It is important to understand that in Florida the negligence laws include comparative fault. Under comparative fault laws, a jury can apportion fault between all parties (and even non-parties) to the lawsuit.
Florida had been a pure comparative negligence state for many years until March 24, 2023. That is when Governor Ron DeSantis signed into law one of the most significant tort reform bills in Florida History. Section 768.81, Florida Statute was amended to change comparative negligence in Florida to a modified comparative negligence standard, rather than pure comparative negligence. It did so by adding subsection (6) to the statute as follows:
What is the new addition to the statute?
(6) Greater percentage of fault- In a negligence action to which this section applies, any party found to be greater than 50 percent at fault for his or her own harm may not recover any damages.
In other words, if the plaintiff is found to be more than 50% at fault, the plaintiff cannot recover any damages. As previously under the pure comparative negligence standard, even if a plaintiff was found to be more than 50% liable for his or her own negligence, say 55% for example, the plaintiff’s damages would be reduced by 55%, but the plaintiff could still recover from the defendant for the other 45% of the plaintiff’s damages. Now, in that same example under a modified comparative negligence, the plaintiff could not recover any of the plaintiff’s damages, even though the defendant was 45% responsible for plaintiff’s damages.
Does Comparative negligence apply to slip and falls?
The same analysis would apply in a trip and fall or slip and fall case. IF the jury finds that the supermarket is at fault for the accident but also finds the plaintiff to be at fault for not seeing the hazard for example and finds that the plaintiff’s fault exceeds 50 percent, the plaintiff can make no recovery against the supermarket.
So, while in most cases the law remains that fault is apportioned between the parties, now based on the new law if the plaintiff is found more than 50 percent at fault, he or she recovers nothing.
