Florida Statute 768.81 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLV
TORTS

Chapter 768
NEGLIGENCE

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¹768.81 Comparative fault.—

(1) DEFINITIONS.—As used in this section, the term:

(a) “Accident” means the events and actions that relate to the incident as well as those events and actions that relate to the alleged defect or injuries, including enhanced injuries.

(b) “Economic damages” means past lost income and future lost income reduced to present value; medical and funeral expenses; lost support and services; replacement value of lost personal property; loss of appraised fair market value of real property; costs of construction repairs, including labor, overhead, and profit; and any other economic loss that would not have occurred but for the injury giving rise to the cause of action.

(c) “Negligence action” means, without limitation, a civil action for damages based upon a theory of negligence, strict liability, products liability, professional malpractice whether couched in terms of contract or tort, or breach of warranty and like theories. The substance of an action, not conclusory terms used by a party, determines whether an action is a negligence action.

(d) “Products liability action” means a civil action based upon a theory of strict liability, negligence, breach of warranty, nuisance, or similar theories for damages caused by the manufacture, construction, design, formulation, installation, preparation, or assembly of a product. The term includes an action alleging that injuries received by a claimant in an accident were greater than the injuries the claimant would have received but for a defective product. The substance of an action, not the conclusory terms used by a party, determines whether an action is a products liability action.

(2) EFFECT OF CONTRIBUTORY FAULT.—In a negligence action, contributory fault chargeable to the claimant diminishes proportionately the amount awarded as economic and noneconomic damages for an injury attributable to the claimant’s contributory fault, but does not bar recovery, subject to subsection (6).

(3) APPORTIONMENT OF DAMAGES.—In a negligence action, the court shall enter judgment against each party liable on the basis of such party’s percentage of fault and not on the basis of the doctrine of joint and several liability.

(a)1. In order to allocate any or all fault to a nonparty, a defendant must affirmatively plead the fault of a nonparty and, absent a showing of good cause, identify the nonparty, if known, or describe the nonparty as specifically as practicable, either by motion or in the initial responsive pleading when defenses are first presented, subject to amendment any time before trial in accordance with the Florida Rules of Civil Procedure.

2. In order to allocate any or all fault to a nonparty and include the named or unnamed nonparty on the verdict form for purposes of apportioning damages, a defendant must prove at trial, by a preponderance of the evidence, the fault of the nonparty in causing the plaintiff’s injuries.

(b) In a products liability action alleging that injuries received by a claimant in an accident were enhanced by a defective product, the trier of fact shall consider the fault of all persons who contributed to the accident when apportioning fault between or among them. The jury shall be appropriately instructed by the trial judge on the apportionment of fault in products liability actions where there are allegations that the injuries received by the claimant in an accident were enhanced by a defective product. The rules of evidence apply to these actions.

(4) APPLICABILITY.—This section does not apply to any action brought by any person to recover actual economic damages resulting from pollution, to any action based upon an intentional tort, or to any cause of action as to which application of the doctrine of joint and several liability is specifically provided by chapter 403, chapter 498, chapter 517, chapter 542, or chapter 895.

(5) MEDICAL MALPRACTICE.—Notwithstanding anything in law to the contrary, in an action for damages for personal injury or wrongful death arising out of medical malpractice, whether in contract or tort, if an apportionment of damages pursuant to this section is attributed to a teaching hospital as defined in s. 408.07, the court shall enter judgment against the teaching hospital on the basis of such party’s percentage of fault and not on the basis of the doctrine of joint and several liability.

(6) GREATER PERCENTAGE OF FAULT.—In a negligence action to which this section applies, any party found to be greater than 50 percent at fault for his or her own harm may not recover any damages. This subsection does not apply to an action for damages for personal injury or wrongful death arising out of medical negligence pursuant to chapter 766.

History.—ss. 60, 65, ch. 86-160; s. 5, ch. 87-50; s. 79, ch. 88-1; s. 43, ch. 88-277; s. 1, ch. 88-335; s. 38, ch. 91-110; s. 104, ch. 92-33; s. 27, ch. 99-225; s. 1, ch. 2006-6; s. 1, ch. 2011-215; s. 9, ch. 2023-15.

¹Note.—

A. Section 2, ch. 2011-215, provides that “[t]he Legislature intends that this act be applied retroactively and overrule D’Amario v. Ford Motor Co., 806 So. 2d 424 (Fla. 2001), which adopted what the Florida Supreme Court acknowledged to be a minority view. That minority view fails to apportion fault for damages consistent with Florida’s statutory comparative fault system, codified in s. 768.81, Florida Statutes, and leads to inequitable and unfair results, regardless of the damages sought in the litigation. The Legislature finds that, in a products liability action as defined in this act, fault should be apportioned among all responsible persons.”

B. Section 3, ch. 2011-215, provides that “[t]his act is remedial in nature and applies retroactively. The Legislature finds that the retroactive application of this act does not unconstitutionally impair vested rights. Rather, the law affects only remedies, permitting recovery against all tortfeasors while lessening the ultimate liability of each consistent with this state’s statutory comparative fault system, codified in s. 768.81, Florida Statutes. In all cases, the Legislature intends that this act be construed consistent with the due process provisions of the State Constitution and the Constitution of the United States.”

F.S. 768.81 on Google Scholar

F.S. 768.81 on CourtListener

Amendments to 768.81

Annotations, Discussions, Cases:

Cases Citing Statute 768.81

Total Results: 241

Fabre v. Marin

623 So. 2d 1182, 1993 WL 322933

Supreme Court of Florida | Filed: Aug 26, 1993 | Docket: 1658330

Cited 186 times | Published

court of appeal was called upon to interpret section 768.81(3), Florida Statutes (Supp. 1988), which states:

Thermoset Corporation v. Building Materials Corp of America

849 F.3d 1313, 97 Fed. R. Serv. 3d 419, 2017 WL 816224, 2017 U.S. App. LEXIS 3756

Court of Appeals for the Eleventh Circuit | Filed: Mar 2, 2017 | Docket: 4612618

Cited 163 times | Published

proportional to its percentage of fault. See Fla. Stat. § 768.81(3). Thus, if RSGO were not at the trial, GAF could

Hunnings v. Texaco, Inc.

29 F.3d 1480, 1994 U.S. App. LEXIS 21833, 1994 WL 424296

Court of Appeals for the Eleventh Circuit | Filed: Aug 12, 1994 | Docket: 64017865

Cited 161 times | Published

failure to state a claim.9 See Fla.Stat. Ann. § 768.81(2); see also Bean, 532 So.2d at 686 (the issue

Jones v. Florida Ins. Guar. Ass'n, Inc.

908 So. 2d 435, 2005 WL 1580606

Supreme Court of Florida | Filed: Jul 7, 2005 | Docket: 1724747

Cited 103 times | Published

Association were only available as permitted by section 768.81 of the Florida Statutes (1995) (the comparative

Wells v. Tallahassee Mem. Med. Center

659 So. 2d 249, 1995 WL 355306

Supreme Court of Florida | Filed: Jun 15, 1995 | Docket: 1241146

Cited 102 times | Published

NON-SETTLING DEFENDANT IN A CASE TRIED UNDER SECTION 768.81(3) ENTITLED TO SETOFF OR REDUCTION OF HIS APPORTIONED

D'ANGELO v. Fitzmaurice

863 So. 2d 311, 2003 WL 22799461

Supreme Court of Florida | Filed: Nov 26, 2003 | Docket: 2514905

Cited 69 times | Published

and the separate apportionment provisions of section 768.81, Florida Statutes (1997). We then review the

Carol Wyke, Individually and as Personal Representative of the Estate of Shawn David Wyke, a Minor Deceased v. Polk County School Board, Max Linton, Individually and as Principal of McLaughlin Junior High School of Polk County, and James Butler, Individually and as Vice-Principal of McLaughlin Junior High School of Polk County, Carol Wyke, Individually and as Personal Representative of the Estate of Shawn David Wyke, a Minor Deceased v. Polk County School Board, Max Linton, Individually and as Principal of McLaughlin Junior High School of Polk County, and James Butler, Individually and as Vice-Principal of McLaughlin Junior High School of Polk County

129 F.3d 560, 1997 U.S. App. LEXIS 32945

Court of Appeals for the Eleventh Circuit | Filed: Nov 19, 1997 | Docket: 1276266

Cited 67 times | Published

Florida's comparative fault statute, Fla. Stat. Ann. § 768.81 (West 1997 Supp.), requires fault to be "apportioned

Bearint Ex Rel. Bearint v. Dorel Juvenile Group, Inc.

389 F.3d 1339, 65 Fed. R. Serv. 996, 2004 U.S. App. LEXIS 23771, 2004 WL 2567890

Court of Appeals for the Eleventh Circuit | Filed: Nov 12, 2004 | Docket: 398175

Cited 66 times | Published

of warranty cases such as this one. Fla. Stat. § 768.81 (2004). In general, parties are liable only for

Cheryl Searcy v. R.J. Reynolds Tobacco Company

902 F.3d 1342

Court of Appeals for the Eleventh Circuit | Filed: Sep 5, 2018 | Docket: 7807616

Cited 65 times | Published

Florida's comparative fault statute, Florida Statute § 768.81. Because the jury had returned a single damages

Gilchrist Timber v. ITT Rayonier, Inc.

696 So. 2d 334, 22 Fla. L. Weekly Supp. 365, 1997 Fla. LEXIS 944, 1997 WL 348100

Supreme Court of Florida | Filed: Jun 26, 1997 | Docket: 1325698

Cited 59 times | Published

consistent with Florida law as set forth in section 768.81, Florida Statutes (1995), which provides that

Bravo v. United States

532 F.3d 1154, 2008 U.S. App. LEXIS 13969, 2008 WL 2597664

Court of Appeals for the Eleventh Circuit | Filed: Jul 2, 2008 | Docket: 399205

Cited 58 times | Published

that the damages be apportioned under Fla. Stat. § 768.81(3) between the culpable Naval personnel (for which

Nash v. Wells Fargo Guard Services, Inc.

678 So. 2d 1262, 21 Fla. L. Weekly Supp. 292, 1996 Fla. LEXIS 1070, 1996 WL 365743

Supreme Court of Florida | Filed: Jul 3, 1996 | Docket: 173577

Cited 55 times | Published

verdict form to decide the case pursuant to section 768.81, Florida Statutes (1991) and Fabre"), review

Agency for Health Care v. Assoc. Indus.

678 So. 2d 1239

Supreme Court of Florida | Filed: Jun 27, 1996 | Docket: 1736936

Cited 52 times | Published

recognized, by denying constitutional attacks upon section 768.81, Florida Statutes (Supp.1986), id. at 1090

Piamba Cortes Ex Rel. Piamba Cortes v. American Airlines, Inc.

177 F.3d 1272, 1999 A.M.C. 2286, 1999 U.S. App. LEXIS 13191

Court of Appeals for the Eleventh Circuit | Filed: Jun 15, 1999 | Docket: 395372

Cited 51 times | Published

the air carrier. See Fla. Stat. Ann. § 768.81(3) (“the court shall enter judgment against each

Dosdourian v. Carsten

624 So. 2d 241, 1993 WL 322918

Supreme Court of Florida | Filed: Aug 26, 1993 | Docket: 1517961

Cited 43 times | Published

purpose of apportioning noneconomic damages, section 768.81(3), Florida Statutes (1989),[3] requires the

American Home Assur. v. NAT. RR CORP.

908 So. 2d 459, 2005 WL 1580639

Supreme Court of Florida | Filed: Jul 7, 2005 | Docket: 1397399

Cited 39 times | Published

the active tortfeasor apportioned to it under section 768.81, Florida Statutes (1997), such that recovery

D'AMARIO v. Ford Motor Co.

806 So. 2d 424, 2001 WL 1472600

Supreme Court of Florida | Filed: Nov 21, 2001 | Docket: 2450395

Cited 36 times | Published

cause in fact and a proximate cause. Id. (citing § 768.81, Fla. Stat. (1993)). In so concluding, the court

Merrill Crossings Associates v. McDonald

705 So. 2d 560, 1997 WL 746290

Supreme Court of Florida | Filed: Dec 4, 1997 | Docket: 845697

Cited 35 times | Published

BASED UPON AN INTENTIONAL TORT" PURSUANT TO SECTION 768.81(4)(B), FLORIDA STATUTES (1993), SO THAT THE

Gross v. Lyons

763 So. 2d 276, 2000 WL 633026

Supreme Court of Florida | Filed: May 18, 2000 | Docket: 1681809

Cited 34 times | Published

damages amongst tortfeasors based on fault. Section 768.81(3), Florida Statutes (1999), provides that

Cortes v. American Airlines, Inc.

177 F.3d 1272

Court of Appeals for the Eleventh Circuit | Filed: Jun 15, 1999 | Docket: 395371

Cited 33 times | Published

fault, of the air carrier. See Fla. Stat. Ann. § 768.81(3) (“the court shall enter judgment against each

Barton Protective Services, Inc. v. Faber

745 So. 2d 968, 1999 WL 511944

District Court of Appeal of Florida | Filed: Jul 21, 1999 | Docket: 1294720

Cited 32 times | Published

interrogatory is in direct and express conflict with section 768.81, Florida Statutes, and Merrill Crossings Associates

Slawson v. Fast Food Enterprises

671 So. 2d 255, 1996 WL 164670

District Court of Appeal of Florida | Filed: Apr 10, 1996 | Docket: 756522

Cited 27 times | Published

had decided that the action was covered by section 768.81, Florida Statutes, and consequently asked the

Basel v. McFarland & Sons, Inc.

815 So. 2d 687, 2002 WL 506947

District Court of Appeal of Florida | Filed: Apr 5, 2002 | Docket: 1277892

Cited 23 times | Published

error to apply the October 1, 1999 amendment to section 768.81, Florida Statutes, limiting joint and several

McFarland & Son, Inc. v. Basel

727 So. 2d 266, 1999 WL 12926

District Court of Appeal of Florida | Filed: Jan 15, 1999 | Docket: 1438932

Cited 21 times | Published

applicable to any particular Defendant. See section 768.81(3), Fla. Stat. (1997).[4] In order to give

Sims v. Cristinzio

898 So. 2d 1004, 2005 WL 544166

District Court of Appeal of Florida | Filed: Mar 9, 2005 | Docket: 1448769

Cited 20 times | Published

against them for noneconomic damages pursuant to section 768.81(3), Florida Statutes (1995). [2] The Cristinzios

Wal-Mart Stores v. McDonald

676 So. 2d 12, 1996 WL 312805

District Court of Appeal of Florida | Filed: Jun 11, 1996 | Docket: 1692907

Cited 20 times | Published

not be included on the verdict form. Citing section 768.81, Florida Statutes, which the trial court found

St. Mary's Hosp., Inc. v. Brinson

685 So. 2d 33, 1996 WL 692112

District Court of Appeal of Florida | Filed: Dec 4, 1996 | Docket: 1415686

Cited 19 times | Published

the jury on apportionment of damages under section 768.81(3), Florida Statutes (1993). As we have just

Barnes v. the Kellogg Co.

846 So. 2d 568, 2003 WL 1936397

District Court of Appeal of Florida | Filed: Apr 25, 2003 | Docket: 1301456

Cited 18 times | Published

retailer's liability is not based on fault, section 768.81(3), Florida Statutes *572 (1999), does not

Yakavonis v. Dolphin Petroleum, Inc.

934 So. 2d 615, 2006 WL 2057223

District Court of Appeal of Florida | Filed: Jul 26, 2006 | Docket: 1460633

Cited 17 times | Published

can be included on the jury verdict form. See § 768.81(3)(d) and (e), Fla. Stat. (2003). Therefore, Yakavonis

Gouty v. Schnepel

795 So. 2d 959, 26 Fla. L. Weekly Fed. S 586

Supreme Court of Florida | Filed: Sep 13, 2001 | Docket: 1252464

Cited 17 times | Published

Fla. 257, 65 So. 8 (1914)). The enactment of section 768.81, Florida Statutes, represented a policy shift

Ridley v. Safety Kleen Corp.

693 So. 2d 934, 1996 WL 295106

Supreme Court of Florida | Filed: Mar 27, 1997 | Docket: 1524476

Cited 17 times | Published

belt.[17] This practice is inconsistent with section 768.81(2), Florida Statutes (1995), and our holding

Cohen v. Arvin

878 So. 2d 403, 2004 WL 1254862

District Court of Appeal of Florida | Filed: Jun 9, 2004 | Docket: 757515

Cited 15 times | Published

retailer's liability is not based on fault, section 768.81(3), Florida Statutes (1999), does not allow

Veliz v. Rental Service Corp. USA, Inc.

313 F. Supp. 2d 1317, 2003 U.S. Dist. LEXIS 24924, 2003 WL 23355662

District Court, M.D. Florida | Filed: Dec 19, 2003 | Docket: 406248

Cited 15 times | Published

injured in the tip over. [34] Florida Statute § 768.81(2) details the effect of contributory fault. In

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

claim is made). NOTE ON USE FOR 401.22f See F.S. 768.81 (1993); Fabre v. Marin, 623 So.2d 1182 (Fla.1993)

Caccavella v. Silverman

814 So. 2d 1145, 2002 WL 530557

District Court of Appeal of Florida | Filed: Apr 10, 2002 | Docket: 1368947

Cited 14 times | Published

forms the basis for the *1149 Mosley decision. Section 768.81(3), Florida Statutes (2001), provides in relevant

Allstate Ins. Co. v. Materiale

787 So. 2d 173, 2001 WL 497115

District Court of Appeal of Florida | Filed: May 11, 2001 | Docket: 1745014

Cited 14 times | Published

liability does not allow for apportionment under section 768.81, Florida Statutes (1997). 760 So.2d at 202

Fabre v. Marin

597 So. 2d 883, 1992 WL 73540

District Court of Appeal of Florida | Filed: Apr 14, 1992 | Docket: 1704773

Cited 14 times | Published

agree with the trial court's interpretation of section 768.81(3), Florida Statutes (Supp. 1988), and affirm

R.J. Reynolds Tobacco Co. v. Calloway

201 So. 3d 753, 2016 Fla. App. LEXIS 14304

District Court of Appeal of Florida | Filed: Sep 23, 2016 | Docket: 60257069

Cited 13 times | Published

fault,” however, it does not prevent recovery. § 768.81(2), (4), Fla. Stat. The term “negligence cases”

Foreline Security Corp. v. Scott

871 So. 2d 906, 2004 Fla. App. LEXIS 2355, 2004 WL 354545

District Court of Appeal of Florida | Filed: Feb 27, 2004 | Docket: 1709497

Cited 13 times | Published

damages for comparative negligence pursuant to section 768.81, Florida Statutes, did not apply. I. THE SLAVIN

ASSOCIATION FOR RETARDED v. Fletcher

741 So. 2d 520, 1999 WL 397135

District Court of Appeal of Florida | Filed: Jun 18, 1999 | Docket: 2449053

Cited 13 times | Published

core of ARC's argument is that, by enacting section 768.81, Florida Statutes (1991), our legislature changed

Department of Corrections v. McGhee

653 So. 2d 1091, 1995 WL 214978

District Court of Appeal of Florida | Filed: Apr 13, 1995 | Docket: 2034682

Cited 13 times | Published

misconstrued the intent of the legislature in enacting section 768.81(3), Florida Statutes (1989), a portion of the

Tampa Bay Water v. HDR Engineering, Inc.

731 F.3d 1171, 86 Fed. R. Serv. 3d 1238, 2013 WL 5305346, 2013 U.S. App. LEXIS 19474

Court of Appeals for the Eleventh Circuit | Filed: Sep 23, 2013 | Docket: 1113657

Cited 12 times | Published

damages proportional to its fault. Fla. Stat. § 768.81(3). Under Florida law, once a court has entered

Kay's Custom Drapes, Inc. v. Garrote

920 So. 2d 1168, 2006 WL 335596

District Court of Appeal of Florida | Filed: Feb 15, 2006 | Docket: 1440949

Cited 12 times | Published

To the contrary, amendment was essential. See § 768.81(3)(d), Fla. Stat. (2004) (requiring defendants

Burns Intern. SEC. v. Philadelphia Indem.

899 So. 2d 361, 2005 WL 662661

District Court of Appeal of Florida | Filed: Mar 23, 2005 | Docket: 1705760

Cited 12 times | Published

application of the comparative fault statute section 768.81, Florida Statutes (2000), and the trial court's

Norman v. Farrow

880 So. 2d 557, 2004 WL 1403295

Supreme Court of Florida | Filed: Jun 24, 2004 | Docket: 1294808

Cited 12 times | Published

damages paid or payable by PIP benefits.[4] Section 768.81(2), Florida Statutes (2003), addresses comparative

Thompson v. Hodson

825 So. 2d 941

District Court of Appeal of Florida | Filed: May 9, 2002 | Docket: 1691138

Cited 12 times | Published

liability does not allow for apportionment under section 768.81, Florida Statutes (1997). This circumstance

WR Grace & Co.-Conn. v. Dougherty

636 So. 2d 746, 1994 WL 16813

District Court of Appeal of Florida | Filed: Jan 19, 1994 | Docket: 1361994

Cited 12 times | Published

instructions and a verdict form pursuant to section 768.81, Florida Statutes (1991) and Fabre v. Marin

Messmer v. Teacher's Ins. Co.

588 So. 2d 610, 1991 Fla. App. LEXIS 9160, 1991 WL 182083

District Court of Appeal of Florida | Filed: Sep 19, 1991 | Docket: 320375

Cited 12 times | Published

litigation. The trial court ruled that pursuant to section 768.81(3), Florida Statutes (1987), Teacher's fully

Philip Morris Inc. v. French

897 So. 2d 480, 2004 WL 2955179

District Court of Appeal of Florida | Filed: Dec 22, 2004 | Docket: 1735381

Cited 11 times | Published

the jury should have apportioned fault under section 768.81, Florida Statute.[7] The trial court denied

YH Investments, Inc. v. Godales

690 So. 2d 1273, 1997 WL 136203

Supreme Court of Florida | Filed: Mar 27, 1997 | Docket: 436931

Cited 11 times | Published

certified to be of great public importance: DOES SECTION 768.81, FLORIDA STATUTES (1993), REQUIRE THAT A MINOR

Walt Disney World Co. v. Wood

515 So. 2d 198, 56 U.S.L.W. 2333, 12 Fla. L. Weekly 555, 1987 Fla. LEXIS 2462

Supreme Court of Florida | Filed: Nov 5, 1987 | Docket: 474338

Cited 11 times | Published

as part of its comprehensive tort reform law. § 768.81, Fla. Stat. (Supp. 1986). The fact that the new

Bakerman v. the Bombay Co., Inc.

961 So. 2d 259, 32 Fla. L. Weekly Supp. 342, 2007 Fla. LEXIS 1105, 2007 WL 1774420

Supreme Court of Florida | Filed: Jun 21, 2007 | Docket: 468642

Cited 10 times | Published

Such instruction was directly contrary to section 768.81(4)(b), Florida Statutes (1995), which provided

Letzter v. Cephas

792 So. 2d 481, 2001 WL 55794

District Court of Appeal of Florida | Filed: Jan 24, 2001 | Docket: 1735332

Cited 10 times | Published

the non-economic damages award pursuant to section 768.81, Florida Statutes. In sum, we find no error

Allstate Ins. Co. v. Rush

777 So. 2d 1027, 2000 WL 1873051

District Court of Appeal of Florida | Filed: Dec 27, 2000 | Docket: 1513940

Cited 10 times | Published

favor. The Rushes, relying on Florida Statutes, section 768.81 (1993), countered that had Ms. Buchholz remained

DANNER CONST. COMPANY, INC. v. Reynolds Metals Co.

760 So. 2d 199, 2000 Fla. App. LEXIS 4216, 2000 WL 367737

District Court of Appeal of Florida | Filed: Apr 12, 2000 | Docket: 1324816

Cited 10 times | Published

liability does not allow for apportionment under section 768.81, Florida Statutes (1997). This circumstance

JR Brooks & Son, Inc. v. Quiroz

707 So. 2d 861, 1998 WL 88185

District Court of Appeal of Florida | Filed: Mar 4, 1998 | Docket: 2449042

Cited 10 times | Published

below, that the comparative fault statute, section 768.81, Florida Statutes (1995), Fabre v. Marin, 623

JR Brooks & Son, Inc. v. Quiroz

707 So. 2d 861, 1998 WL 88185

District Court of Appeal of Florida | Filed: Mar 4, 1998 | Docket: 2449042

Cited 10 times | Published

below, that the comparative fault statute, section 768.81, Florida Statutes (1995), Fabre v. Marin, 623

Brady v. State Paving Corp.

693 So. 2d 612, 1997 WL 133795

District Court of Appeal of Florida | Filed: Mar 26, 1997 | Docket: 1524500

Cited 10 times | Published

abrogated joint and several liability by enacting section 768.81, Florida Statutes, making defendants responsible

Stellas v. Alamo Rent-A-Car, Inc.

673 So. 2d 940, 1996 Fla. App. LEXIS 5152, 1996 WL 267911

District Court of Appeal of Florida | Filed: May 22, 1996 | Docket: 845540

Cited 10 times | Published

question presented involves an interpretation of section 768.81, Florida Statutes (1993). That section, among

Miranda L. Day v. Persels & Associates, LLC

729 F.3d 1309, 2013 WL 4792547, 2013 U.S. App. LEXIS 18741

Court of Appeals for the Eleventh Circuit | Filed: Sep 10, 2013 | Docket: 916623

Cited 9 times | Published

such party’s percentage of fault.” Fla. Stat. § 768.81(3). But Florida law would not have governed the

Hibbard Ex Rel. Carr v. McGraw

918 So. 2d 967, 2005 WL 3234411

District Court of Appeal of Florida | Filed: Dec 2, 2005 | Docket: 1361616

Cited 9 times | Published

(Fla.2001). In 1986, the Legislature enacted section 768.81, the comparative fault statute. This represented

Roos v. Morrison

913 So. 2d 59, 2005 WL 2372094

District Court of Appeal of Florida | Filed: Sep 28, 2005 | Docket: 1698243

Cited 9 times | Published

611-12 (Okl. App.1992), or the application of section 768.81, Florida Statutes (2002), to this action. See

Kidron, Inc. v. Carmona

665 So. 2d 289, 1995 Fla. App. LEXIS 12560, 1995 WL 712597

District Court of Appeal of Florida | Filed: Dec 6, 1995 | Docket: 1352008

Cited 9 times | Published

is a cause in fact and a proximate cause. See § 768.81, Fla. Stat. (1993) (liability to be determined

East West Karate Ass'n, Inc. v. Riquelme

638 So. 2d 604, 1994 WL 275687

District Court of Appeal of Florida | Filed: Jun 22, 1994 | Docket: 1652656

Cited 9 times | Published

the district court's opinion and held that section 768.81(3), Florida Statutes (Supp. 1988) is unambiguous

Allied-Signal, Inc. v. Fox

623 So. 2d 1180, 18 Fla. L. Weekly Supp. 455, 1993 Fla. LEXIS 1342, 1993 WL 322924

Supreme Court of Florida | Filed: Aug 26, 1993 | Docket: 1183529

Cited 9 times | Published

a question concerning the interpretation of section 768.81(3), Florida Statutes (1989). Fox v. Allied-Signal

Birge v. Charron

107 So. 3d 350, 37 Fla. L. Weekly Supp. 735, 2012 WL 5869641, 2012 Fla. LEXIS 2415

Supreme Court of Florida | Filed: Nov 21, 2012 | Docket: 60228652

Cited 8 times | Published

suit of other potential defendants.”); see also § 768.81(3)(a), Fla. Stat. (2006) (permitting defendant

Philip Morris USA, Inc. v. Hess

95 So. 3d 254, 2012 WL 1520844, 2012 Fla. App. LEXIS 6882

District Court of Appeal of Florida | Filed: May 2, 2012 | Docket: 60311160

Cited 8 times | Published

application of the comparative fault statute. See § 768.81(3)-(4), Fla. Stat. (1993). We affirm with respect

Grobman v. Posey

863 So. 2d 1230, 2003 WL 23094824

District Court of Appeal of Florida | Filed: Dec 31, 2003 | Docket: 1728615

Cited 8 times | Published

settling defendant prior to trial. Because section 768.81, Florida Statutes (1995), did not apply to

Stellas v. Alamo Rent-A-Car, Inc.

702 So. 2d 232, 22 Fla. L. Weekly Supp. 749, 1997 Fla. LEXIS 2035, 1997 WL 746352

Supreme Court of Florida | Filed: Dec 4, 1997 | Docket: 2535624

Cited 8 times | Published

negligent tortfeasor (Alamo). The court looked to section 768.81, Florida Statutes (1993), which abrogated joint

Seminole Gulf Ry. v. Fassnacht

635 So. 2d 142, 1994 WL 128019

District Court of Appeal of Florida | Filed: Apr 15, 1994 | Docket: 1352981

Cited 8 times | Published

judgment in favor of Mrs. Fassnacht in accord with section 768.81, Florida Statutes (1989). The Fassnachts cross-appeal

Kimberly A. Nice v. L-3 Communications Vertex Aerospace LLC

885 F.3d 1308

Court of Appeals for the Eleventh Circuit | Filed: Mar 22, 2018 | Docket: 6342348

Cited 7 times | Published

fault to the Navy. See Fla. Stat. § 768.81 (3)(a). The district court found

R.J. Reynolds Tobacco Co. v. Grossman

211 So. 3d 221, 2017 Fla. App. LEXIS 50

District Court of Appeal of Florida | Filed: Jan 4, 2017 | Docket: 60262560

Cited 7 times | Published

court’s refusal was based on its finding that section 768.81(4), Florida Statutes, (2013) barred application

R.J. Reynolds Tobacco Co. v. Hiott

129 So. 3d 473, 2014 WL 88031, 2014 Fla. App. LEXIS 100

District Court of Appeal of Florida | Filed: Jan 3, 2014 | Docket: 60237416

Cited 7 times | Published

intentional tort of fraudulent concealment, section 768.81(4), Florida Statutes, barred application of

Connell v. Riggins

944 So. 2d 1174, 2006 WL 3679347

District Court of Appeal of Florida | Filed: Dec 15, 2006 | Docket: 1649496

Cited 7 times | Published

contributory fault, but does not bar recovery. § 768.81(2), Fla. Stat. (2001); see Y.H. Inv., Inc. v.

Arena Parking, Inc. v. Lon Worth Crow Ins. Agency

768 So. 2d 1107, 2000 WL 826864

District Court of Appeal of Florida | Filed: Jun 28, 2000 | Docket: 526758

Cited 7 times | Published

statute applies only to negligence cases. See § 768.81(4), Fla. Stat. (1997). This section states that

In Re Air Crash Near Cali, Colombia on December 20, 1995

985 F. Supp. 1106, 1997 WL 664964

District Court, S.D. Florida | Filed: Oct 10, 1997 | Docket: 1240418

Cited 7 times | Published

Jeppesen, Honeywell and the Colombian ATC's. Section 768.81(3) of the Florida Statutes essentially provides

Grip Development, Inc. v. Coldwell Banker Residential Real Estate, Inc.

788 So. 2d 262, 2000 Fla. App. LEXIS 11908, 2000 WL 1345153

District Court of Appeal of Florida | Filed: Sep 20, 2000 | Docket: 1286433

Cited 6 times | Published

liability does not allow for apportionment under section 768.81. This circumstance typically exists in cases

Gilchrist Timber Co. v. ITT Rayonier, Inc.

127 F.3d 1390, 1997 U.S. App. LEXIS 32299, 1997 WL 680021

Court of Appeals for the Eleventh Circuit | Filed: Nov 18, 1997 | Docket: 421887

Cited 6 times | Published

comparative negligence of the parties under Fla.Stat. § 768.81. The Florida Supreme Court stated that the

Publix Supermarkets, Inc. v. Austin

658 So. 2d 1064, 1995 WL 385375

District Court of Appeal of Florida | Filed: Jun 30, 1995 | Docket: 439441

Cited 6 times | Published

the intoxication of such minor or person. [2] § 768.81, Fla. Stat. (1989). [3] Publix also contended

Bel-Bel International Corp. v. Barnett Bank of South Florida, N.A.

158 B.R. 252, 1993 U.S. Dist. LEXIS 11919, 1993 WL 327825

District Court, S.D. Florida | Filed: Aug 17, 1993 | Docket: 1261306

Cited 6 times | Published

liability applies to the defendants because Fla.Stat. § 768.81, which codifies the doctrine of comparative fault

Seaberg v. Steak N' Shake Operations, Inc.

154 F. Supp. 3d 1294, 2015 U.S. Dist. LEXIS 172973, 2015 WL 9488953

District Court, M.D. Florida | Filed: Dec 30, 2015 | Docket: 64306205

Cited 5 times | Published

1421170 at *2 (M.D.Fla. June 17, 2005); Fla. Stat. § 768.81. See also Latimer v. Roaring Toyz, Inc., 601 F

R.J. Reynolds Tobacco Co. v. Buonomo

138 So. 3d 1049, 2013 WL 6479415, 2013 Fla. App. LEXIS 19638

District Court of Appeal of Florida | Filed: Dec 11, 2013 | Docket: 60240454

Cited 5 times | Published

reduction of the compensatory damages pursuant to section 768.81, Florida Statutes, was not appropriate as the

Estate of Miller Ex Rel. Miller v. Thrifty Rent-A-Car System, Inc.

609 F. Supp. 2d 1235, 2009 U.S. Dist. LEXIS 56446, 2009 WL 975570

District Court, M.D. Florida | Filed: Apr 10, 2009 | Docket: 231129

Cited 5 times | Published

ruling was thereafter codified by statute in section 768.81(3) of the Florida Statutes. Later, in Fabre

Suarez v. Gonzalez

820 So. 2d 342, 2002 WL 460869

District Court of Appeal of Florida | Filed: Mar 27, 2002 | Docket: 1362523

Cited 5 times | Published

could assess comparative fault pursuant to section 768.81, Florida Statutes (2000), and Fabre v. Marin

Owen v. Morrisey

793 So. 2d 1018, 2001 WL 770001

District Court of Appeal of Florida | Filed: Jul 11, 2001 | Docket: 1677982

Cited 5 times | Published

awards non-economic damages to the plaintiffs. See § 768.81(3) Fla. Stat.(1993). There was no issue at trial

Frazier v. Metropolitan Dade County

701 So. 2d 418, 1997 WL 699562

District Court of Appeal of Florida | Filed: Nov 12, 1997 | Docket: 2531669

Cited 5 times | Published

14.7% of the damages, its percentage of fault. § 768.81, Fla. Stat. (1995). We agree with the plaintiff

Metropolitan Dade County v. Frederic

698 So. 2d 291, 22 Fla. L. Weekly 1663, 1997 Fla. App. LEXIS 7767, 1997 WL 374367

District Court of Appeal of Florida | Filed: Jul 9, 1997 | Docket: 434901

Cited 5 times | Published

the limited circumstances set forth by statute. § 768.81(3), (4), (5), Fla. Stat. (1995). See Conley v

Chesterton v. Fisher

655 So. 2d 170, 1995 WL 296288

District Court of Appeal of Florida | Filed: May 17, 1995 | Docket: 1696856

Cited 5 times | Published

1182 (Fla. 1993). Fabre held that pursuant to Section 768.81(3), judgment should be entered against each

Dosdourian v. Carsten

580 So. 2d 869, 1991 WL 86817

District Court of Appeal of Florida | Filed: May 29, 1991 | Docket: 1365126

Cited 5 times | Published

1986, after Morgan, the Legislature adopted section 768.81, Florida Statutes, which provides in pertinent

James Smith, Sr. v. R.J. Reynolds Tobacco Company

880 F.3d 1272

Court of Appeals for the Eleventh Circuit | Filed: Jan 25, 2018 | Docket: 6283166

Cited 4 times | Published

, 1081 (11th Cir. 2002). Florida Statute § 768.81 provides for a reduction of damages in a negligence

Wal-Mart Stores, Inc. v. Strachan

82 So. 3d 1052, 2011 Fla. App. LEXIS 16151, 2011 WL 4809329

District Court of Appeal of Florida | Filed: Oct 12, 2011 | Docket: 60306043

Cited 4 times | Published

tire manufacturer that the 2006 amendments to section 768.81, Florida Statutes, which abolished joint and

Witt v. La Gorce Country Club, Inc.

35 So. 3d 1033, 2010 Fla. App. LEXIS 8160, 2010 WL 2292104

District Court of Appeal of Florida | Filed: Jun 9, 2010 | Docket: 1144910

Cited 4 times | Published

conduct a Fabre allocation of fault as to ITT. Section 768.81, Florida Statutes (2005), provides in pertinent

DAB Constructors, Inc. v. Oliver

914 So. 2d 462, 2005 WL 2673783

District Court of Appeal of Florida | Filed: Oct 21, 2005 | Docket: 1781900

Cited 4 times | Published

percentages as contemplated in Willis Shaw, section 768.81 or rule 1.442 because both defendants are completely

Nationsbank, Na v. Kpmg Peat Marwick LLP

813 So. 2d 964, 2002 Fla. App. LEXIS 1782, 2002 WL 237760

District Court of Appeal of Florida | Filed: Feb 20, 2002 | Docket: 1402932

Cited 4 times | Published

DCA 1996). Slawson involved the meaning of section 768.81, a statute that adopted the doctrine of "comparative

Phillips v. Guarneri

785 So. 2d 705, 2001 WL 543200

District Court of Appeal of Florida | Filed: May 23, 2001 | Docket: 277273

Cited 4 times | Published

against them for noneconomic damages, pursuant to section 768.81(3), Florida Statutes (1995). [2] At the time

Standard Jury Inst.-Civil Cases (No. 99-2)

777 So. 2d 378, 25 Fla. L. Weekly Supp. 625, 2000 Fla. LEXIS 1683, 2000 WL 1158354

Supreme Court of Florida | Filed: Aug 17, 2000 | Docket: 462284

Cited 4 times | Published

doctrine of comparative negligence, as codified in § 768.81, Fla. Stat., applied to an action for negligent

Clark v. Polk County

753 So. 2d 138, 2000 WL 139757

District Court of Appeal of Florida | Filed: Feb 9, 2000 | Docket: 1433927

Cited 4 times | Published

be included on the verdict form pursuant to section 768.81, Florida Statutes (1995), and Fabre v. Marin

Snoozy v. US Gypsum Co.

695 So. 2d 767, 1997 WL 194006

District Court of Appeal of Florida | Filed: Apr 23, 1997 | Docket: 1522028

Cited 4 times | Published

1993). The Fabre court held that pursuant to section 768.81(3), Florida Statutes, judgment should be entered

Cody v. Kernaghan

682 So. 2d 1147, 21 Fla. L. Weekly Fed. D 2228

District Court of Appeal of Florida | Filed: Oct 16, 1996 | Docket: 1276399

Cited 4 times | Published

codified the doctrine of comparative negligence. Section 768.81, Florida Statutes (1993), provides in relevant

Garlock, Inc. v. Harriman

665 So. 2d 1116, 1996 WL 1724

District Court of Appeal of Florida | Filed: Jan 3, 1996 | Docket: 1351998

Cited 4 times | Published

Florida Supreme Court held that pursuant to Section 768.81(3), judgment should be entered against each

Schindler Elevator Corp. v. Viera

644 So. 2d 563, 1994 WL 552868

District Court of Appeal of Florida | Filed: Oct 12, 1994 | Docket: 1672366

Cited 4 times | Published

The Florida supreme court in Fabre held that section 768.81(3), Florida Statutes (1989), requires that

Bach v. FLORIDA R/S, INC.

838 F. Supp. 559, 1993 WL 502788

District Court, M.D. Florida | Filed: Oct 7, 1993 | Docket: 2108394

Cited 4 times | Published

between and among joint tortfeasors pursuant to Section 768.81, Florida Statutes. In addition to referring

Kevin Fox v. Allied-Signal, Inc., F/k/a Garrett Alresearch Manufacturing Co. Of California

966 F.2d 626, 1992 U.S. App. LEXIS 15961, 1992 WL 145531

Court of Appeals for the Eleventh Circuit | Filed: Jul 16, 1992 | Docket: 837451

Cited 4 times | Published

liability of the parties pursuant to Fla.Stat. § 768.81(3). 1 We have determined that this

prod.liab.rep.(cch)p 12,820 Timothy Williams and Lori Williams v. Arai Hirotake, Ltd. And Arai Helmet (u.s.a.), Ltd.

931 F.2d 755, 1991 U.S. App. LEXIS 9791, 1991 WL 66358

Court of Appeals for the Eleventh Circuit | Filed: May 16, 1991 | Docket: 1002532

Cited 4 times | Published

the comparative fault provisions of Fla.Stat. § 768.81 (1986), regarding apportionment of damages among

KANE EX REL. KANE v. Portwood

573 So. 2d 980

District Court of Appeal of Florida | Filed: Jan 25, 1991 | Docket: 1518749

Cited 4 times | Published

some of the harsher effects of that doctrine. § 768.81, Fla. Stat. (1989).

Philip Morris USA, Inc. v. Ledoux

230 So. 3d 530

District Court of Appeal of Florida | Filed: Oct 18, 2017 | Docket: 6171786

Cited 3 times | Published

For this proposition, Plaintiff relies upon section 768.81, Florida Statutes (2016), entitled "Comparative

Ruby Saunders, etc. v. Willis Dickens, M.D.

151 So. 3d 434, 39 Fla. L. Weekly Supp. 494, 2014 WL 3361813, 2014 Fla. LEXIS 2153

Supreme Court of Florida | Filed: Jul 10, 2014 | Docket: 400979

Cited 3 times | Published

v. Marin, 623 So.2d 1182 (Fla.1993); see also § 768.81(3), Fla. Stat. (2013). In Fabre, this,Court held

R.J. Reynolds Tobacco Co. v. Sury

118 So. 3d 849, 2013 WL 3155852, 2013 Fla. App. LEXIS 9926

District Court of Appeal of Florida | Filed: Jun 24, 2013 | Docket: 60233447

Cited 3 times | Published

essentially a products liability claim and that section 768.81, Florida Statutes, required reduction of the

Kelecseny v. Chevron, U.S.A., Inc.

262 F.R.D. 660, 2009 U.S. Dist. LEXIS 115863, 2009 WL 4262603

District Court, S.D. Florida | Filed: Nov 25, 2009 | Docket: 66039952

Cited 3 times | Published

principles shall apply in negligence cases”) (citing Section 768.81, Florida Statutes). As one court has noted

In Re West Caribbean Crew Members

632 F. Supp. 2d 1193, 2009 U.S. Dist. LEXIS 97556, 2009 WL 1974238

District Court, S.D. Florida | Filed: May 14, 2009 | Docket: 2215385

Cited 3 times | Published

623 So.2d 1182, 1185 (Fla.1993); See Fla. Stat. § 768.81. Due to the availability of this affirmative defense

Healthcare Staffing Solutions, Inc. v. Wilkinson Ex Rel. Wilkinson

5 So. 3d 726, 2009 Fla. App. LEXIS 1296, 2009 WL 400369

District Court of Appeal of Florida | Filed: Feb 19, 2009 | Docket: 1663371

Cited 3 times | Published

fault statute, which is codified at section 768.81. Compare § 768.81(3), Fla. Stat. (1997) (providing that

Jackson v. York Hannover Nursing Centers

876 So. 2d 8, 2004 Fla. App. LEXIS 6427, 2004 WL 1057650

District Court of Appeal of Florida | Filed: May 7, 2004 | Docket: 1245572

Cited 3 times | Published

be a joint tortfeasor with the Nursing Home. Section 768.81, Florida Statutes (1999), deals with apportionment

McElroy v. Whittington

867 So. 2d 1241, 2004 WL 515524

District Court of Appeal of Florida | Filed: Mar 17, 2004 | Docket: 1722637

Cited 3 times | Published

retailer's liability is not based on fault, section 768.81(3), Florida Statutes (1999), does not allow

Garcia v. Arraga

872 So. 2d 266, 2004 WL 384187

District Court of Appeal of Florida | Filed: Feb 11, 2004 | Docket: 1706686

Cited 3 times | Published

Id. [7] See ch. 71-252, Laws of Fla. [8] See § 768.81 Fla. Stat.(2002).

Meyer v. Thompson

861 So. 2d 1256, 2003 WL 22956400

District Court of Appeal of Florida | Filed: Dec 17, 2003 | Docket: 226065

Cited 3 times | Published

concealment into a negligent misrepresentation claim. Section 768.81(4)(a), Florida Statutes (2002) defines comparative

Rink v. Cheminova, Inc.

203 F.R.D. 648, 2001 WL 1446838

District Court, M.D. Florida | Filed: Oct 31, 2001 | Docket: 66015194

Cited 3 times | Published

Florida’s law of comparative fault as codified in section 768.81, Florida Statutes, which by its clear terms

Schnepel v. Gouty

766 So. 2d 418, 2000 WL 1205447

District Court of Appeal of Florida | Filed: Aug 25, 2000 | Docket: 1330106

Cited 3 times | Published

accident," id., as determined by the jury. See § 768.81(3), Fla. Stat. (1997). As to non-economic damages

Beverly Enterprises-Florida, Inc. v. McVey

739 So. 2d 646, 1999 WL 586987

District Court of Appeal of Florida | Filed: Jul 21, 1999 | Docket: 1293841

Cited 3 times | Published

supreme court concluded: We are convinced that section 768.81 was enacted to replace joint and several liability

Jones v. Budget Rent-A-Car Systems, Inc.

723 So. 2d 401, 1999 Fla. App. LEXIS 191, 1999 WL 9821

District Court of Appeal of Florida | Filed: Jan 13, 1999 | Docket: 1319664

Cited 3 times | Published

Supreme Court explained in Merrill Crossings, section 768.81, Florida Statutes, does not permit allocation

Olson v. N. Cole Const., Inc.

681 So. 2d 799, 1996 WL 562400

District Court of Appeal of Florida | Filed: Oct 4, 1996 | Docket: 1722237

Cited 3 times | Published

adoption of the comparative fault *800 statute, section 768.81(3), Florida Statutes (Supp.1988), economic

WELLS FARGO GUARD SERV. INC. v. Nash

654 So. 2d 155, 1995 WL 141166

District Court of Appeal of Florida | Filed: Apr 4, 1995 | Docket: 1303646

Cited 3 times | Published

that, with respect to non-economic damages, section 768.81(3), Florida Statutes (Supp. 1988),[1] requires

Foreman v. Russo

624 So. 2d 333, 1993 WL 337043

District Court of Appeal of Florida | Filed: Sep 8, 1993 | Docket: 1517853

Cited 3 times | Published

that the trial court erred in not applying section 768.81, Florida Statutes (1987), which eliminates

Southern Trenching, Inc. v. Diago

600 So. 2d 1166, 1992 Fla. App. LEXIS 5349, 1992 WL 104650

District Court of Appeal of Florida | Filed: May 19, 1992 | Docket: 539195

Cited 3 times | Published

to consider the appellant's point concerning section 768.81(3), Florida Statutes (1991). By the time of

Gurney v. Cain

588 So. 2d 244, 1991 WL 174667

District Court of Appeal of Florida | Filed: Nov 20, 1991 | Docket: 1708453

Cited 3 times | Published

application of the comparative fault statute, section 768.81, Florida Statutes (1987), the imputation to

Bradfield v. Mid-Continent Casualty Co.

143 F. Supp. 3d 1215, 2015 U.S. Dist. LEXIS 152297, 2015 WL 6956543

District Court, M.D. Florida | Filed: Nov 10, 2015 | Docket: 64305238

Cited 2 times | Published

negligence actions in Florida. See Fla. Stat. § 768.81(3). That argument relates to the merits or validity

Denton v. R.J. Reynolds Tobacco Co.

985 F. Supp. 2d 1331, 2013 WL 6152364, 2013 U.S. Dist. LEXIS 166383

District Court, M.D. Florida | Filed: Nov 22, 2013 | Docket: 65995949

Cited 2 times | Published

in strict product liability cases. Fla. Stat. § 768.81(1)(c); see West v. Caterpillar Tractor Co., 336

Denton v. R.J. Reynolds Tobacco Co.

985 F. Supp. 2d 1331, 2013 WL 6152364, 2013 U.S. Dist. LEXIS 166383

District Court, M.D. Florida | Filed: Nov 22, 2013 | Docket: 65995949

Cited 2 times | Published

in strict product liability cases. Fla. Stat. § 768.81(1)(c); see West v. Caterpillar Tractor Co., 336

R.J. Reynolds Tobacco Co. v. Grossman

96 So. 3d 917, 2012 Fla. App. LEXIS 10480, 2012 WL 2400887

District Court of Appeal of Florida | Filed: Jun 27, 2012 | Docket: 60311592

Cited 2 times | Published

the nonparty in causing the plaintiffs injuries. § 768.81(3)(b), Fla. Stat. (2006). R.J. Reynolds was required

Hennis v. City Tropics Bistro, Inc.

1 So. 3d 1152, 2009 Fla. App. LEXIS 1836, 2009 WL 151105

District Court of Appeal of Florida | Filed: Jan 23, 2009 | Docket: 2514526

Cited 2 times | Published

also to himself and to Betten. We disagree. Section 768.81 of the Florida Statutes (2007), sets forth

Petit-Dos v. School Board of Broward County

2 So. 3d 1022, 2009 Fla. App. LEXIS 53, 2009 WL 30046

District Court of Appeal of Florida | Filed: Jan 7, 2009 | Docket: 60256687

Cited 2 times | Published

1st DCA 2008). The comparative fault statute, section 768.81, Florida Statutes, provides for apportionment

AMH APPRAISAL v. Argov Gavish Partnership

919 So. 2d 580

District Court of Appeal of Florida | Filed: Jan 11, 2006 | Docket: 1269261

Cited 2 times | Published

such as this agent, on the verdict form under section 768.81(3), Florida Statutes (2002), and Fabre v. Marin

National Railroad Passenger Corp. v. Rountree Transport & Rigging, Inc.

422 F.3d 1275, 2005 U.S. App. LEXIS 18984, 2005 WL 2099668

Court of Appeals for the Eleventh Circuit | Filed: Sep 1, 2005 | Docket: 204591

Cited 2 times | Published

under the comparative fault statute because “§ 768.81 applies solely to parties who are directly negligent

McFarland & Son, Inc. v. Basel

877 So. 2d 964, 2004 WL 1697562

District Court of Appeal of Florida | Filed: Jul 30, 2004 | Docket: 1684497

Cited 2 times | Published

the trial court applied the wrong version of section 768.81, Florida Statutes, which addresses joint and

Hibbard v. McGraw

862 So. 2d 816, 2003 WL 22867622

District Court of Appeal of Florida | Filed: Dec 5, 2003 | Docket: 1763023

Cited 2 times | Published

(Fla.2001). In 1986, the Legislature enacted section 768.81, the comparative fault statute. This represented

Lagueux v. Union Carbide Corp.

861 So. 2d 87, 2003 Fla. App. LEXIS 18087, 2003 WL 22800538

District Court of Appeal of Florida | Filed: Nov 26, 2003 | Docket: 1514122

Cited 2 times | Published

form. Addressing apportionment of liability, section 768.81 provides that "the court shall enter judgment

Standard Jury Inst-Civ. Cases (01-1 & 01-2)

825 So. 2d 277, 27 Fla. L. Weekly Supp. 555, 2002 Fla. LEXIS 1158, 2002 WL 1232963

Supreme Court of Florida | Filed: Jun 6, 2002 | Docket: 1691096

Cited 2 times | Published

explaining to the jury the impact and effect of a section 768.81 apportionment of liability in such cases. See

Clipper v. Bay Oaks Condominium Ass'n, Inc.

810 So. 2d 541, 2002 WL 459219

District Court of Appeal of Florida | Filed: Feb 8, 2002 | Docket: 1654688

Cited 2 times | Published

liability does not allow for apportionment under section 768.81, Florida Statutes." Danner Constr. Co. v. Reynolds

Hyundai Motor Co. v. Ferayorni

795 So. 2d 126, 2001 WL 913884

District Court of Appeal of Florida | Filed: Aug 15, 2001 | Docket: 1673159

Cited 2 times | Published

Florida's comparative negligence statute, section 768.81,[5] applies in strict liability cases. *131

Samples v. Conoco, Inc.

165 F. Supp. 2d 1303, 2001 U.S. Dist. LEXIS 12872, 2001 WL 957763

District Court, N.D. Florida | Filed: Aug 7, 2001 | Docket: 2385496

Cited 2 times | Published

their liability to the jury. See FLA.STAT.ANN. § 768.81 (West Supp.2001); Fabre v. Marin, 623 So.2d 1182

Anderson v. Ewing

768 So. 2d 1161, 2000 Fla. App. LEXIS 11716, 2000 WL 1283810

District Court of Appeal of Florida | Filed: Sep 13, 2000 | Docket: 64800867

Cited 2 times | Published

several tort-feasors to which the principles of section 768.81(3), Florida Statutes (1999) and Fabre v. Marin

Penske Truck Leasing Co., LP v. Moore

702 So. 2d 1295

District Court of Appeal of Florida | Filed: Nov 5, 1997 | Docket: 460262

Cited 2 times | Published

judgment pursuant to section 768.81(3) Florida Statutes (1995). Section 768.81(3), provides, in pertinent

DELEUW, CATHER & COMPANY v. Grogis

655 So. 2d 240, 1995 WL 334385

District Court of Appeal of Florida | Filed: Jun 7, 1995 | Docket: 1327094

Cited 2 times | Published

fault, because that would be consistent with section 768.81, Florida Statutes (1993), which partially abrogated

McFall v. Inverrary Country Club, Inc.

622 So. 2d 41, 1993 WL 247153

District Court of Appeal of Florida | Filed: Jul 7, 1993 | Docket: 546661

Cited 2 times | Published

court in excluding this testimony. NOTES [1] See § 768.81(3), Fla. Stat. (1991). The jury ascribed no negligence

Williams v. Arai Hirotake, Ltd.

731 F. Supp. 1557, 1990 U.S. Dist. LEXIS 2591, 1990 WL 26140

District Court, S.D. Florida | Filed: Feb 16, 1990 | Docket: 1743756

Cited 2 times | Published

wearing when his accident occurred. See Fla.Stat. § 768.81.[4] Nonetheless, the court notes that none of

PHILIP MORRIS USA INC. and R.J. REYNOLDS TOBACCO COMPANY v. STANLEY MARTIN, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF CAROLE MARTIN

262 So. 3d 769

District Court of Appeal of Florida | Filed: Dec 12, 2018 | Docket: 8395134

Cited 1 times | Published

Schoeff, 178 So. 3d at 495–96 (interpreting section 768.81 to require apportionment of comparative fault

Pauline Burkhart v. R.J.Reynolds Tobacco Company

884 F.3d 1068

Court of Appeals for the Eleventh Circuit | Filed: Mar 7, 2018 | Docket: 6326504

Cited 1 times | Published

comparative negligence. The statute, Fla. Stat. § 768.81 , mandates comparative-fault reduction in

Holmes Regional Medical Center, Inc. v. Allstate Insurance Company

225 So. 3d 780, 42 Fla. L. Weekly Supp. 738, 2017 WL 2981863, 2017 Fla. LEXIS 1500

Supreme Court of Florida | Filed: Jul 13, 2017 | Docket: 6089477

Cited 1 times | Published

*796Legislature did not change this rule when it adopted section 768.81, Florida Statutes. See Assoc. for Retarded

Okeechobee Aerie 4137, Fraternal Order of Eagles, Inc. v. Wilde

199 So. 3d 333, 2016 Fla. App. LEXIS 11736, 2016 WL 4132105

District Court of Appeal of Florida | Filed: Aug 3, 2016 | Docket: 60256584

Cited 1 times | Published

from that opinion. In Grobman, we held that “section 768.81 [the statute interpreted in Fabre ] does not

Okeechobee Aerie 4137, Fraternal Order of Eagles, Inc. v. Wilde

199 So. 3d 333, 2016 Fla. App. LEXIS 11736, 2016 WL 4132105

District Court of Appeal of Florida | Filed: Aug 3, 2016 | Docket: 60256584

Cited 1 times | Published

from that opinion. In Grobman, we held that “section 768.81 [the statute interpreted in Fabre ] does not

Gilbert v. State Farm Mutual Automobile Insurance Co.

311 F.R.D. 685, 93 Fed. R. Serv. 3d 161, 2015 U.S. Dist. LEXIS 153298

District Court, M.D. Florida | Filed: Nov 5, 2015 | Docket: 66056881

Cited 1 times | Published

Florida’s comparative fault approach. See Fla. Stat. § 768.81(3). The result being that the jury will have determined

In Re STANDARD JURY INSTRUCTIONS IN CIVIL CASES—REPORT NO. 13-01 (PRODUCTS LIABILITY)

160 So. 3d 869, 2015 WL 1400770

Supreme Court of Florida | Filed: Mar 26, 2015 | Docket: 2644854

Cited 1 times | Published

403.16 In 2011, the legislature amended F.S. 768.81 to state that in a products liability case in

In re Standard Jury Instructions in Civil Case—Report No. 12-01

130 So. 3d 596, 2013 WL 2349287

Supreme Court of Florida | Filed: May 30, 2013 | Docket: 60237846

Cited 1 times | Published

claim is made). NOTE ON USE FOR 401.22Í See F.S. 768.81 (1993); Fabre v. Marin, 623 So.2d 1182 (Fla.1993)

Claudio v. Regalado

116 So. 3d 451, 2013 WL 765007, 2013 Fla. App. LEXIS 3321

District Court of Appeal of Florida | Filed: Mar 1, 2013 | Docket: 60232354

Cited 1 times | Published

counterclaim. C. The Statutory Requirement of Section 768.81 That Reduces Mr. Claudio’s Liability We note

WORTHINGTON COMMUNITIES, INC. v. Mejia

28 So. 3d 79, 2009 Fla. App. LEXIS 19608, 2009 WL 4825111

District Court of Appeal of Florida | Filed: Dec 16, 2009 | Docket: 1167594

Cited 1 times | Published

of the joint and several liability statute, section 768.81, Florida Statutes (1999), Worthington was liable

Erickson v. Irving

16 So. 3d 868, 2009 Fla. App. LEXIS 7613, 2009 WL 1675501

District Court of Appeal of Florida | Filed: Jun 17, 2009 | Docket: 1641301

Cited 1 times | Published

severally liable for the damages, pursuant to section 768.81(3)(c), Florida Statutes (1999). The trial court

T & S Enterprises Handicap Accessibility, Inc. v. Wink Industrial Maintenance & Repair, Inc.

11 So. 3d 411, 2009 Fla. App. LEXIS 4630, 2009 WL 1311606

District Court of Appeal of Florida | Filed: May 13, 2009 | Docket: 1656603

Cited 1 times | Published

action for contribution as a matter of law. Section 768.81, the Uniform Contribution Among Tortfeasors

Vantran Industries, Inc. v. Ryder Truck Rental, Inc.

890 So. 2d 421, 2004 Fla. App. LEXIS 19999, 2004 WL 2996788

District Court of Appeal of Florida | Filed: Dec 29, 2004 | Docket: 64835279

Cited 1 times | Published

2d 560 (Fla.1997), for the proposition that section 768.81, Florida Statutes, the comparative fault statute

Cousins Club Corp. v. Silva

869 So. 2d 719, 2004 WL 735366

District Court of Appeal of Florida | Filed: Apr 7, 2004 | Docket: 1653889

Cited 1 times | Published

reviewed the apportionment of damages statutes, section 768.81(3), Florida Statutes (Supp.1988), and Florida's

In Re Air Crash Near Cali, Colombia on December 20

24 F. Supp. 2d 1340

District Court, S.D. Florida | Filed: Feb 25, 1998 | Docket: 2351444

Cited 1 times | Published

based upon an intentional tort." Fla.Stat. Ann. § 768.81(4)(a)-(b) (West 1997) Thus, the Florida legislature's

Wyke v. Polk County School Board

129 F.3d 560, 1997 WL 718680

Court of Appeals for the Eleventh Circuit | Filed: Nov 19, 1997 | Docket: 64043780

Cited 1 times | Published

Florida’s comparative fault statute, Fla. Stat. Ann. § 768.81 (West 1997 Supp.), requires fault to be “apportioned

Hasburgh v. WJA Realty

697 So. 2d 219, 1997 Fla. App. LEXIS 8405, 1997 WL 408745

District Court of Appeal of Florida | Filed: Jul 23, 1997 | Docket: 64775130

Cited 1 times | Published

instructions and verdict form. We recognize that section 768.81, Florida Statutes, governing apportionment

ABB Power T & D Co. v. Gothaer Versicherungsbank VVAG

939 F. Supp. 1568, 31 U.C.C. Rep. Serv. 2d (West) 96, 1997 A.M.C. 488, 1996 U.S. Dist. LEXIS 14193, 1996 WL 550054

District Court, S.D. Florida | Filed: Sep 10, 1996 | Docket: 66007407

Cited 1 times | Published

verdict form, in accordance with Florida Statute § 768.81. The current controversy, Case no. 91-1432, involves

Dewitt Excavating, Inc. v. Walters

642 So. 2d 833, 1994 WL 515722

District Court of Appeal of Florida | Filed: Sep 23, 1994 | Docket: 549688

Cited 1 times | Published

the plain language of section 768.81, Florida Statutes (1991). Section 768.81(5) provides: Notwithstanding

TALLAHASSEE MEMORIAL MED. CTR. v. Wells

634 So. 2d 655

District Court of Appeal of Florida | Filed: Mar 14, 1994 | Docket: 474337

Cited 1 times | Published

of these statutes created by the adoption of section 768.81(3), which provides for the apportionment of

Kevin Fox v. Allied-Signal, Inc., F/k/a Garrett Alresearch Manufacturing Co. Of California

7 F.3d 212, 1993 U.S. App. LEXIS 29699, 1993 WL 441298

Court of Appeals for the Eleventh Circuit | Filed: Nov 17, 1993 | Docket: 2018466

Cited 1 times | Published

Court: Whether the interpretation of Fla.Stat. § 768.81(3) requires consideration by the jury of a non-party’s

Groff v. Chandris, Inc.

835 F. Supp. 1408, 1993 U.S. Dist. LEXIS 18758, 1993 WL 462806

District Court, S.D. Florida | Filed: Nov 8, 1993 | Docket: 1812625

Cited 1 times | Published

1182 (Fla. 1993) and interpreted Florida Statutes § 768.81(3) which reads: (3) APPORTIONMENT OF DAMAGES.

Olvin Mejia Palacios v. Agency for Health Care Administration

District Court of Appeal of Florida | Filed: Aug 20, 2025 | Docket: 71154544

Published

attributable to the [plaintiff’s] contributory fault.” § 768.81(2), Fla. Stat. (emphases supplied); cf. Hoffman

R.J. Reynolds Tobacco Company v. Jennifer Rey

District Court of Appeal of Florida | Filed: Jul 30, 2025 | Docket: 70962808

Published

Sess. (Fla. 2023) (adding subsection (6) to section 768.81, Florida Statutes (2023), to establish modified

Latrice Pla v. Ashley Rierson

District Court of Appeal of Florida | Filed: Mar 19, 2025 | Docket: 69760062

Published

contributory fault, but does not bar recovery.” § 768.81(2), Fla. Stat. “Causation is an essential element

Stricklin v. Allen

District Court of Appeal of Florida | Filed: Feb 5, 2025 | Docket: 69612566

Published

statute does not apply to intentional torts. § 768.81(4), Fla. Stat. But the alcohol defense statute

Pablo Guzman, M.D. and Holy Cross Hospital, Inc. v. Maria Joanna Lazzari, the Plenary Guardian of the Person and Property of Morela Lazzari

District Court of Appeal of Florida | Filed: Jul 3, 2024 | Docket: 68913308

Published

nonparty” for the “purpose[] of apportioning damages.” § 768.81(3)(a)2., Fla. Stat. (2022).

Latrice Pla v. Ashley Rierson

District Court of Appeal of Florida | Filed: May 15, 2024 | Docket: 68465996

Published

contributory fault, but does not bar recovery.” § 768.81(2), Fla. Stat. “Causation is an essential element

Guardianship of Jacquelyn Anne Faircloth v. Main Street Entertainment, Inc., etc.

Supreme Court of Florida | Filed: Mar 7, 2024 | Docket: 68317971

Published

Whether the comparative fault statute, section 768.81, Florida Statutes, applies to tort actions

Donna Brown v. Philip Morris USA, Inc.

Court of Appeals for the Eleventh Circuit | Filed: Jun 30, 2022 | Docket: 63562680

Published

comparative fault attributable to Brown. See Fla. Stat. § 768.81(4) (“This section does not apply to any action

J.L. PROPERTY OWNERS ASSOCIATION, INC. v. TIMOTHY F. SCHNURR, as of the Estate of James V. Schnurr, and CHRISTINE SCHNURR

District Court of Appeal of Florida | Filed: Jan 5, 2022 | Docket: 61689406

Published

DCA 2016). The comparative fault statute, section 768.81, Florida Statutes, provides that “[i]n a negligence

DAVID PARSONS AND MARLA PARSONS v. PATRICIA CULP

District Court of Appeal of Florida | Filed: Sep 17, 2021 | Docket: 60392387

Published

governs allocation of fault to nonparties, section 768.81(3)(a), Florida Statutes (2016), includes the

Peoples Gas System, etc. v. Posen Construction, Inc., etc.

Supreme Court of Florida | Filed: Jun 10, 2021 | Docket: 59974786

Published

fault statute applies to “negligence action[s].” § 768.81(2), Fla. Stat. (2019). And that statute defines

Peoples Gas System, etc. v. Posen Construction, Inc., etc.

Supreme Court of Florida | Filed: Jun 10, 2021 | Docket: 59974786

Published

fault statute applies to “negligence action[s].” § 768.81(2), Fla. Stat. (2019). And that statute defines

AMERICAN PRIME TITLE SERVICES, LLC v. ZHI WANG

District Court of Appeal of Florida | Filed: Feb 3, 2021 | Docket: 59056698

Published

Legislature did no such thing. While section 768.81(3) of the Florida Statutes abolishes the doctrine

Bernard Cote v. Philip Morris USA, Inc.

Court of Appeals for the Eleventh Circuit | Filed: Jan 19, 2021 | Docket: 29949589

Published

result from an intentional tort. See Fla. Stat. § 768.81(4).

Mary Sowers v. R.J. Reynolds Tobacco Company

Court of Appeals for the Eleventh Circuit | Filed: Sep 15, 2020 | Docket: 18439264

Published

contributed to his own injuries. See Fla. Stat. § 768.81(2) (stating that in a civil action for damages

BROWARD COUNTY, FLORIDA v. CH2M HILL, INC. and TRIPLE R PAVING, INC.

District Court of Appeal of Florida | Filed: Jul 22, 2020 | Docket: 17370655

Published

defenses that fault should be apportioned under section 768.81, Florida Statutes, to Triple R and to various

In Re: Standard Jury Instructions in Civil Cases - Report No. 19-03

Supreme Court of Florida | Filed: Feb 27, 2020 | Docket: 16897140

Published

NOTE ON USE FOR 403.18e See F.S. 768.81; Fabre v. Marin, 623 So. 2d 1182 (Fla. 1993)

In Re: Standard Jury Instructions in Civil Cases - Report No. 19-03

Supreme Court of Florida | Filed: Feb 27, 2020 | Docket: 16897140

Published

NOTE ON USE FOR 403.18e See F.S. 768.81; Fabre v. Marin, 623 So. 2d 1182 (Fla. 1993)

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

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

Published

explaining to the jury the impact and effect of an F.S. 768.81 apportionment of liability in such cases. See

Specialty Hospital-Gainesville, Inc. v. Charles Barth

District Court of Appeal of Florida | Filed: Jul 15, 2019 | Docket: 15916397

Published

as a non- party under Fabre v. Martin 1, and section 768.81(3), Florida Statutes. The jury found that Heartland’s

Harris v. R.J. Reynolds Tobacco Co.

383 F. Supp. 3d 1315

District Court, M.D. Florida | Filed: Apr 15, 2019 | Docket: 64324705

Published

of Mr. Harris's comparative fault pursuant to § 768.81(3), Fla. Stat. Plaintiff agrees that the judgment

PHILIP MORRIS USA INC. and R.J. REYNOLDS TOBACCO COMPANY v. STANLEY MARTIN, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF CAROLE MARTIN

District Court of Appeal of Florida | Filed: Dec 12, 2018 | Docket: 8421921

Published

Schoeff, 178 So. 3d at 495–96 (interpreting section 768.81 to require apportionment of comparative fault

BROWN & BROWN, INC. v. JAMES T. GELSOMINO and ACE AMERICAN INSURANCE COMPANY

262 So. 3d 755

District Court of Appeal of Florida | Filed: Nov 28, 2018 | Docket: 8338767

Published

Therefore, the question remains: which version of section 768.81, applies—the statute passed and effective in

Regal Entertainment Group v. Navas

252 So. 3d 380

District Court of Appeal of Florida | Filed: Aug 1, 2018 | Docket: 7567933

Published

to reduce the defendant’s potential liability. § 768.81(3), Fla. Stat. (2011). Florida law holds each

Philip Morris USA Inc. v. Mary Brown, as Personal Representative etc.

243 So. 3d 521

District Court of Appeal of Florida | Filed: Apr 18, 2018 | Docket: 6366185

Published

comparative-fault percentages was not critical, see § 768.81(4), Fla. Stat. (2013); see also Schoeff v. R.J

Kimberly A. Nice v. L-3 Communications Vertex Aerospace LLC

Court of Appeals for the Eleventh Circuit | Filed: Mar 22, 2018 | Docket: 6342349

Published

or all of the fault to the Navy. See Fla. Stat. § 768.81(3)(a). 2 The district court found

In Re: Standard Jury Instructions in Civil Cases-Report No. 17-03.

236 So. 3d 919

Supreme Court of Florida | Filed: Feb 1, 2018 | Docket: 6289807

Published

explaining to the jury the impact and effect of an F.S. 768.81 apportionment of liability in such cases. See

Joan Schoeff, etc. v. R.J. Reynolds Tobacco Company

Supreme Court of Florida | Filed: Dec 14, 2017 | Docket: 6241642

Published

percentage of fault of other culpable parties. § 768.81, Fla. Stat. (2011). The statute provides, “In

PHILIP MORRIS USA INC. and R.J. REYNOLDS TOBACCO COMPANY v. GERTRUDE MARCHESE

District Court of Appeal of Florida | Filed: Nov 22, 2017 | Docket: 6229169

Published

considering the apportionment of damages under section 768.81(4), Florida Statutes (2011). See id. at 495

R. J. Reynolds Tobacco Company v. Andy R. Allen Sr., as Personal Rep. etc.

228 So. 3d 684, 2017 WL 4654900

District Court of Appeal of Florida | Filed: Oct 18, 2017 | Docket: 6182889

Published

that apportionment of fault is not required by section 768.81, Florida Statutes, where a jury finds—as it

Holmes Regional Medical Center, Inc. v. Allstate Insurance Company – Corrected Opinion

Supreme Court of Florida | Filed: Sep 7, 2017 | Docket: 6148798

Published

Ch. 2011-215 § 1, Laws of Florida (codified at § 768.81(3)(b), Fla. Stat. (2011)). Second, the

Philip Morris USA, Inc. v. Boatright

217 So. 3d 166, 2017 WL 1356285, 2017 Fla. App. LEXIS 5027

District Court of Appeal of Florida | Filed: Apr 12, 2017 | Docket: 4684134

Published

issue is whether the comparative fault statute, section 768.81, Florida Statutes (Supp. 1992), 2

Thermoset Corporation v. Building Materials Corp of America

Court of Appeals for the Eleventh Circuit | Filed: Mar 2, 2017 | Docket: 4613412

Published

proportional to its percentage of fault. See Fla. Stat. § 768.81(3). Thus, if RSGO were not at the trial, GAF could

Port Charlotte HMA, LLC v. Suarez

210 So. 3d 187, 2016 Fla. App. LEXIS 15869

District Court of Appeal of Florida | Filed: Oct 26, 2016 | Docket: 4482734

Published

motion for setoff, the trial court relied on section 768.81(3), Florida Statutes (2010), and D’Angelo

R.J. Reynolds Tobacco Company, Philip Morris USA, Inc., Lorillard Tobacco Company and Liggett Group, LLC v. Marvine Calloway, as Personal Representative of the Estate of Johnnie Calloway

District Court of Appeal of Florida | Filed: Jan 6, 2016 | Docket: 3026027

Published

fault,” however, it does not prevent recovery. § 768.81(2), (4), Fla. Stat. The term “negligence cases”

R.J. Reynolds Tobacco Company v. Joan Schoeff, as Personal Representative of the Estate of James Edward Schoeff

178 So. 3d 487, 2015 Fla. App. LEXIS 16577, 2015 WL 6735297

District Court of Appeal of Florida | Filed: Nov 4, 2015 | Docket: 3009688

Published

intentional tort of fraudulent concealment, section 768.81(4), Florida Statutes, barred application of

Martinez v. Miami-Dade County

975 F. Supp. 2d 1293, 2013 WL 5434159, 2013 U.S. Dist. LEXIS 142776

District Court, S.D. Florida | Filed: Sep 30, 2013 | Docket: 65994622

Published

obsolete as a result of Florida Statute, section 768.81. Section 768.81(3) states that “In a negligence action

R.J. Reynolds Tobacco Co. v. Buonomo

128 So. 3d 102, 2013 Fla. App. LEXIS 15117, 2013 WL 5334590

District Court of Appeal of Florida | Filed: Sep 25, 2013 | Docket: 60236940

Published

reduction of the compensatory damages pursuant to section 768.81, Florida Statutes, was not appropriate as the

Tampa Bay Water v. HDR Engineering, Inc.

Court of Appeals for the Eleventh Circuit | Filed: Sep 23, 2013 | Docket: 2902640

Published

damages proportional to its fault. Fla. Stat. § 768.81(3). Under Florida law, once a court has entered

Miranda L. Day v. Persels & Associates, LLC

Court of Appeals for the Eleventh Circuit | Filed: Sep 10, 2013 | Docket: 2902680

Published

such party’s percentage of fault.” Fla. Stat. § 768.81(3). But Florida law would not have governed the

Gerhardt v. Crowe

118 So. 3d 1006, 2013 Fla. App. LEXIS 13397, 2013 WL 4482465

District Court of Appeal of Florida | Filed: Aug 22, 2013 | Docket: 60232881

Published

jury would determine the same issues under section 768.81(3) as it would in a third-party action, and

La Costa Beach Club Resort Condominium Ass'n v. Carioti

37 So. 3d 303, 2010 Fla. App. LEXIS 4942, 2010 WL 1460198

District Court of Appeal of Florida | Filed: Apr 14, 2010 | Docket: 1668713

Published

joint and several liability. "The enactment of section 768.81, Florida Statutes, represented a policy shift

Coopersmith v. McCormick

988 So. 2d 49, 2008 Fla. App. LEXIS 10285, 2008 WL 2663704

District Court of Appeal of Florida | Filed: Jul 9, 2008 | Docket: 64855363

Published

apportionment requirement of section 768.81(3) applied. If section 768.81(3) did not apply, then ... the

Shah v. Bland

973 So. 2d 1188, 2008 WL 108751

District Court of Appeal of Florida | Filed: Jan 11, 2008 | Docket: 1851359

Published

the comparative negligence of Mr. Bland under section 768.81, Florida Statutes (2001). The Defendants relied

Gacs Inc. v. Evans

893 So. 2d 705, 2005 Fla. App. LEXIS 1877, 2005 WL 405489

District Court of Appeal of Florida | Filed: Feb 22, 2005 | Docket: 64836106

Published

amount of $454,799.50. The plain language of section 768.81, Florida Statutes, requires that a plaintiffs

Sendzischew v. Johnson

934 So. 2d 487, 2004 Fla. App. LEXIS 17043, 2004 WL 2534294

District Court of Appeal of Florida | Filed: Nov 10, 2004 | Docket: 64845827

Published

CURIAM. Affirmed. § 766.102(2), Fla. Stat. (2003); § 768.81(3)(6), Fla. Stat. (1991); Osler v. Collins, 870

Kowalczyk v. Hunter

852 So. 2d 962, 2003 Fla. App. LEXIS 12838, 2003 WL 22023212

District Court of Appeal of Florida | Filed: Aug 29, 2003 | Docket: 64824456

Published

Hunter’s inability to stop safely behind Myrick. . § 768.81, Fla. Stat.

Standard Jury Instructions-Civil Cases (No. 02-1)

828 So. 2d 377, 2002 Fla. LEXIS 1890, 2002 WL 31027350

Supreme Court of Florida | Filed: Sep 12, 2002 | Docket: 64818249

Published

doctrine of comparative negligence, as codified in § 768.81, Fla. Stat., applied to an action for negligent

National Railroad Passenger Corp. v. Rountree Transport & Rigging, Inc.

286 F.3d 1233, 2002 U.S. App. LEXIS 4956, 2002 WL 459731

Court of Appeals for the Eleventh Circuit | Filed: Mar 26, 2002 | Docket: 212819

Published

in Florida Statute § 768.81, to reduce the proven damages. AHA contends that § 768.81 applies solely to

Sanchez v. Braun & May Realty, Inc.

795 So. 2d 1006, 2001 WL 946006

District Court of Appeal of Florida | Filed: Aug 22, 2001 | Docket: 1673160

Published

appellees, jointly and severally. We disagree. Section 768.81, Florida Statutes (1997), governing comparative

Ray v. International Transit, Inc.

788 So. 2d 343, 2001 Fla. App. LEXIS 7714, 2001 WL 603522

District Court of Appeal of Florida | Filed: Jun 5, 2001 | Docket: 64806391

Published

The order before us was entered pursuant to section 768.81(3), Florida Statutes (1993), providing that

Doig v. Chester

776 So. 2d 1043, 2001 WL 85535

District Court of Appeal of Florida | Filed: Feb 2, 2001 | Docket: 421854

Published

held that the comparative fault provisions of section 768.81(3) would apply and that there could be no offset

Flamingo Oil Co. v. Veloz

748 So. 2d 346, 1999 Fla. App. LEXIS 16840, 1999 WL 1143738

District Court of Appeal of Florida | Filed: Dec 15, 1999 | Docket: 64793817

Published

between Bird Road Mazda, Veloz, and Flamingo. . Section 768.81(3) Florida Statutes (1997) provides: (3) Apportionment

Standard Jury Instructions—Civil Cases (No. 98-4)

746 So. 2d 440, 24 Fla. L. Weekly Supp. 101, 1999 Fla. LEXIS 257, 1999 WL 92624

Supreme Court of Florida | Filed: Feb 25, 1999 | Docket: 64792816

Published

statutory context. For example, see Fla. Stat. § 768.81(4)(a), defining “negligence cases.” 6.2 h. Unmarried

Subwick v. Conners

723 So. 2d 880, 1998 Fla. App. LEXIS 15873

District Court of Appeal of Florida | Filed: Dec 16, 1998 | Docket: 64785278

Published

defendants jointly and severally liable pursuant to section 768.81(5), Florida Statutes (1997). GROSS and TAYLOR

Standard Jury Instructions—Civil Cases (No. 98-2)

723 So. 2d 174, 23 Fla. L. Weekly Supp. 531, 1998 Fla. LEXIS 1896, 1998 WL 699776

Supreme Court of Florida | Filed: Oct 8, 1998 | Docket: 64785072

Published

[damage] complained of. Comment on 3.8f 1. See § 768.81, Florida Statutes (1993); Fabre v. Marin, 623

Wal-Mart Stores, Inc. v. Coker

714 So. 2d 423, 23 Fla. L. Weekly Supp. 274, 1998 Fla. LEXIS 861, 1998 WL 240160

Supreme Court of Florida | Filed: May 14, 1998 | Docket: 64781841

Published

BASED UPON AN INTENTIONAL TORT” PURSUANT TO SECTION 768.81(4)(b), FLORIDA STATUTES (1993), SO THAT THE

Wyke v. Polk County School Board

137 F.3d 1292

Court of Appeals for the Eleventh Circuit | Filed: Mar 26, 1998 | Docket: 211896

Published

Florida’s comparative fault statute, Fla. Stat. Ann. § 768.81 (West 1997 Supp.), requires fault to be “apportioned

Wyke v. Polk County School Board

137 F.3d 1292

Court of Appeals for the Eleventh Circuit | Filed: Mar 26, 1998 | Docket: 1118731

Published

Florida's comparative fault statute, Fla. Stat. Ann. § 768.81 (West 1997 Supp.), requires fault to be "apportioned

Wyke v. Polk County School Board

137 F.3d 1292

Court of Appeals for the Eleventh Circuit | Filed: Mar 26, 1998 | Docket: 494590

Published

Florida’s comparative fault statute, Fla. Stat. Ann. § 768.81 West 1997 Supp.), require the allocation of “fault”

Wyke v. Polk County School Board

137 F.3d 1292

Court of Appeals for the Eleventh Circuit | Filed: Mar 26, 1998 | Docket: 178523

Published

Florida’s comparative fault statute, Fla. Stat. Ann. § 768.81 (West 1997 Supp.), require the allocation

Carlson v. American Airlines, Inc.

24 F. Supp. 2d 1340, 1998 U.S. Dist. LEXIS 17510

District Court, S.D. Florida | Filed: Feb 25, 1998 | Docket: 64293188

Published

based upon an intentional tort.” FlaStat. Ann. § 768.81(4)(a)-(b) (West 1997) Thus, the Florida legislature’s

Days Inn of America, Inc. v. Maus

701 So. 2d 350, 1997 Fla. App. LEXIS 7205, 1997 WL 345312

District Court of Appeal of Florida | Filed: Jun 25, 1997 | Docket: 64776724

Published

tortfeasor for purposes of apportioning fault under section 768.81, Florida Statutes. The trial court denied Appellants’

Wal-Mart Stores, Inc. v. Coker

742 So. 2d 257, 1997 Fla. App. LEXIS 6990, 1997 WL 338839

District Court of Appeal of Florida | Filed: Jun 23, 1997 | Docket: 64791329

Published

We turn now to the issue on cross appeal. Section 768.81, Florida Statutes, abrogated the doctrine of

Schultz v. Wilkes

689 So. 2d 435, 1997 Fla. App. LEXIS 2411, 1997 WL 111346

District Court of Appeal of Florida | Filed: Mar 14, 1997 | Docket: 64771670

Published

since the total judgment was under $25,-000, section 768.81(5), Florida Statutes, requires that the entire

Powermatic, Inc. v. Gonzalez

688 So. 2d 426, 1997 Fla. App. LEXIS 1712, 1997 WL 80291

District Court of Appeal of Florida | Filed: Feb 26, 1997 | Docket: 64771249

Published

PER CURIAM. Affirmed. § 768.81(3), Fla. Stat. (1995); Cody v. Kernaghan, 682 So.2d 1147 (Fla. 4th DCA

Cohen v. Richter

667 So. 2d 899, 1996 Fla. App. LEXIS 871, 1996 WL 46886

District Court of Appeal of Florida | Filed: Feb 7, 1996 | Docket: 64762202

Published

intended to demonstrate that our interpretation of section 768.81(3) would not lead to a double reduction in

Godales v. Y.H. Investments Inc.

667 So. 2d 871, 1996 Fla. App. LEXIS 559, 1996 WL 34065

District Court of Appeal of Florida | Filed: Jan 31, 1996 | Docket: 64762197

Published

not Florida’s comparative negligence statute, § 768.81, Fla.Stat. (1993), as recently interpreted by

Standard Jury Instructions—Civil Cases—Nos. 95-1 & 95-2

658 So. 2d 97, 20 Fla. L. Weekly Supp. 393, 1995 Fla. LEXIS 1174, 1995 WL 424893

Supreme Court of Florida | Filed: Jul 20, 1995 | Docket: 64757929

Published

response to the legislature’s amendment to section 768.81, Florida Statutes (Supp.1988), entitled “Comparative

Yablon v. North River Insurance Co.

654 So. 2d 1033, 1995 Fla. App. LEXIS 5323, 1995 WL 296209

District Court of Appeal of Florida | Filed: May 17, 1995 | Docket: 64756207

Published

prejudice. Fabre involved the interpretation of section 768.81(3), Florida Statutes (Supp.1988), which provides

Department of Corrections v. Burnett

653 So. 2d 1102, 1995 Fla. App. LEXIS 3691, 1995 WL 215008

District Court of Appeal of Florida | Filed: Apr 13, 1995 | Docket: 64755783

Published

negligent and intentional tortfea-sors, pursuant to section 768.81, Florida Statutes (1989). In that I would,

Hudson v. Moss

653 So. 2d 1071, 1995 Fla. App. LEXIS 3661, 1995 WL 170318

District Court of Appeal of Florida | Filed: Apr 12, 1995 | Docket: 64755780

Published

recover 100% of her damages from the Hudsons. Section 768.81, on the other hand, requires that “the court

University of Miami v. All-Pro Athletic Surfaces, Inc.

619 So. 2d 1034, 1993 Fla. App. LEXIS 6152, 1993 WL 191947

District Court of Appeal of Florida | Filed: Jun 8, 1993 | Docket: 64696922

Published

Hertz Corp., 351 So.2d 703, 705 (Fla.1977). Section 768.81(3), Florida Statutes (1991) provides that where

Florida Mining & Materials Corp. v. Van Antwerp

601 So. 2d 621, 1992 Fla. App. LEXIS 6759, 1992 WL 143655

District Court of Appeal of Florida | Filed: Jun 24, 1992 | Docket: 64668670

Published

court apparently relied in whole or in part on section 768.81, Florida Statutes (Supp.1986),3 which requires

Kane ex rel. Kane v. Portwood

573 So. 2d 980, 1991 Fla. App. LEXIS 446

District Court of Appeal of Florida | Filed: Jan 25, 1991 | Docket: 64656047

Published

some of the harsher effects of that doctrine. § 768.81, Fla.Stat. (1989).

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.