If you’ve been injured in Florida, you may have the right to file a personal injury claim. These cases are generally based on two legal concepts: negligence and strict liability. While both can lead to financial recovery, they differ in important ways.
Knowing the distinction can help you better understand your rights and what to expect during your case.
Negligence in Florida Personal Injury Law
Negligence is the foundation of most personal injury claims in Florida. To succeed, you must show that another party failed to act with reasonable care and that their conduct caused your injuries.
Under Florida law, proving negligence requires four elements:
- Duty of care: The defendant had a legal obligation to act with caution. For example, drivers must follow traffic laws to avoid harming others.
- Breach of duty: The defendant failed to meet that standard, such as texting while driving or ignoring safety rules.
- Causation: The defendant’s actions directly caused the accident and your injuries.
- Damages: You suffered measurable harm, such as financial losses or pain and suffering.
Car accidents, slip and fall accidents, and medical malpractice claims are common examples of negligence-based cases in Florida.
Strict Liability Cases
Strict liability applies in a narrower set of cases. Unlike negligence, you don’t need to prove that the defendant acted carelessly. Instead, liability exists simply because of the nature of the activity or product involved.
Florida courts apply strict liability in situations such as:
- Defective products: Manufacturers and sellers can be held responsible for injuries caused by unsafe products, even if they weren’t negligent in how the item was made or sold.
- Dog bites: Florida has a strict liability statute holding dog owners accountable if their animal bites someone in a public place or lawfully on private property, regardless of the dog’s history.
- Abnormally dangerous activities: Though rare, activities that carry high risks (such as blasting with explosives) can also give rise to strict liability claims.
With strict liability, the focus is on the harm caused rather than the defendant’s intent or carelessness.
Key Differences Between Negligence and Strict Liability
While both legal theories can help injury victims recover damages, the differences between them are significant.
Negligence requires proof that the defendant failed to act reasonably under the circumstances. Strict liability, on the other hand, bypasses the need to show fault. Instead, liability is automatic if the injury falls within certain categories.
For example, if you’re injured by a defective appliance, you don’t need to prove the manufacturer was careless. It’s enough to show that the product was defective and caused your injury.
However, if instead you slip on a wet floor in a store, you must demonstrate negligence and prove that the owner failed to maintain safe premises.
Comparative Negligence in Florida
Florida also follows a modified comparative negligence law, which could affect your negligence or strict liability case. If you are partly at fault for your accident, your compensation can be reduced by your percentage of responsibility. If you are more than 50% at fault, you cannot recover damages.
This rule makes it especially important to have a lawyer on your side if you’re being blamed for your injuries. Your attorney can respond to those kinds of allegations effectively and maintain your right to full compensation.
Contact a Personal Injury Lawyer in Florida for a Free Consultation
Negligence and strict liability are two distinct legal paths that can lead to recovery in Florida personal injury cases. Negligence requires proof of carelessness, while strict liability focuses only on the harm caused. Ultimately, both serve the same goal: holding wrongdoers accountable and helping victims recover financially.
If you’ve been hurt in an accident, understanding these concepts is an important first step. Call Baggett Law Personal Injury Lawyers to set up a free consultation with a personal injury lawyer and get started with your case.
Call us today for a free consultation with an experienced Jacksonville personal injury lawyer.
We serve Duval County, St. Johns County, and its surrounding areas:
Baggett Law Personal Injury Lawyers – Jacksonville
9471 Baymeadows Rd #105,
Jacksonville, FL 32256
(904) 396-1100
Baggett Law Personal Injury Lawyers – Downtown Jacksonville
121 W Forsyth St Suite 1000,
Jacksonville, FL 32202
(904) 822-4225
Baggett Law Personal Injury Lawyers – Ponte Vedra
480 Town Plaza Ave #130,
Ponte Vedra Beach, FL 32081
(904) 675-1167
