Florida Personal Injury Law: Negligence and Strict Liability

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Edward J. Chandler, P.A.
708 East Atlantic Boulevard    Telephone:  (954) 788-1355
Pompano Beach, Fl 33060    Facsimile:  (954) 788-1357

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Florida Personal Injury Law: Negligence and Strict Liability

 

 

Florida personal injury law is also known as tort law. A tort is a defined as a harmful act or the failure to act in which the law then provides a remedy.  Injuring someone is a tort, damaging a property or a person's character is a tort , and wrongfully denying someone's freedom or  liberty is a tort.

The main principle of tort law is that an injured person must be compensated by those who caused their injuries. A victim of a tort has the right to sue the tortfeasor, ie; the person who committed the tort,  for damages.

A tort is a civil wrong against an individual exposing them to liability and money damages.

What type of torts can be sued upon:

There are three types of torts: intentional, negligence, and strict liability.

What are Intentional Torts

Intentional torts are torts whereby a defendant intends the consequences of an act. Battery, assault,  threats, false imprisonment, invasion of privacy , and trespass are intentional.

Defamation is an intentional tort, either in print, on television or radio, which are libelous, or in spoken which is slanderous.

What is Negligence
Florida negligence law fro a recovery requires an injury and four requirements to prove negligence.
(1) A person had a duty to conform to a certain standard of conduct to protect others from unreasonable risk and did not; (2) A person breached that duty; (3) A person's breach was the proximate cause of the injuries; and (4) there was an injury.

Damages are required for a negligence lawsuit and you must prove the negligence entitles you to compensatory and punitive damages. Florida legislation limits recovery of punitive damages in negligence actions.


What is Comparative Negligence

Florida adopts the doctrine of comparative negligence. This allows apportioning liability in a negligence lawsuit.  

What is Strict Liability

Strict liability means that the person or company is liable for damages regardless of  any fault.

Strict liability applies to wild or dangerous animals, abnormally dangerous activities, demolishing, crop dusting,  explosives, blasting, and fumigating, and others.


Strict liability law  requires (1) the defendant had an duty to make the activity or product safe; (2) the defendant breached the duty; (3) the breach was the proximate cause of the injury; and (4) an injury was suffered.

Law Offices
of
Edward J. Chandler, P.A.
708 East Atlantic Boulevard    Telephone:  (954) 788-1355
Pompano Beach, Fl 33060    Facsimile:  (954) 788-1357