FBBE Florida Tort Law Flashcards

Under Florida's pure comparative negligence rule, how is a plaintiff's damages award affected if the plaintiff is found 40% at fault?

Answer: Plaintiff recovers 60% of damages

Florida applies pure comparative negligence, reducing the plaintiff's recovery by their percentage of fault, so a 40% at-fault plaintiff recovers 60% of total damages.

What is the statute of limitations for a negligence claim causing personal injury in Florida?

Answer: 2 years

Florida Statutes § 95.11(3)(a) sets a two-year statute of limitations for personal injury negligence claims.

Under Florida law, which doctrine allows an injured party to sue multiple defendants regardless of each defendant's individual percentage of fault for economic damages?

Answer: Joint and several liability

Florida retains joint and several liability for economic damages when a defendant is found 10% or more at fault under § 768.81.

In Florida, which standard applies to determine whether a business owner owed a duty of care to an invitee who was injured on the premises?

Answer: Reasonable care under all circumstances

Florida premises liability law requires that business owners exercise reasonable care to maintain safe conditions for invitees.

Which Florida statute governs sovereign immunity and sets the cap on tort claims against the state?

Answer: § 768.28

Florida Statutes § 768.28 waives sovereign immunity for tort claims and caps liability at $200,000 per person and $300,000 per occurrence absent a claims bill.

Under Florida law, what must a plaintiff prove to establish a product liability claim based on strict liability?

Answer: Product was unreasonably dangerous and defective when it left the manufacturer's control

Florida strict products liability requires showing the product was defective and unreasonably dangerous when it left the manufacturer's control, causing the plaintiff's injury.