Negligence in Florida: What the Jury Is Told

Most injury cases in Florida are negligence cases. A car crash. A fall in a store. A hurt worker. A family that lost someone.

If the case goes to trial, the judge reads the jury a short set of rules. Those rules come from the Florida Standard Jury Instructions in Civil Cases, the 401 series.

What negligence means

Instruction 401.4 gives the definition. The judge tells the jury:

"Negligence is the failure to use reasonable care, which is the care that a reasonably careful person would use under like circumstances. Negligence is doing something that a reasonably careful person would not do under like circumstances or failing to do something that a reasonably careful person would do under like circumstances." Fla. Std. Jury Instr. (Civ.) 401.4.

In plain English: no one has to be perfect. The question is what a careful person would have done in the same spot. Running a red light can fail that test. So can leaving a spill on a floor for hours.

What the jury must find

Two things have to be connected: a careless act, and your harm. Instruction 401.18 frames the question:

"whether (defendant) was negligent in (describe alleged negligence), and, if so, whether that negligence was a legal cause of the [loss] [injury] [or] [damage] to (claimant, decedent, or person for whose injury claim is made)." Fla. Std. Jury Instr. (Civ.) 401.18(a).

"Legal cause" has its own instruction, 401.12:

"Negligence is a legal cause of [loss] [injury] [or] [damage] if it directly and in natural and continuous sequence produces or contributes substantially to producing such [loss] [injury] [or] [damage], so that it can reasonably be said that, but for the negligence, the [loss] [injury] [or] [damage] would not have occurred." Fla. Std. Jury Instr. (Civ.) 401.12(a).

The careless act does not have to be the only cause. The next part of the instruction says negligence may be a legal cause "even though it operates in combination with" another cause, as long as it "contributes substantially" to the harm (401.12(b)).

Who has to prove it

You do. The standard is the "greater weight of the evidence." Instruction 401.3 defines it:

"'Greater weight of the evidence' means the more persuasive and convincing force and effect of the entire evidence in the case." Fla. Std. Jury Instr. (Civ.) 401.3.

That is not "beyond a reasonable doubt." It means more convincing than not.

And if the proof falls short, instruction 401.21 says:

"If the greater weight of the evidence does not support [one or more of] (claimant's) claim[s], your verdict should be for (defendant)(s) [on [that] [those] claim(s)]." Fla. Std. Jury Instr. (Civ.) 401.21.

How the claim is pleaded

A negligence case starts with a written complaint filed in court. Florida requires facts, not just labels. The complaint generally has to say:

• who the defendant is, and what duty they had to you;
• what they did or failed to do, and when and where;
• how that caused your injury;
• what damages you suffered.

Lawsuits must be filed on time. For most negligence claims that arose after March 24, 2023, the deadline is generally two years. Claims against a government body have their own written-notice steps and their own deadlines. Miss the deadline and the case can be barred, no matter how strong it is.

What you need to prove

• The other side owed you a duty of care.
• They breached it. They did not use reasonable care.
• That breach was a legal cause of your injury.
• You have damages: medical bills, lost income, pain, and more.

Common defense arguments

• "It was an accident." The committee notes to 401.4 recommend against a jury instruction on "unavoidable accident." The defense may still argue it to the jury.
• "You were partly at fault." See our comparative fault page.
• "Something else caused it." A prior injury, a later event, or a third person.
• "The injuries are not as bad as claimed." Often tied to gaps in treatment.
• "We didn't know about the hazard." Common in store and property cases.

What to do now

1. Get medical care and follow it. Gaps in treatment get used against you.
2. Write down what happened while it is fresh.
3. Photograph the scene, the vehicles, and your injuries.
4. Keep every bill, record, and letter.
5. Do not give a recorded statement to the other side's insurer before you talk to a lawyer.
6. Do not sign anything without advice.
7. Call early. Evidence like video can be erased on a short schedule.

Talk to us

Free consultation. Call (305) 209-0384. Answered 24/7. Se habla español.

This page is general information, not legal advice.