Florida Statutes

Fla. Stat. § 768.041 (2025)

Release or covenant not to sue.

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768.041 Release or covenant not to sue.—

(1) A release or covenant not to sue as to one tortfeasor for property damage to, personal injury of, or the wrongful death of any person shall not operate to release or discharge the liability of any other tortfeasor who may be liable for the same tort or death.

(2) At trial, if any defendant shows the court that the plaintiff, or any person lawfully on her or his behalf, has delivered a release or covenant not to sue to any person, firm, or corporation in partial satisfaction of the damages sued for, the court shall set off this amount from the amount of any judgment to which the plaintiff would be otherwise entitled at the time of rendering judgment and enter judgment accordingly.

(3) The fact of such a release or covenant not to sue, or that any defendant has been dismissed by order of the court shall not be made known to the jury.

History.—ss. 1, 2, 3, ch. 57-395; s. 45, ch. 67-254; s. 1158, ch. 97-102.

Note.—Former s. 54.28.

Notes of Decisions

Cited in 158 cases (14 in the last 5 years), 1968–2026 · leading case: Saleeby v. Rocky Elson Constr., Inc., 3 So. 3d 1078 (Fla. 2009).

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Saleeby v. Rocky Elson Constr., Inc., 3 So. 3d 1078 (Fla. 2009). · cites it 38× “041, Florida Statutes (2006) provides as follows: (1) A release or covenant not to sue as to one tortfeasor for property damage to, personal injury of, or the wrongful death of any person shall not operate to release or discharge the liability of any other tortfeasor who may be…”

Cornerstone SMR, Inc. v. Bank of Am., N.A., 163 So. 3d 565 (Fla. 4th DCA 2015). · cites it 12× “The Florida Legislature abolished this common law rule in section 768.041, Florida Statutes (2012), which provides: (1) A release or covenant not to sue as to one tortfeasor for property damage to, personal injury of, or the wrongful death of any person shall not operate to…”

John Robert Sebo v. Am. Home Assurance Co., Inc., 208 So. 3d 694 (Fla. 2016). · cites it 4× “Saleeby held that section 768.041, Florida Statutes, which bars disclosure to the jury of settlement or dismissal of a joint tortfeasor, and section 90.”

Wells v. Tallahassee Mem. Med. Ctr., 659 So. 2d 249 (Fla. 1995). · cites it 5× “§ 768.041, Fla. Stat. (1989) (emphasis added).”

Eason v. Lau, 369 So. 2d 600 (Fla. 1st DCA 1978). · cites it 15× “31), known as the Uniform Contribution Among Tortfeasors Act on F.S. 768.041 (chapter 57-395 Laws of Florida).”

Hurt v. Leatherby Ins. Co., 380 So. 2d 432 (Fla. 1980). · cites it 4× “1975); § 768.041(1) Fla. Stat. (1977). The Uniform Contribution Among Joint Tortfeasors Act also abrogates the common law rule: "When a release .”

State Farm Mut. Auto. Ins. Co. v. Williams, 943 So. 2d 997 (Fla. 1st DCA 2006). · cites it 10× “041 reads: (1) A release or covenant not to sue as to one tortfeasor for property damage to, personal injury of, or the wrongful death of any person shall not operate to release or discharge the liability of any other tortfeasor who may be liable for the same tort or death. (2)…”

Ruby Saunders, etc. v. Willis Dickens, M.D., 151 So. 3d 434 (Fla. 2014). · cites it 4× “Pasarin entered into a settlement agreement with the Saunders and, as required by section 768.041(3), Florida Statutes (2003), the jury was not informed of the settlement.”

Nationsbank, Na v. Kpmg Peat Marwick LLP, 813 So. 2d 964 (Fla. 4th DCA 2002). · cites it 12× “, persons jointly liable with the nonsettling defendant, qualify for a setoff under section 768.”

Gouty v. Schnepel, 795 So. 2d 959 (Fla. 2001). · cites it 4× “Section 768.041, Florida Statutes (2000), provides, in pertinent part: (1) A release or covenant not to sue as to one tortfeasor for property damage to, personal injury of, or the wrongful death of any person shall not operate to release or discharge the liability of any other…”

State Farm Fire & Cas. Co. v. Higgins, 788 So. 2d 992 (Fla. 4th DCA 2001). · cites it 3× “Contained in Chapter 768 of the Florida Statutes entitled "Negligence," Section 768.041(3), Florida Statutes (2000) provides that "[t]he fact of .”

Higgins v. State Farm Fire & Cas. Co., 894 So. 2d 5 (Fla. 2004). · cites it 2× “The circuit court found that the remark violated section 768.041(3), Florida Statutes (1999), and granted a new trial.”

Show all 158 citing cases →

— 768.041(1) — 18 cases

Hurt v. Leatherby Ins. Co., 380 So. 2d 432 (Fla. 1980). “1975); § 768.041(1) Fla. Stat. (1977). The Uniform Contribution Among Joint Tortfeasors Act also abrogates the common law rule: "When a release .”

Jones v. Gulf Coast Newspapers, Inc., 595 So. 2d 90 (Fla. 2d DCA 1992).

Crosby v. Jones, 705 So. 2d 1356 (Fla. 1998).

Broz v. Rodriguez, 891 So. 2d 1205 (Fla. 4th DCA 2005).

JFK Med. Ctr., Inc. v. Price, 647 So. 2d 833 (Fla. 1994).

— 768.041(2) — 58 cases

Cornerstone SMR, Inc. v. Bank of Am., N.A., 163 So. 3d 565 (Fla. 4th DCA 2015). “The Florida Legislature abolished this common law rule in section 768.041, Florida Statutes (2012), which provides: (1) A release or covenant not to sue as to one tortfeasor for property damage to, personal injury of, or the wrongful death of any person shall not operate to…”

Escadote I Corp. v. Ocean Three Ltd. P'ship, 211 So. 3d 1059 (Fla. 3d DCA 2016).

Dionese v. City of West Palm Beach, 485 So. 2d 1361 (Fla. 4th DCA 1986).

Nationsbank, Na v. Kpmg Peat Marwick LLP, 813 So. 2d 964 (Fla. 4th DCA 2002). “, persons jointly liable with the nonsettling defendant, qualify for a setoff under section 768.”

Gouty v. Schnepel, 795 So. 2d 959 (Fla. 2001). “Section 768.041, Florida Statutes (2000), provides, in pertinent part: (1) A release or covenant not to sue as to one tortfeasor for property damage to, personal injury of, or the wrongful death of any person shall not operate to release or discharge the liability of any other…”

— 768.041(3) — 32 cases

Saleeby v. Rocky Elson Constr., Inc., 3 So. 3d 1078 (Fla. 2009). “041, Florida Statutes (2006) provides as follows: (1) A release or covenant not to sue as to one tortfeasor for property damage to, personal injury of, or the wrongful death of any person shall not operate to release or discharge the liability of any other tortfeasor who may be…”

Ruby Saunders, etc. v. Willis Dickens, M.D., 151 So. 3d 434 (Fla. 2014). “Pasarin entered into a settlement agreement with the Saunders and, as required by section 768.041(3), Florida Statutes (2003), the jury was not informed of the settlement.”

State Farm Mut. Auto. Ins. Co. v. Williams, 943 So. 2d 997 (Fla. 1st DCA 2006). “041 reads: (1) A release or covenant not to sue as to one tortfeasor for property damage to, personal injury of, or the wrongful death of any person shall not operate to release or discharge the liability of any other tortfeasor who may be liable for the same tort or death. (2)…”

State Farm Fire & Cas. Co. v. Higgins, 788 So. 2d 992 (Fla. 4th DCA 2001). “Contained in Chapter 768 of the Florida Statutes entitled "Negligence," Section 768.041(3), Florida Statutes (2000) provides that "[t]he fact of .”

Higgins v. State Farm Fire & Cas. Co., 894 So. 2d 5 (Fla. 2004). “The circuit court found that the remark violated section 768.041(3), Florida Statutes (1999), and granted a new trial.”

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