Florida Statute 768.16 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLV
TORTS

Chapter 768
NEGLIGENCE

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768.16 Wrongful Death Act.—Sections 768.16-768.26 may be cited as the “Florida Wrongful Death Act.”

History.—s. 1, ch. 72-35; s. 105, ch. 2003-1.

F.S. 768.16 on Google Scholar

F.S. 768.16 on CourtListener

Amendments to 768.16

Annotations, Discussions, Cases:

Cases Citing Statute 768.16

Total Results: 58

Martin v. United Security Services, Inc.

314 So. 2d 765

Supreme Court of Florida | Filed: Apr 23, 1975 | Docket: 1420969

Cited 62 times | Published

Drake, 73 So.2d 279 (Fla. 1954) (minors). [14] § 768.16, F.S. (1973). [15] The Florida Law Revision Commission

Eddie Manley, Individually, and as Administratrix of the Estate of Shirley Hall v. Leve T. Engram

755 F.2d 1463, 1985 U.S. App. LEXIS 28513

Court of Appeals for the Eleventh Circuit | Filed: Mar 22, 1985 | Docket: 554209

Cited 40 times | Published

art. 4671, et seq., and Fla.Rev.Stat. § 768.16, et seq., with West German Civil Code

Robert McK Foster, as Personal Representative of the Estates of Almon O. Thompson, Deceased, and Doris E. Thompson, Deceased v. United States

768 F.2d 1278, 1985 U.S. App. LEXIS 21342

Court of Appeals for the Eleventh Circuit | Filed: Aug 16, 1985 | Docket: 284844

Cited 39 times | Published

Under Florida’s Wrongful Death Act, Fla.Stat.Ann. § 768.16-27 (West Supp. 1984), Beth Ann must be a survivor

Gaboury v. Flagler Hospital, Inc.

316 So. 2d 642

District Court of Appeal of Florida | Filed: Jul 18, 1975 | Docket: 1455675

Cited 39 times | Published

under the Florida Wrongful Death Act, Fla. Stat. § 768.16 et seq. (1973). The complaint alleged, inter alia

Matthews v. Williford

318 So. 2d 480

District Court of Appeal of Florida | Filed: Sep 5, 1975 | Docket: 1739216

Cited 35 times | Published

of the new Florida Wrongful Death statute, Fla. Stat. 768.16-27.

White v. Clayton

323 So. 2d 573

Supreme Court of Florida | Filed: Oct 22, 1975 | Docket: 1258301

Cited 17 times | Published

contending that under the new Wrongful Death Act, F.S. 768.16-27 (Eff. July 1, 1972) that this item of damage

Delta Air Lines, Inc. v. Ageloff

552 So. 2d 1089, 14 Fla. L. Weekly 546, 1989 Fla. LEXIS 1037, 1989 WL 128589

Supreme Court of Florida | Filed: Oct 26, 1989 | Docket: 1200523

Cited 15 times | Published

under the Florida Wrongful Death Act, Fla. Stat. § 768.16-768.27. Since Ageloff was unmarried and had no

In Re Standard Jury Instructions in Civil Cases—Report No. 09-01

35 So. 3d 666, 35 Fla. L. Weekly Supp. 149, 2010 Fla. LEXIS 302

Supreme Court of Florida | Filed: Mar 4, 2010 | Docket: 1646266

Cited 14 times | Published

the survivors under the Wrongful Death Act, F.S. 768.16-768.26. FORM 3(a). MODEL FORM OF VERDICT FOR

Heath v. City of Hialeah

560 F. Supp. 840

District Court, S.D. Florida | Filed: Apr 7, 1983 | Docket: 965865

Cited 10 times | Published

applicability of the Florida Wrongful Death Act, see § 768.16 et seq. Specifically, § 768.21[1] sets forth the

Estate of Youngblood v. Halifax Convalescent Center, Ltd.

874 So. 2d 596, 2004 WL 119298

District Court of Appeal of Florida | Filed: Jan 23, 2004 | Docket: 1473839

Cited 9 times | Published

controlled and limited by the Wrongful Death Act, section 768.16? At that time, the section contained the following

Brown v. Seebach

763 F. Supp. 574, 1991 U.S. Dist. LEXIS 5047, 1991 WL 57908

District Court, S.D. Florida | Filed: Apr 12, 1991 | Docket: 1153336

Cited 9 times | Published

death of Eric Brown, brought pursuant to Fla.Stat. § 768.16. The plaintiffs maintain that subject matter jurisdiction

Smith v. Lusk

356 So. 2d 1309

District Court of Appeal of Florida | Filed: Mar 29, 1978 | Docket: 1478401

Cited 8 times | Published

was impliedly abolished by the enactment of Section 768.16, et seq. Appellants filed an objection to the

Jolley v. Powell

299 So. 2d 647

District Court of Appeal of Florida | Filed: Sep 4, 1974 | Docket: 1745700

Cited 8 times | Published

§ 129; Restatement of Torts, 2d § 283. [3] Section 768.16 et seq., F.S. 1972. [4] Holmes, The Common

SEABOARD COAST LINE RD. CO. v. Friddle

290 So. 2d 85

District Court of Appeal of Florida | Filed: Feb 15, 1974 | Docket: 450888

Cited 8 times | Published

cited statutes were repealed and replaced by F.S. 768.16-768.27, effective July 1, 1972. [1] The defendant

Funchess v. Gulf Stream Apartments

611 So. 2d 43, 1992 WL 379848

District Court of Appeal of Florida | Filed: Dec 23, 1992 | Docket: 2516807

Cited 7 times | Published

death action against appellees, pursuant to section 768.16, Florida Statutes (1989). The decedent's mother

Nora LaFreniere, Vice President and General Counsel of Otis Elevator Company v. Catherine Craig-Myers, individually and as personal representative of the Estate of Robert Myers

264 So. 3d 232

District Court of Appeal of Florida | Filed: Dec 28, 2018 | Docket: 8462703

Cited 6 times | Published

alleging that jurisdiction was invoked pursuant to section 768.16, Florida Statutes, “the Florida Wrongful Death

McQueen v. Jersani

909 So. 2d 491, 2005 WL 2043268

District Court of Appeal of Florida | Filed: Aug 26, 2005 | Docket: 1663219

Cited 6 times | Published

repealed pre-existing wrongful death statutes. See § 768.16, Fla. Stat. Note that in Gross Builders, the second

University Medical Center v. Zeiler

625 So. 2d 120, 18 Fla. L. Weekly Fed. D 2232

District Court of Appeal of Florida | Filed: Oct 15, 1993 | Docket: 474118

Cited 5 times | Published

(underinsured motorist carrier) pursuant to section 768.16, et seq., Florida Statutes (1989). The complaint

Talan v. Murphy

443 So. 2d 207

District Court of Appeal of Florida | Filed: Dec 13, 1983 | Docket: 1458099

Cited 5 times | Published

mechanism for bringing a wrongful death action, section 768.16, et seq., requires that the single cause of

Dye v. Houston

421 So. 2d 701

District Court of Appeal of Florida | Filed: Nov 9, 1982 | Docket: 1373245

Cited 5 times | Published

and enacted a new one which is encompassed in Section 768.16-768.27. The new act became effective on July

Kelly v. Georgia-Pacific, LLC

211 So. 3d 340, 2017 WL 697746, 2017 Fla. App. LEXIS 2413

District Court of Appeal of Florida | Filed: Feb 22, 2017 | Docket: 60262589

Cited 4 times | Published

that survived the death of the injured party. See § 768.16, Fla. Stat. (2015). The purpose of the Florida

Walls v. Armour Pharmaceutical Co.

832 F. Supp. 1467, 1993 U.S. Dist. LEXIS 10905, 1993 WL 299632

District Court, M.D. Florida | Filed: Jul 19, 1993 | Docket: 285015

Cited 4 times | Published

under the Florida Wrongful Death Act, Fla.Stat. § 768.16-27. Following a six-day trial, the jury awarded

Elliot v. Barrow

526 So. 2d 989, 1988 WL 55785

District Court of Appeal of Florida | Filed: Jun 3, 1988 | Docket: 1273047

Cited 4 times | Published

and not a wrongful death action brought under § 768.16, Fla. Stat., § 95.11(4)(d) is not applicable and

Del Rio v. United States

833 F.2d 282, 56 U.S.L.W. 2349

Court of Appeals for the Eleventh Circuit | Filed: Dec 4, 1987 | Docket: 66230549

Cited 4 times | Published

question. Florida’s Wrongful Death Act, Fla.Stat. § 768.16-.27, creates in the statutory beneficiaries an

Fojtasek v. NCL (Bahamas) Ltd.

262 F.R.D. 650, 2009 U.S. Dist. LEXIS 107478, 2009 WL 3733334

District Court, S.D. Florida | Filed: Nov 6, 2009 | Docket: 66039945

Cited 3 times | Published

to the Florida Wrongful Death Act, Fla. Stat. § 768.16 et seq., for NCL’s alleged negligence related

Hartford Insurance Co. v. Goff

4 So. 3d 770, 2009 Fla. App. LEXIS 2019, 2009 WL 632931

District Court of Appeal of Florida | Filed: Mar 13, 2009 | Docket: 17564

Cited 3 times | Published

27 constitute the Florida Wrongful Death Act. § 768.16.

Parrish v. FREIGHTLINER, LLC

471 F. Supp. 2d 1262, 2006 U.S. Dist. LEXIS 25897, 2006 WL 1169694

District Court, M.D. Florida | Filed: May 3, 2006 | Docket: 2394867

Cited 3 times | Published

liability case for wrongful death pursuant to § 768.16, Florida Statutes. The accident giving rise to

Orlando v. Broward County

920 So. 2d 54, 2005 WL 3478364

District Court of Appeal of Florida | Filed: Dec 21, 2005 | Docket: 1730616

Cited 3 times | Published

defendants, pursuant to the Wrongful Death Act, section 768.16, et seq., Florida Statutes (1999). The case

Lewis v. City of St. Petersburg

98 F. Supp. 2d 1344, 2000 U.S. Dist. LEXIS 8485, 2000 WL 781042

District Court, M.D. Florida | Filed: May 3, 2000 | Docket: 2444106

Cited 3 times | Published

pursuant to Florida's Wrongful Death Act, Fla. Stat. § 768.16-768.27, as the personal representative of the

McCoy v. Hollywood Quarries, Inc.

544 So. 2d 274, 1989 WL 53341

District Court of Appeal of Florida | Filed: May 24, 1989 | Docket: 1301123

Cited 3 times | Published

governed by the Florida Wrongful Death Act, section 768.16 et seq., Florida Statutes (Supp. 1982). In

Florida Clarklift, Inc. v. Reutimann

323 So. 2d 640

District Court of Appeal of Florida | Filed: Dec 5, 1975 | Docket: 1675191

Cited 3 times | Published

Martin upholds the constitutionality of Fla. Stat. 768.16-27, to the extent they consolidate survival

Foxworth Ex Rel. Estate of Durden v. Kia Motors

377 F. Supp. 2d 1196, 2005 U.S. Dist. LEXIS 18587, 2005 WL 1690601

District Court, N.D. Florida | Filed: Mar 30, 2005 | Docket: 2574291

Cited 2 times | Published

Florida's Wrongful Death Act ("WDA"), Fla. Stat. § 768.16-§ 768.27, and Survival Statute ("SS"), Fla. Stat

Young v. ST. VINCENT'S MEDICAL CENTER

653 So. 2d 499, 1995 WL 234614

District Court of Appeal of Florida | Filed: Apr 24, 1995 | Docket: 552214

Cited 2 times | Published

superseded by F.S. 768.16.27 (1973). [5] F.S. 768.01 (1971), superseded by F.S. 768.16.27 (1973). [6]

Anderson v. Snyder

389 F. Supp. 3d 1082

District Court, S.D. Florida | Filed: Mar 20, 2019 | Docket: 64325233

Cited 1 times | Published

under Florida's Wrongful Death Act, Fla. Stat. § 768.16 - 768.26. (DE 31 ¶¶ 6-17). Count 2 states an excessive

Morera v. Sears, Roebuck & Co.

141 F. Supp. 3d 1335, 2015 U.S. Dist. LEXIS 150367

District Court, S.D. Florida | Filed: Oct 19, 2015 | Docket: 64305052

Cited 1 times | Published

to the Florida Wrongful Death Act, Fla. Stat. § 768.16 et seq. Plaintiff seeks to hold Defendant vicariously

Perez v. United States

883 F. Supp. 2d 1257, 2012 WL 3265086, 2012 U.S. Dist. LEXIS 110024

District Court, S.D. Florida | Filed: Aug 7, 2012 | Docket: 65984040

Cited 1 times | Published

provisions of Florida’s Wrongful Death Act, Fla. Stat. § 768.16 et seq., govern this determination. According

Bedoya v. Travelers Property Casualty Co. of America

773 F. Supp. 2d 1326, 2011 U.S. Dist. LEXIS 37119, 2011 WL 1138645

District Court, M.D. Florida | Filed: Mar 22, 2011 | Docket: 2338770

Cited 1 times | Published

brought under Florida's Wrongful Death Act, section 768.16, et seq., Florida Statutes, by Plaintiff Mercedes

Englich v. Agency for Healthcare Admin.

916 So. 2d 994, 2005 WL 3533677

District Court of Appeal of Florida | Filed: Dec 28, 2005 | Docket: 1659603

Cited 1 times | Published

HOROWITZ, ALFRED, Associate Judge, concur. NOTES [1] § 768.16, Fla. Stat. (1999). [2] § 409.910, Fla. Stat

Gutierrez v. City of Hialeah

723 F. Supp. 1494, 16 Fed. R. Serv. 3d 299, 1989 U.S. Dist. LEXIS 12908, 1989 WL 129204

District Court, S.D. Florida | Filed: Oct 31, 1989 | Docket: 1197696

Cited 1 times | Published

*1497 claims for wrongful death pursuant to Section 768.16 et seq., Fla.Stat. (the "Wrongful Death Act")

Rainey v. Beech Aircraft Corp.

827 F.2d 1498, 56 U.S.L.W. 2182

Court of Appeals for the Eleventh Circuit | Filed: Sep 22, 1987 | Docket: 66228082

Cited 1 times | Published

the Florida Wrongful Death Act, Fla. Stat.Ann § 768.16-.27 in district court. The jury returned a verdict

Walker v. City of Miami

337 So. 2d 1002

District Court of Appeal of Florida | Filed: Sep 14, 1976 | Docket: 1414588

Cited 1 times | Published

these statutes have been superseded by Fla. Stat. § 768.16 et seq. [2] See RCP 1.450.

Egan v. Pan American World Airways, Inc.

62 F.R.D. 710, 1974 U.S. Dist. LEXIS 9589

District Court, S.D. Florida | Filed: Mar 11, 1974 | Docket: 66069062

Cited 1 times | Published

1972 of the Florida Wrongful Death Act, Fla.Stat. § 768.16 et seq. (Supp. 1972) abrogates, as defendant contends

Jordan M. Anderson v. the School Board of Escambia County

District Court of Appeal of Florida | Filed: Jul 23, 2025 | Docket: 70890926

Published

wrongful death under Florida’s Wrongful Death Act, section 768.16, Florida Statutes, and Count II alleged negligence

Grady C. Judd, Sheriff of Polk County v. Christina Haegele, as Personal Representative of the Estate of Chance Haegele

District Court of Appeal of Florida | Filed: Mar 28, 2025 | Docket: 69808615

Published

under Florida’s Wrongful Death Act, codified at section 768.16 et. seq., Florida Statutes. After the

Patricia LaCourse v. Defense Support Services LLC

Court of Appeals for the Eleventh Circuit | Filed: Nov 17, 2020 | Docket: 18639705

Published

under Florida’s Wrongful Death Act, Fla. Stat. § 768.16—had to be stricken on the ground that where DOHSA

In Re: Standard Jury Instructions in Civil Cases - Report No. 19-04

Supreme Court of Florida | Filed: Jan 23, 2020 | Docket: 16761631

Published

the survivors under the Wrongful Death Act, F.S. 768.16–768.26.

Lee v. CSX Transp., Inc.

958 So. 2d 578, 2007 WL 1790747

District Court of Appeal of Florida | Filed: Jun 22, 2007 | Docket: 1734859

Published

IRENE H., Associate Judge, Concur. NOTES [1] § 768.16-.27, Fla. Stat. (1995). [2] The second presumption

Cahill v. American Jets International, Inc.

755 So. 2d 688, 1999 Fla. App. LEXIS 10453, 1999 WL 565802

District Court of Appeal of Florida | Filed: Aug 4, 1999 | Docket: 64796728

Published

complaint sought wrongful death damages pursuant to section 768.16 of the Florida Statutes and pled the following

Starita v. West Putnam Post Number 10164, Veterans of Foreign Wars of the United States, Inc.

678 So. 2d 521, 1996 Fla. App. LEXIS 9123, 1996 WL 491715

District Court of Appeal of Florida | Filed: Aug 30, 1996 | Docket: 64766763

Published

David Rye.2 The action was brought pursuant to section 768.16, Florida Statutes (1991). Mullins was a permanent

Florida Rock & Tank Lines, Inc. v. Alford

474 So. 2d 1233, 10 Fla. L. Weekly 2055

District Court of Appeal of Florida | Filed: Aug 28, 1985 | Docket: 64613916

Published

Craggs, and filed suit in wrongful death under Section 768.16, Florida Statutes (1981), against Florida Rock

Bell v. Harris

381 So. 2d 1167, 1980 Fla. App. LEXIS 16328

District Court of Appeal of Florida | Filed: Mar 14, 1980 | Docket: 64575236

Published

deceased, and presents this claim pursuant to Section 768.16, Florida Statutes, on behalf of the Estate

Sheir v. Metropolitan Dade County

375 So. 2d 1114, 1979 Fla. App. LEXIS 15893

District Court of Appeal of Florida | Filed: Sep 25, 1979 | Docket: 64572364

Published

initially filed suit under the Wrongful Death Act, Section 768.16, Florida Statutes, against the Sheirs, seeking

Hambrick v. Beard

366 So. 2d 58, 1978 Fla. App. LEXIS 16826

District Court of Appeal of Florida | Filed: Dec 8, 1978 | Docket: 64567939

Published

pursuant to the Florida Wrongful Death Act, Section 768.16-.27 (1977). The action concerned the death

Wojcik v. United Services Automobile Ass'n

347 So. 2d 1051, 1977 Fla. App. LEXIS 15392

District Court of Appeal of Florida | Filed: Apr 7, 1977 | Docket: 64559457

Published

actions into the Florida Wrongful Death Act (Section 768.16-768.27, Florida Statutes (1975)), the Legislature

Hanley v. Liberty Mutual Insurance

323 So. 2d 301, 1975 Fla. App. LEXIS 18923

District Court of Appeal of Florida | Filed: Dec 9, 1975 | Docket: 64551009

Published

under twenty-one (21) years of age.” Fla.Stat. § 768.16-768.27. This definition was changed by the subsequent

Pan American Bank of Sarasota v. Langan

315 So. 2d 216, 1975 Fla. App. LEXIS 13569

District Court of Appeal of Florida | Filed: Jun 25, 1975 | Docket: 64547812

Published

there held that the new wrongful death act, i. e., § 768.16 et seq., F.S.1973, did not eliminate the right

Fuller v. Hahn

313 So. 2d 419, 1975 Fla. App. LEXIS 14811

District Court of Appeal of Florida | Filed: Jun 3, 1975 | Docket: 64546736

Published

carried forward in Florida Statutes 1973, in F.S. 768.16— 768.27, and there designated as the “Florida

Niemi v. Mebane Oil Co.

303 So. 2d 661, 1974 Fla. App. LEXIS 8345

District Court of Appeal of Florida | Filed: Nov 22, 1974 | Docket: 64542822

Published

the enactment of the new Wrongful Death Statute § 768.16-[768].27, effective July 1, 1972, is conscious

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 768 in the context of negligence and personal injury claims and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.