Negligence in Florida
State-specific overview · Tort Law
Florida uses pure comparative negligence, allowing recovery even if you are mostly at fault, with damages reduced by your percentage.
How Florida treats Negligence
Florida permits plaintiffs to recover damages proportional to the defendant's fault, regardless of how much fault the plaintiff bears. Your recovery amount is reduced by your own percentage of comparative negligence. Florida courts apply the reasonable person standard to evaluate whether a defendant breached a duty of care. The state also imposes specific negligence duties on property owners and occupiers, with different standards for invitees, licensees, and trespassers.
The general definition of Negligence
Failure to exercise reasonable care that results in harm to another person.
Negligence is a legal concept in civil law (not criminal) that holds people responsible for careless behavior. To prove negligence, you must show four things: the defendant had a duty to be careful, they breached that duty, their breach caused your injury, and you suffered actual damages. Negligence doesn't require intent to harm—it's about failing to act as a reasonably careful person would in similar circumstances. Victims of negligence can sue for compensation to cover medical bills, lost wages, and pain and suffering.
Read the full 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.