As you may have read or heard, Florida’s negligence law changed effective March 24, 2023. Florida transitioned from a pure comparative negligence system to a modified comparative negligence system. Prior to March 24, 2023, a plaintiff could recover in proportion to the defendants’ percentage of responsibility for his or her injuries regardless of the plaintiff’s own liability. Thus, a plaintiff could be 90% at fault for his or her own injuries but could still recover 10% of his or her damages from the defendant(s). Now, under modified comparative negligence, an injured plaintiff is barred from recovery if more than 50% at fault.
Should a decision be published on a Florida case submitted on or after March 24, 2023, where the incorrect negligence law is applied, promptly submit a Post-Decision Inquiry (PDI). Rule 4-2 allows AF to correct these types of errors so long as a PDI is submitted within 30 days of the decision publication date.