Florida Torts

Question 1

Florida’s survival satute allows:

Answer 1

All claims to survive a person’s death, even those for personal or intangible harms.

Question 2

Florida uses what type of negligence system?

Answer 2

Modified comparative negligence.

Question 3

Define

Loss of chance in Florida.

Answer 3

Unless plaintiff had better than a 50% chance of survival prior to D’s tortious conduct, plaintiff cannot recover under the loss of chance doctrine.

Question 4

When are healthcare providers of emergency services liable?

Answer 4

When they acted with reckless disregard for risks for patients.

Question 5

Define

Florida Test for Design Defect: Consumer Expectations Test

Answer 5

Plaintiff must show that the product did not
1. perform as safely as an ordinary consumer would expect
2. when the product is used in the ordinary or reasonably used manner

Florida has rejected the risk-utility test

Question 6

How does misuse and assumption of the risk work in Florida?

Answer 6

Misuse and assumption of the risk by P is contributory negligence, so it reduces, but does not bar, recovery.

Question 7

Punitive damages presumed unreaonsable if:

Answer 7

They exceed the greater of
1. 3 times the compensatory damages or
2. $500,000