Question 1

How do Florida courts analyze negligence per se claims?

Accepted Answer

Court analysis: Florida courts follow a three-step process: (1) Is there a statute that imposes a specific duty? (the court examines the statute to determine if it creates a clear standard of conduct). (2) Was the statute designed to protect the plaintiff’s class and prevent the type of harm? (the court determines if the plaintiff falls within the class of persons the statute was intended to protect, and if the harm is the type the statute was designed to prevent). (3) Did the violation proximately cause the injury? (the plaintiff must show that the statutory violation was a substantial factor in causing the harm). If all three steps are satisfied, the court instructs the jury that the violation is evidence of negligence (or, in some cases, conclusive evidence of negligence).

Question 2

Is negligence per se a jury instruction issue in Florida?

Accepted Answer

Jury instruction: yes, in Florida, the trial court gives specific jury instructions on negligence per se when the evidence supports it. Standard Jury Instructions (Civil) 401.8 provides: "There was in force at the time of the [accident] [incident] a [law] [ordinance] [regulation] which provided that: [read applicable provision]. If you find that [defendant] violated this [law] [ordinance] [regulation], you may consider the violation as evidence of negligence." The instruction tells the jury that they MAY consider the violation as evidence of negligence (it creates a rebuttable presumption, not conclusive proof). The defendant can present evidence to rebut the presumption.

Question 3

What is the relationship between negligence per se and strict liability in Florida?

Accepted Answer

Distinction: negligence per se is not strict liability. Negligence per se: creates a presumption of negligence based on a statutory violation, allows the defendant to raise defenses (comparative negligence, impossibility, emergency), and requires the plaintiff to prove causation and damages. Strict liability: imposes liability regardless of fault (the defendant is liable even if they exercised reasonable care), applies to specific activities (abnormally dangerous activities, product liability, wild animal ownership), and does not require proof of negligence. Some statutory violations may support both theories: a product that violates safety standards may support both negligence per se and strict product liability.

Negligence Per Se Statutory Violation: in Florida

Florida Negligence Per Se Analysis

Three-Step Analysis

Jury Instruction (401.8)

vs. Strict Liability

Related Terms

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