What Is Comparative Negligence?
In civil litigation, injuries and accidents are rarely 100% the fault of one person. Comparative negligence is a legal doctrine used by courts to allocate the blame—and the financial responsibility—between the plaintiff (the person injured) and the defendant (the person being sued) based on their respective percentages of fault.
For example, if a delivery driver slips and falls on a wet floor in a commercial office building, the landlord might be at fault for not putting up a "Wet Floor" sign. However, if the delivery driver was running and texting on their phone when they fell, the jury might determine that the driver was partially responsible for their own injury.
Florida's Shift to Modified Comparative Negligence
Historically, Florida operated under a "pure" comparative negligence system, meaning a plaintiff could sue and recover damages even if they were 99% at fault (they would simply recover 1% of the total damages).
However, in 2023, Florida drastically changed its laws, moving to a "Modified Comparative Negligence" system (Section 768.81, Florida Statutes).
Under the new modified system, if the jury determines that the plaintiff is more than 50% at fault for their own injury, the plaintiff is completely barred from recovering any financial damages from the defendant. If the plaintiff is 50% or less at fault, their payout is simply reduced by their percentage of blame. If a jury awards $100,000, but finds the plaintiff 30% at fault, the plaintiff will receive $70,000.
Impact on Premises Liability
This doctrine heavily impacts real estate owners facing "premises liability" lawsuits (slip-and-falls, inadequate security, swimming pool accidents). Defense attorneys will aggressively use comparative negligence to argue that the injured guest ignored warning signs, was trespassing, or was acting recklessly, attempting to push the plaintiff's fault over the 50% threshold to get the lawsuit completely dismissed.
Related Terms
- Damages — The financial compensation reduced by comparative negligence
- Cause of Action — The basis of the lawsuit where this defense is raised
- Civil Complaint — The document initiating the lawsuit
Barnes Walker Litigation Defense
Barnes Walker's trial attorneys vigorously defend Florida commercial property owners and landlords in premises liability lawsuits, utilizing Florida's new 51% modified comparative negligence standard to minimize or eliminate our clients' financial exposure. Request a legal inquiry for assistance.
Florida Law Reference
Fla. Stat. Ch. 768
Governs negligence claims in Florida, including the modified comparative fault standard (effective March 2023) that bars recovery if the plaintiff is more than 50% at fault.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC