FL Torts Flashcards
Punitive damages
> available for intentional torts but at the jury’s discretion
> factors:
- mental state: malice/wantonness
- nature of conduct: outrage or oppression
Florida is a modified comparative fault state
any contributory fault charged to the plaintiff will proportionately reduce the
amount awarded as damages if the plaintiff’s fault is 50% or less. However, any
contributory fault that exceeds 50% bars recovery
FL Stand your Ground law
Self-defense law favorable to Ds
Florida allows a person to use deadly or non-deadly force and not retreat if they’re in a place where they have a right to be (DROVE: Dwelling, Residence, Occupied vehicle entry)
and they reasonably believe it’s necessary to prevent death or great bodily harm to himself or another or to prevent the commission of a forcible felony
When does FL Stand Your Ground not apply?
if the person you’re trying to use force against:
> had a legal right to be in the dwelling, residence, or vehicle
> was trying to remove their child/grandchild or whoever they had legal custody over
> If there was unlawful activity taking place in the DRV by the person using the force
> If it was a law enforcement officer and and the person knew/should’ve known
Florida Good Samaritan Act
Anyone, including a licensed physician, who gratuitously and in good faith renders emergency care or treatment without objection by the injured party won’t be held liable for any damages, as long as they acted as a reasonably prudent person
Health care providers providing emergency services:
> not liable unless they acted with a reckless disregard as to the risks
Standard of care for:
Physicians’ Negligence in Florida
Generalists:
held to local standard
Specialists:
held to national standard
Informed Consent in Florida
No negligence when:
(i) In obtaining consent, they acted in accordance with the accepted standard among medical professionals with similar training and experience
AND
the info given would give a reasonable person a general understanding of the
- *nature of the procedure
- *risks associated, and
- *any alternatives,
OR
(ii) the patient reasonably would’ve undergone the procedure under the circumstances even if the medical professional had provided informed consent.
When: (1) a reasonable individual would have a general understanding of the nature procedure, alternatives, and risks given the information provided, or (2) the patient would reasonably have consented had he been so advised.
Florida:
Negligence Per Se
Penal statute or ordinance:
> NPS
Non-Penal:
> only evidence of negligence
LOOK AT CHART FROM HANDOUT FOR POSSESORS OF LAND!!!!!
Child trespassers in Florida
A CT cannot avail himself of the attractive nuisance doctrine unless he was actually lured or enticed onto the property by the attractive nuisance.
A child who trespasses first and then discovers the attractive danger cannot apply the
attractive nuisance doctrine.
Proximate Cause
foreseeable + substantially caused the specific injury that actually occurred
Loss of Chance in Florida
P cant recover unless they had more than 50% chance of survival
Rear-end collisions in Florida
Rebuttable presumption that the rear-end driver was the sole proximate cause of the accident.
Collateral Source Rule
FL’s rule tries to prevent double recovery
> Payments that an insurance company makes to P are credited against D’s liability
UNLESS:
right of subrogation/reimbursement bc that means P would have to end up paying that back the insuranceCo
> P can recover any amount P paid to receive the collateral source benefit (bc they wasted insurance coverage thanks to D)
Punitive Damages
> must be plead
establishing through clear and convincing evidence that D was grossly negligent