Florida Statutes

Fla. Stat. § 768.19 (2025)

Right of action.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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768.19 Right of action.—When the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person, including those occurring on navigable waters, and the event would have entitled the person injured to maintain an action and recover damages if death had not ensued, the person or watercraft that would have been liable in damages if death had not ensued shall be liable for damages as specified in this act notwithstanding the death of the person injured, although death was caused under circumstances constituting a felony.

History.—s. 1, ch. 72-35.

Notes of Decisions

Cited in 94 cases (12 in the last 5 years), 1975–2025 · leading case: Laizure v. Avante at Leesburg, Inc., 109 So. 3d 752 (Fla. 2013).

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Laizure v. Avante at Leesburg, Inc., 109 So. 3d 752 (Fla. 2013). · cites it 10× “See § 768.19, Fla. Stat. (2009). Consequently, courts generally agree that wrongful death claims are derivative in nature, at least in the sense that they are dependent on a wrong committed against the decedent.”

Wallace v. Dean, 3 So. 3d 1035 (Fla. 2009). · cites it 4× “See § 768.19, Fla. Stat. (2004) ("When the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person, .”

Stern v. Miller, 348 So. 2d 303 (Fla. 1977). · cites it 9× “This is an action for wrongful death brought under Florida's Wrongful Death Act [Section 768.19, Florida Statutes (1973)].”

Knowles v. Beverly Enter.-Florida, 898 So. 2d 1 (Fla. 2004). · cites it 3× “" § 768.19, Fla. Stat. (1997). Under the Wrongful Death Act, however, a personal injury claim abates where personal injuries suffered from the negligent or wrongful act result in death.”

Toombs v. Alamo Rent-A-Car, Inc., 833 So. 2d 109 (Fla. 2002). · cites it 5× “§ 768.19, Fla. Stat. (1995). [5] Resolution of the conflict between Alley and the instant case revolves around the language in the second clause, which conditions the right of action created under the Act on the decedent's entitlement to "maintain an action and recover damages…”

Dressler v. Tubbs, 435 So. 2d 792 (Fla. 1983). · cites it 7× “" § 768.19, Fla. Stat. (1979). Because of the doctrine of interspousal immunity, the deceased wife would not have been able to maintain an action and recover damages from her husband had she lived, and, in view of this particular language of the wrongful death act, the trial…”

Variety Child.'s Hosp. v. Perkins, 445 So. 2d 1010 (Fla. 1983). · cites it 4× “Our holding is based upon the language contained in section 768.19, Florida Statutes (1981), which provides: When the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person, including those occurring on navigable…”

Capone v. Philip Morris USA, Inc., 116 So. 3d 363 (Fla. 2013). · cites it 3× “§ 768.19, Fla. Stat. (2008). Specifically at issue in this case is section 768.”

Metro. Life Ins. Co. v. McCarson, 467 So. 2d 277 (Fla. 1985). · cites it 2× “Florida's Wrongful Death Act, in section 768.19, Florida Statutes (1981), requires, as a condition precedent to bringing the action for wrongful death, that the decedent have a cause of action on which she could have brought suit had she survived.”

Tatum v. Schering Corp., 523 So. 2d 1042 (Ala. 1988). · cites it 3× “§ 13-21-202 (1973); Fla. Stat.Ann. § 768.19 (West 1986); Ga.Code Ann.”

Nissan Motor Co., Ltd. v. Phlieger, 508 So. 2d 713 (Fla. 1987). · cites it 5× “NOTES [1] § 768.19, Fla. Stat. (1983), provides: Right of action.”

In re Engle Cases, 45 F. Supp. 3d 1351 (M.D. Fla. 2014). · cites it 6× “Fla. Stat. § 768.19 . The legislature, however, is specific about how this suit may proceed: *1356 The action shall be brought by the decedent’s personal representative, who shall recover for the benefit of the decedent’s survivors and estate all damages, as specified in this…”

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