FL Torts Flashcards
Punitive Damages
Available at Jury’s discretion
>Factors:
1. Mental State: Malice or wantoness
2. Nature of Conduct: outrage* or oppression
>For respondent superior need gross negligence and intentional misconduct (look at outline pg 12 for all details)
>Presumed unreasonable if greater than 3x the compensatory damages or more than $500,000
C.L. Self-Defense
A person have a privilege to use self-defense and may use:
- reasonable force
- when reasonably believes it’s necessary
- as long as force is reasonably proportionate to the threat
FL Stand Your Ground v. C.L. Self Defense
FL is MORE favorable to Ds than C.L.
Diff. in 3 ways:
1. Rebuttable presumption of reasonable belief in certain circumstances
2. No duty to retreat prior to using deadly force
3. Provides actual immunity in civil suits when justifiable force was used and gives D attny’s fees if immune
FL SYG Reasonable Belief Presumption
Applies:
1. Unlawful and forcible entry OR attempted forcible entry by the intruder into another’s DROVE
AND
2. The person who used force knew or had reason to believe the unlawful/forcible entry occurred
Does NOT Apply:
1. when against whom force was used had a legal right to be there (ex. can’t shoot your roommate and claim defense)
2. Person against whom force was used was trying to forcibly remove someone they had custody over
3. The DROVE was being used for unlawful activity (ex. no SYG for crackhouses)
4. Person against whom force was used was law enforcement and person using force knew or reasonably should have known
FL Duty to Retreat
NO duty to retreat before using deadly or non-deadly force if:
- The person using force is somewhere where she has a right to be AND
- Reasonably believes the use is necessary to prevent:
a. death or great bodily harm to self or others OR
b. the commission of a forcible felony
Negligence Duty
Foreseeability of Harm:
- Duty owed to those within foreseeable zone of risk created by Ds conduct
- type of injury or how injury occurred doesn’t matter
FL Good Samaritan Act
> Ordinary Citizen
Immunity for a rescuer who acts as a reasonably prudent person if:
1. acts gratuitously (free)
2. in good faith AND
3. w/o objection of the injured
Health care Provider
Immunity unless acted with reckless disregard for risks to patient
Std of Care for Physicians:
Based on type of dr.
- Generalist: held to a local std (GeLS)
- Specialists: held to a national std (SPiNS)
Informed Consent in FL
No negligence liability for failing to provide informed consent if: OR
- dr. informed patient of risks in accordance w/ the accepted std of similarly situated drs AND info given was such that a reasonable indiv. would have a general understanding of the nature, risks, and alternatives (NRA) of the procedure
- patient reasonably would have consented to undergo the procedure under the circumstances if the dr had properly given informed consent
Benefits of FL Informed Consent Law
Informed consent is presumed if dr:
- gets consent in writing and signed by patient or patient’s rep
- provides info about NRA (nature, risks, alternatives)
Negligence Per Se In FL
> If the violation is of a penal statute/ordinance = Neg. per se
If violation is of another statute/ordinance/reg (including traffic) = some evidence of neg but not neg. per se
Types of Trespassers in FL
- discovered trespassers
- undiscovered trespassers
- impaired trespassers
- child trespassers (attractive nuisance)
Discovered Trespasser
>Who? -uninvited/unpermitted entry -actually detected or discovered -discovered w/i 24 hours before injury >No liability UNLESS -gross negligence -intentional misconduct causing injury -failure to warn of a known dangerous condition >Treated as an invitee if: -express invitation -manifested intent to hold property open to others pursuing similar purpose
Undiscovered Trespasser
> Who?
-uninvited entry
-undetected
-remain undetected w/i 24 hours before entry
No liability UNLESS
-intentional misconduct causing injury
No duty to warn, even of known dangerous conditions
Impaired Trespasser
> Who?
-anyone whose faculties are impaired by alcohol or drugs
No liability UNLESS
-engaged in gross negligence or intentional misconduct that caused death or injury to the trespasser
Child Trespasser
Can’t get attractive nuisance doctrine unless child was actually lured or enticed onto the property by the attractive nuisance. Can’t recover if first trespassed and then found the attractive nuisance.
Invitees
Duty of reasonable care
- Business invitees
- Public invitees
Public Invitees
Enter property thrown open for public use and use it for that purpose.
Implied representation that the property has been made safe for use.
Business Invitees
those who enter a property to confer a benefit to the business, aka a customer and their child if applicable.
Firefighters are considered a business invitee.
Licensee
Two Types:
- Invited licensee
- Uninvited licensee
Invited Licensee
Duty of reasonable care.
Social guests and those w/ an implied invite.
(ex. dinner guest, girl scout selling cookies)
Uninvited Licensee
-Treated like a discovered trespasser.
-Those on the prop. for the licensee’s own convenience or pleasure
-presence is tolerated
-duty owed is the same as the duty owed to discovered trespassers
(warn of known dangers, no intentional misconduct, no gross negligence)
FL Proximate Cause
Whether and to what extent Ds breach foreseeably and substantially caused the specific injury that actually occurred.
