Most personal injury cases come down to one idea: negligence. Knowing the legal definition of negligence can help you understand how claims are built and what must be proven. Here is a plain guide to how it works in Florida.
What Is Negligence?
Negligence means not using reasonable care. Put simply, someone did not act as a careful person would. That caused harm to someone else.
The Four Elements
To prove negligence, an injured person usually must show four things:
- Duty. The other person owed a duty of care. Drivers must drive safely. Owners must keep guests safe.
- Breach. The person failed to meet that duty, such as by speeding or ignoring a hazard.
- Causation. The failure caused the harm.
- Damages. The injured person suffered real losses, like medical bills, lost wages or pain.
All four must be shown. If one is missing, the claim may fail.
Examples of Negligence
- A driver texting and running a red light
- A store ignoring a spill for an hour
- A landlord failing to fix a broken stair
- A boat operator speeding in a crowded area
Shared Fault in Florida
Florida has a rule on shared fault for most cases filed after March 24, 2023. If you are partly at fault, what you get is cut by your share. If they are more than 50% at fault, they may not recover.
Time Limits
Most Florida negligence claims arising after March 24, 2023 must be filed within two years.
The Bottom Line
The legal definition of negligence centers on duty, breach, causation and damages. Lawyers at Kearney Law in Tampa help injured people understand these elements and how they apply to their case.
*This article is general information about Florida law, not legal advice. Every case is different.*
