FL Torts Flashcards
Negligence: Duty
Duty: only owe a duty to foreseeable Plaintiffs.
If it is foreseeable, must act like RPP.
-
Invited licensee FL: landowner has duty to warn, clean up, make safe.
- Business: duty of businesses to use reasonable efforts to keep the premises free of transitory foreign objects that could foreseeably lead to an injury. (banana peel in grocery store)
Breach
Failure to comply with the duty of care
Causation: Actual v. Proximate Cause
Actual cause: defined by but for test. But for D’s actions, no injury would have occurred
Proximate cause: foreseeability test. What occurred would foreseeably lead to an injury.
Damages
actual, physical harm must occur. entitled to compensatory damages (lost wages, medical bills, pain and suffering, etc)
Intervening/superseding causes:
these causes occur after alleged negligence. applies in the other subsequent events that happen to P.
Intervening: any foreseeable subsequent injuries or accidents that occur to P after the acts of negligence. Original D will pay all of the damages.
Superseding: If something occurs that is considered unforseeable, the superseding cause will cut off liability.
superseding causes include: 1) acts of God, 2) intentional torts or crimes, 3) anything the facts say is foreseeable.
Pure Comparative Negligence: Defenses
ALWAYS put this in an essay
If P commits negligence themselves, their damages will be reduced by their percentage of fault and will recover the remaining damages.
If P is found to be legally drunk and is responsible for more than 50% of the accident then you recover nothing
Assumption of the risk (Defense to negligence)
- Know and appreciate the nature of the conduct/action and do it anyway. Cannot sue now bc you knew the risk.
- Does not come up at lot.
Negligence per se
An individual violated an ordinance or statute,
the injured party was part of the protected class of people that statute was intended to protect,
and the injury was what the statute was trying to prevent.
Florida Good Samaritan
No duty to rescue or come to someone’s aid. If you do render aid, owe them reasonable care.
A medical professional in FL rendering aid is not liable unless they were reckless.
Vicarious Liability (rarely will there be a negligence essay where this is not brought up!)
Employer is liable for the negligent acts of their employees as long as the employee was acting in the scope of their employment.
FL Rule: Negligent hiring: Employer cannot be presumed negligent in hiring an employee if the employer did a background check on employee.
JOINT AND SEVERAL LIABILITY (ALWAYS PUT)
Joint and several liability has been abolished in FL.
Each Defendant must be sued for their percentage of fault.
Sovereign Immunity
The government is generally immune from the negligent acts of their employees.
Operational v Discretionary
Operational- while the employee is doing their job, if they commit negligence, they can be sued.
Discretionary/planning: employer is immune.
Medical Malpractice
Duty to act like other similarly trained professionals in that same community.
Do a negligence analysis here.
90 days to file suit.
If patient was unconscious at the time of the injury, medical malpractice is presumed.
Punitive damages: rarely awarded.
Punitive damages are rarely awarded.
Punitive damages will be awarded when there is clear and convincing evidence that someone acted wilful, wanton, intentionally, or with gross negligence.
3x compensatory damages or $500K, whichever is greater.
there is no cap if it is intentional rather than gross negligence
Collateral source rule
In FL, your damages will be reduced by any other recovery from other sources (insurance)
