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Florida Statute 768.0415 | Lawyer Caselaw & Research
F.S. 768.0415 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 768.0415

The 2023 Florida Statutes (including Special Session C)

Title XLV
TORTS
Chapter 768
NEGLIGENCE
View Entire Chapter
F.S. 768.0415
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.
History.s. 1, ch. 88-173.

F.S. 768.0415 on Google Scholar

F.S. 768.0415 on Casetext

Amendments to 768.0415


Arrestable Offenses / Crimes under Fla. Stat. 768.0415
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 768.0415.



Annotations, Discussions, Cases:

Cases from cite.case.law:

P. DIECIDUE, v. LEWIS,, 223 So. 3d 1015 (Fla. Dist. Ct. App. 2017)

. . . which would enable a claim to be made by or on behalf of any unmarried dependent, as defined by section 768.0415 . . . Section 768.0415 allows unmarried dependent children to bring loss of consortium claims based in negligence . . . In pertinent part, section 768.0415 reads, “A person who, through negligence, causes significant permanent . . . Allstate’s waiver for loss of consortium claims, when read together with section 768.0415, is ambiguous . . . dependent(s)” as used in the waiver means an unmarried dependent child, either natural or adopted. § 768.0415 . . .

In ENGLE CASES v. LLC,, 767 F.3d 1082 (11th Cir. 2014)

. . . . § 768.0415. . . .

In STANDARD JURY INSTRUCTIONS- CONTRACT AND BUSINESS CASES, 116 So. 3d 284 (Fla. 2013)

. . . vicariously {e.g., claims against a party actively negligent and against his employer) or claims under F.S. 768.0415 . . .

A. MOORE, II, v. GILLETT, 96 So. 3d 933 (Fla. Dist. Ct. App. 2012)

. . . Gillett continued to pursue a claim under section 768.0415, Florida Statutes (1999), for the loss of . . .

In STANDARD JURY INSTRUCTIONS IN CIVIL CASES- REPORT NO. In No. In No. In No. In No. s In No. In No. In No. In No., 35 So. 3d 666 (Fla. 2010)

. . . F.S. 768.0415 does not define “significant permanent injury,” “dependent” or “permanent total disability . . . F.S. 768.0415 refers only to “negligence.” . . . vicariously {e.g., claims against a party actively negligent and against his employer) or claims under F.S. 768.0415 . . .

HONEYWELL INTERNATIONAL, INC. v. GUILDER,, 23 So. 3d 867 (Fla. Dist. Ct. App. 2009)

. . . question of statutory interpretation of a child’s right to parental consortium pursuant to section 768.0415 . . . Section 768.0415 provides that: a person who, through negligence, causes significant permanent injury . . . Since section 768.0415 allows for a cause of action against a person only for “acts of negligence occurring . . . review of the statute’s legislative history, we find that the Legislature specifically limited section 768.0415 . . .

D. HOWARD, Jr. v. RISCH, JR, 959 So. 2d 308 (Fla. Dist. Ct. App. 2007)

. . . See § 768.0415, Fla. Stat. (2003). Mr. Howard filed his lawsuit in May 2005. . . .

E. LARUSSO, S. a v. GARNER, a a a, 888 So. 2d 712 (Fla. Dist. Ct. App. 2004)

. . . . § 768.0415, Fla. Stat. (1994). . . . Similarly, section 768.0415 is remedial in nature, providing a remedy for a wrong that causes injury . . . precedent, we hold that a child born alive is entitled to claim loss of consortium damages under section 768.0415 . . . Section 768.0415 speaks only to who may bring the claim, not to the extent of damages. . . . .” § 768.0415 (emphasis added). . . .

STANDARD JURY INSTRUCTIONS- CIVIL CASES NOS., 825 So. 2d 277 (Fla. 2002)

. . . . § 768.0415 does not define “significant permanent injury,” “dependent” or “permanent total disability . . . Stat. § 768.0415 refers only to “negligence.” . . .

CRUZ, v. BROWARD COUNTY SCHOOL BOARD,, 800 So. 2d 213 (Fla. 2001)

. . . Section 768.0415 provides that an “unmarried dependent” may recover for loss of parental consortium arising . . . This section shall apply to acts of negligence occurring on or after October 1, 1988. § 768.0415, Fla . . . The common law in this area has been supplanted by both section 768.0415 and Dempsey and neither of these . . . In light of the fact that the Legislature has acted in this area by promulgating section 768.0415 and . . . Just as the age of the dependent is a nonissue under section 768.0415, so too is it a nonissue under . . .

PAVOLINI v. F. BIRD, M. D. F. M. D. P. A., 769 So. 2d 410 (Fla. Dist. Ct. App. 2000)

. . . For example, Stephanie would claim as a minor under section 768.0415. . . . and children of injured persons automatically qualify for a loss of consortium award or damages under 768.0415 . . . Unfortunately for the appellees, the two whose opinion will determine the outcome agree with the appellant. . 768.0415 . . . The child’s claim is based on section 768.0415, Florida Statutes, which establishes a cause of action . . .

STANDARD JURY INSTRUCTIONS- CIVIL CASES NO., 746 So. 2d 440 (Fla. 1999)

. . . . § 768.0415,” and 6.2(h) “Unmarried dependent’s damages under Fla. . . . . § 768.0415”; and a revision to the note on use to 2.4 “Multiple Claims, Numerous Parties, Consolidated . . . Stat. § 768.0415 does not define “significant permanent injury,” “dependent” or “permanent total disability . . . Stat. § 768.0415 refers only to “negligence.” . . . Stat. § 768.0415. . . .

UNITED STATES v. DEMPSEY,, 635 So. 2d 961 (Fla. 1994)

. . . . § 768.0415, Fla.Stat. (1993). . . . Section 768.0415 limits a child’s recovery for the loss of a parent’s services, comfort, companionship . . . society to those losses caused by a significant injury “resulting in a permanent total disability.” § 768.0415 . . . injury to the parent-child relationship, the same relationship addressed by the legislature in section 768.0415 . . . legislature did recognize the claim for loss of parental companionship by the enactment of section 768.0415 . . .

TAYLOR, By M. PARKER, v. GENERAL MOTORS ACCEPTANCE CORPORATION, a, 622 So. 2d 1169 (Fla. Dist. Ct. App. 1993)

. . . requirement for derivative claims in that statute was not negated by the 1988 enactment of section 768.0415 . . .

SANDARAC ASSOCIATION, INC. a v. W. R. FRIZZELL ARCHITECTS, INC. a H. D. a, 609 So. 2d 1349 (Fla. Dist. Ct. App. 1992)

. . . Rosen, 467 So.2d 305 (Fla.1985) with § 768.0415, Fla. . . .

GOMEZ, v. AVIS RENT A CAR SYSTEM, INC., 596 So. 2d 510 (Fla. Dist. Ct. App. 1992)

. . . complaint included two counts that sought derivative damages for the minor children, based on section 768.0415 . . . Section 768.0415 provides that A person who, through negligence, causes significant permanent injury . . .