FL Torts

Question 1

Pure Comparative Fault

Torts

Answer 1

• Florida is a pure comparative fault state, which allows plaintiffs to collect damages from a defendant that is proportional to their percentage of fault.
• Plaintiff’s award may be reduced by their own percentage of fault.

Question 2

Proximate Cause

Answer 2

Test: Whether the resulting harm was reasonably foreseeable.

Question 3

Actual Cause

Torts

Answer 3

1. But-For Test: But-for the defendant’s act, the injury would not have occurred.
2. Substantial Factor Test: The defendant’s actions were a substantial factor in causing the injury.

Question 4

Can duty be delegated to a third party?

Answer 4

No.

Question 5

Slavin Doctrine

Answer 5

1. A contractor cannot be held liable for injuries sustained by third parties when the injuries occur after the contractor completed its work, the owners accepted the contractor’s work, and the defects causing the injury were patent.
2. NOTE: Defect must be latent (hidden oof concealed) and could not be discovered with reasonable inspection.
3. NOTE: Usually in premise liability cases. All note that a owner cannot discharge a duty t a third-party, such as an independent contractor.