415.1111
Civil actions.
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415.1111 Civil actions.—A vulnerable adult who has been abused, neglected, or exploited as specified in this chapter has a cause of action against any perpetrator and may recover actual and punitive damages for such abuse, neglect, or exploitation. The action may be brought by the vulnerable adult, or that person’s guardian, by a person or organization acting on behalf of the vulnerable adult with the consent of that person or that person’s guardian, or by the personal representative of the estate of a deceased victim without regard to whether the cause of death resulted from the abuse, neglect, or exploitation. The action may be brought in any court of competent jurisdiction to enforce such action and to recover actual and punitive damages for any deprivation of or infringement on the rights of a vulnerable adult. A party who prevails in any such action may be entitled to recover reasonable attorney’s fees, costs of the action, and damages. The remedies provided in this section are in addition to and cumulative with other legal and administrative remedies available to a vulnerable adult. Notwithstanding the foregoing, any civil action for damages against any licensee or entity who establishes, controls, conducts, manages, or operates a facility licensed under part II of chapter 400 relating to its operation of the licensed facility shall be brought pursuant to s. 400.023, or against any licensee or entity who establishes, controls, conducts, manages, or operates a facility licensed under part I of chapter 429 relating to its operation of the licensed facility shall be brought pursuant to s. 429.29. Such licensee or entity shall not be vicariously liable for the acts or omissions of its employees or agents or any other third party in an action brought under this section.
History.—s. 112, ch. 95-418; s. 23, ch. 96-418; s. 41, ch. 2000-349; s. 12, ch. 2001-45; s. 86, ch. 2006-197.
Notes of Decisions
Cited in 39
cases (15 in the last 5 years), 1998–2026 · leading case: Hochbaum Ex Rel. Hochbaum v. Palm Garden of Winter Haven, LLC
Hochbaum Ex Rel. Hochbaum v. Palm Garden of Winter Haven, LLC (2016)
“022, Florida Statutes (2013), count two alleged a breach of fiduciary duty, and count three alleged violations of section 415.1111, Florida Statutes (2013).”
Cornelius Martin, II v. Michael Wood (2016)
“”); see *918 also Fla. Stat. § 415.1111 (explaining the circumstances under which a civil action may be brought pursuant to the APSA).”
Knowles v. Beverly Enterprises-Florida (2004)
“Furthermore, in addition to common law negligence, the facility may be liable depending on the particular facts, under the theories of common law intentional torts, like battery, or abuse of a vulnerable adult under section 415.1111, Florida Statutes (1997).”
Woodruff v. TRG-Harbour House, Ltd. (2007)
“1 Relevant to this appeal are counts I and II, which seek specific performance and claim breach of contract, respectively, as well as count IV, which is an action for elder abuse pursuant to section 415.1111, Florida Statutes (2005).”
Bohannon v. SHANDS TEACHING HOSP. (2008)
“If, during the period after the improper intubation and before Gould's life support was terminated, the hospital's agents or employees had intentionally "abused" or "neglected" him, as those terms are defined in chapter 415, the hospital would arguably have been subject to suit…”
Grasso v. Grasso (2015)
“” Fla. Stat. § 415.1111 (2014). A “vulnerable adult” is defined as a person 18 years of age or older whose ability to perform the normal activities of daily living or to provide for his or her own care or protection is impaired due to ,a mental, emotional, sensory, long-term…”
Joel D. Joseph v. Richard S. Bernstein (2015)
“9541 ; and the Florida Adult Protective Services Act (APSA), Fla. Stat. § 415.1111 . 1 Joseph raises several issues on appeal.”
Haslett v. Broward Health Imperial Point Medical Center (2016)
“2 As to the count alleging a violation of section 415.1111, Florida Statutes (2010), we agree with appellees that Chapter 415 does not apply in this instance.”
Schwartzberg v. Knobloch (2012)
“Knobloch alleged claims for negligence, breach of fiduciary duty, and violations of section 415.1111, Florida Statutes (2009).”
Rockledge NH, LLC v. Miley Ex Rel. Miley (2017)
“023, Florida Statutes (2013), two counts for violation of Florida’s Adult Protective Services Act, section 415.1111, Florida Statutes (2013), and one count for breach of fiduciary duty.”
DIVERSICARE LEASING CORP. v. THE ESTATE OF HERBERT P. CATT (2019)
“The Estate ventured several theories: nonlethal negligence (count I), lethal negligence (count II), wrongful death (count III), breach of fiduciary duty (count IV), aiding and abetting breach of fiduciary duty (count V), and violations of section 415.1111, Florida Statutes…”
Spring Lake NC, LLC v. Figueroa (2012)
“Figueroa against Spring Lake for negligence, wrongful death, breach of fiduciary duties, and violations of section 415.1111, Florida Statutes (2010).”
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