Comparative Negligence in Florida
State-specific overview · Tort Law
Florida uses modified comparative negligence; plaintiffs cannot recover if more than 50% at fault.
How Florida treats Comparative Negligence
Florida bars recovery if the plaintiff is more than 50% responsible for the injury under Florida Statute § 768.81. A plaintiff who is 51% at fault recovers nothing, while a plaintiff 50% at fault can recover 50% of damages. This modified rule creates a critical threshold: plaintiffs must prove the defendant bears greater fault to receive any recovery, making defendant fault percentage the decisive factor in borderline cases.
The general definition of Comparative Negligence
A rule that reduces damages based on the victim's own percentage of fault.
Comparative negligence is a legal principle that recognizes both parties in an accident may share responsibility. Instead of an all-or-nothing approach, the court or jury determines what percentage each person is at fault. Your damages award is then reduced by your percentage of fault. For example, if you're 20% at fault and awarded $100,000, you receive $80,000. Some states use 'pure' comparative negligence (you can recover even if you're 99% at fault), while others use 'modified' comparative negligence (you can only recover if you're less than 50% or 51% at fault, depending on the state).
Read the full Comparative Negligence entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Florida.