Florida Statutes
Fla. Stat. § 768.0415 (2025)
Liability for injury to parent.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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768.0415 Liability for injury to parent.—A person who, through negligence, causes significant permanent injury to the natural or adoptive parent of an unmarried dependent resulting in a permanent total disability shall be liable to the dependent for damages, including damages for permanent loss of services, comfort, companionship, and society. This section shall apply to acts of negligence occurring on or after October 1, 1988.
Notes of Decisions
Cited in 20
cases (2 in the last 5 years), 1992–2026 · leading case: Diecidue v. Lewis, 223 So. 3d 1015 (Fla. 2d DCA 2017).
Diecidue v. Lewis, 223 So. 3d 1015 (Fla. 2d DCA 2017). “The penultimate paragraph of the release reads, "To procure payment of the consideration referred to herein, I do hereby declare and represent that I have no qualifying disability and qualifying dependent(s) which would enable a claim to be made by or on behalf of any unmarried…”
Cruz v. Broward Cnty. Sch. Bd., 800 So. 2d 213 (Fla. 2001). “§ 768.0415, Fla. Stat. (1993) (emphasis added).”
United States v. Dempsey, 635 So. 2d 961 (Fla. 1994). “§ 768.0415, Fla. Stat. (1993). Similarly, this Court has extended the right to recover for the loss of marital consortium to the wife.”
Larusso v. Garner, 888 So. 2d 712 (Fla. 4th DCA 2004). “§ 768.0415, Fla. Stat. (1994). As Braden was not born, but was only a fetus at the time of injury, the three appellants argue that he was not an "unmarried dependent" within the meaning of the statute, precluding an award of loss of consortium damages for his mother's injuries.”
Engle Cases 4432 Individual Tobacco v. Various Tobacco Companies, 767 F.3d 1082 (11th Cir. 2014). “See Fla. Stat. § 768.0415 . For ease of discussion, we will refer to consortium claimants as the smokers' spouses throughout this opinion, since that is most often the case.”
Sandarac Ass'n v. WR FRI. ARCHI., 609 So. 2d 1349 (Fla. 2d DCA 1992). “1985) with § 768.0415, Fla. Stat. (1991) (court declines to create child consortium claim in personal injury but legislature creates the claim).”
Howard v. Risch, 959 So. 2d 308 (Fla. 2d DCA 2007). “See § 768.0415, Fla. Stat. (2003). Mr. Howard filed his lawsuit in May 2005.”
Stand. Jury Inst-Civ. Cases (01-1 & 01-2), 825 So. 2d 277 (Fla. 2002). “The issue for your determination on this claim is whether the injury sustained by (claimant parent) was a significant permanent injury resulting in a permanent total disability.”
Moore v. Gillett, 96 So. 3d 933 (Fla. 2d DCA 2012). “Gillett continued to pursue a claim under section 768.0415, Florida Statutes (1999), for the loss of parental consortium on behalf of one of their minor children.”
North Pac. Ins. v. Stucky, 2014 MT 299 (Mont. 2014). “In an additional three states, 39 the parties who may claim loss of consortium damages in cases of nonfatal injury are limited by statute and do not include emancipated adults, see Fla. Stat. § 768.0415 (2014); R.I. Gen. Laws § 9-1-41 (2014); S.”
Pavolini v. Bird, 769 So. 2d 410 (Fla. 5th DCA 2000). “NOTES [1] The child's claim is based on section 768.0415, Florida Statutes, which establishes a cause of action on behalf of the child to recover damages for permanent loss of services, comfort, companionship, and society from a person who causes significant permanent injury to…”
Honeywell Int'l, Inc. v. Guilder, 23 So. 3d 867 (Fla. 3d DCA 2009). “The third issue involves a question of statutory interpretation of a child’s right to parental consortium pursuant to section 768.0415, Florida Statutes (2006).”
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