've been injured or suffered damages in an accident caused by someone else's negligence, it's important to know that you have the right to seek compensation. While the legal process can seem daunting, the best way to ensure that you receive the compensation you deserve is to consult with an experienced Florida personal injury attorney. A qualified attorney can help you navigate the complexities of Florida negligence law, and ensure that your rights are protected every step of the way. Don't suffer in silence - contact a nearby personal injury attorney today for a free case evaluation.
