768.79 – Offer of judgment and demand for judgment.
768.79 Offer of judgment and demand for judgment.— (1) In any civil action for damages filed in the courts of this state, if a defendant files an offer of judgment which is not accepted by the plaintiff within 30 days, the defendant shall be entitled to recover reasonable costs and attorney’s fees incurred by her or him […]
768.81 – Comparative fault.
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 […]
769.01 – Employers Affected by Fellow Servant Act.
769.01 Employers affected by fellow servant act.—This chapter shall apply to persons engaged in the following hazardous occupations in this state; namely, railroading, operating street railways, generating and selling electricity, telegraph and telephone business, express business, blasting and dynamiting, operating automobiles for public use, boating, when boat is propelled by steam, gas or electricity. History.—s. 1, […]
769.02 – Liability of Certain Persons and Corporations for Injuries From Negligence of Fellow Servants.
769.02 Liability of certain persons and corporations for injuries from negligence of fellow servants.—The persons mentioned in s. 769.01 shall be liable in damages for injuries inflicted upon their agents and employees, and for the death of their agents and employees caused by the negligence of such persons, their agents and servants, unless such persons shall […]
768.72 – Pleading in civil actions; claim for punitive damages.
768.72 Pleading in civil actions; claim for punitive damages.— (1) In any civil action, no claim for punitive damages shall be permitted unless there is a reasonable showing by evidence in the record or proffered by the claimant which would provide a reasonable basis for recovery of such damages. The claimant may move to amend her or […]
769.03 – Recovery for Injuries Where Employee and Employer Both at Fault; Damages; Negligence of Fellow Servant.
769.03 Recovery for injuries where employee and employer both at fault; damages; negligence of fellow servant.—The persons mentioned in s. 769.01 shall not be liable in damages for injuries to their agents and employees, or for the death of such agents and employees, where same is done by their consent, or is caused by their own […]
768.725 – Punitive damages; burden of proof.
768.725 Punitive damages; burden of proof.—In all civil actions, the plaintiff must establish at trial, by clear and convincing evidence, its entitlement to an award of punitive damages. The “greater weight of the evidence” burden of proof applies to a determination of the amount of damages. History.—s. 21, ch. 99-225.
769.04 – Doctrine of “Assumption of Risk” Abrogated.
769.04 Doctrine of “assumption of risk” abrogated.—The doctrine of “assumption of risk” shall not obtain in any case arising under the provisions of this chapter, where the injury or death was attributable to the negligence of the employer, his or her agents or servants. History.—s. 4, ch. 6521, 1913; RGS 4974; CGL 7061; s. 1177, ch. […]
768.73 – Punitive damages; limitation.
768.73 Punitive damages; limitation.— (1)(a) Except as provided in paragraphs (b) and (c), an award of punitive damages may not exceed the greater of: 1. Three times the amount of compensatory damages awarded to each claimant entitled thereto, consistent with the remaining provisions of this section; or 2. The sum of $500,000. (b) Where the fact finder determines that the […]
769.05 – Proceeds of Recovery for Injuries Exempt From Garnishment and Execution.
769.05 Proceeds of recovery for injuries exempt from garnishment and execution.—Writs of garnishment, execution or other processes, shall not issue out of any court to reach any money due or likely to become due as damages under the provisions of this chapter. History.—s. 5, ch. 6521, 1913; RGS 4975; CGL 7062.