How To Prove A Florida Negligence – General Claim

 

 

In Florida, a claim of Negligence – General is defined as:

Negligence is the failure to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation. It includes any conduct that falls below the legal standard established to protect others against unreasonable risk of harm.

It simply means:

When a party fails to do something that any reasonable person would think to do in that situation.

There are 4 elements of the claim:

• Element 1. The defendant owed a duty to conform to a certain standard of conduct. The defendant had a responsibility to act in a careful and reasonable way, following the expected rules or standards to avoid causing harm to others.
  

  Facts that might support this element look like:

  * The defendant was a licensed driver, which imposed a legal duty to operate their vehicle safely and adhere to traffic laws.
  * The defendant was responsible for maintaining the safety of the premises where the incident occurred, creating a duty to ensure it was free from hazards.
  * The defendant had a contractual obligation to provide a safe product, establishing a duty to meet industry safety standards.
  * The defendant was a healthcare professional, which required them to follow established medical protocols to ensure patient safety.
  * The defendant was aware of the potential risks associated with their actions, indicating a duty to take reasonable precautions to prevent harm.

• Element 2. The defendant breached the duty. The defendant failed to act with the care that a reasonable person would have shown in a similar situation, leading to harm or injury to the plaintiff.
  

  Facts that might support this element look like:

  * The defendant failed to maintain the property in a safe condition, leading to hazardous conditions that caused injury.
  * The defendant ignored multiple complaints from tenants regarding unsafe stair railings, which ultimately resulted in a fall.
  * The defendant did not provide adequate training to employees on safety protocols, contributing to an accident that harmed a customer.
  * The defendant was aware of a broken light fixture in a public area but took no action to repair it, creating a dangerous environment.
  * The defendant’s vehicle was in disrepair, and they chose to drive it despite knowing it had faulty brakes, leading to a collision.

• Element 3. There was causal connection between the breach and injury to the plaintiff. In a negligence case, this means that the harm the injured person suffered was directly linked to the other person’s careless actions, showing that if the careless act hadn’t happened, the injury wouldn’t have occurred.
  

  Facts that might support this element look like:

  * The plaintiff suffered a broken leg after slipping on a wet floor that the defendant failed to clean or mark with a warning sign.
  * Medical records indicate that the plaintiff’s injuries directly resulted from the fall caused by the defendant’s negligence in maintaining safe premises.
  * Witness statements confirm that the plaintiff was not engaging in any risky behavior prior to the incident, highlighting the defendant’s responsibility for the unsafe condition.
  * The plaintiff incurred significant medical expenses and lost wages due to the injuries sustained from the fall, linking the breach of duty to financial harm.
  * The timeline of events shows that the defendant was aware of the hazardous condition for several days before the plaintiff’s injury occurred.

• Element 4. The plaintiff suffered loss or damage. The plaintiff must show that they experienced some form of loss or harm, such as physical injury, property damage, or financial loss, as a direct result of the defendant’s careless actions.
  

  Facts that might support this element look like:

  * The plaintiff incurred medical expenses totaling $5,000 due to injuries sustained in the incident.
  * The plaintiff lost wages amounting to $2,000 as a result of being unable to work for two weeks.
  * The plaintiff experienced emotional distress, leading to therapy costs of $1,500.
  * The plaintiff’s vehicle was damaged in the accident, resulting in repair costs of $3,000.
  * The plaintiff had to pay for additional transportation expenses while their vehicle was being repaired.

^{(See Clay Elec. Co-Op., Inc. v. Johnson, 873 So. 2d 1182, 1185 (Fla. 2003).)}
If you’re representing yourself in court and plan to assert a claim of Negligence – General, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge necessary to navigate the complexities of your case effectively.

Prove Your FL Negligence – General Claim

U.S. Civil Cases Only