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.
768.733 – Bonds in class actions; limitations.
768.733 Bonds in class actions; limitations.— (1) In any civil action that is brought as a certified class action, the trial court, upon the posting of a bond or equivalent surety as provided in this section, shall stay the execution of any judgment, or portion thereof, entered on account of punitive damages pending completion of any appellate […]
769.06 – Contracts Limiting Liability Invalid.
769.06 Contracts limiting liability invalid.—Any contract, contrivance or device whatever, having the effect to relieve or exempt the persons mentioned in s. 769.01 from the liability prescribed by this chapter shall be illegal and void. History.—s. 6, ch. 6521, 1913; RGS 4976; CGL 7063.
768.734 – Capacity to sue.
768.734 Capacity to sue.— (1)(a) In any action asserting the right to class action status, the claimant class having capacity to sue shall be limited to residents of this state at the time of the alleged misconduct, except as provided in paragraph (b). (b)1. Before issuing a class certification order, the court hearing an action asserting the right […]
768.735 – Punitive damages; exceptions; limitation.
768.735 Punitive damages; exceptions; limitation.— (1) Sections 768.72(2)-(4), 768.725, and 768.73 do not apply to any civil action based upon child abuse, abuse of the elderly under chapter 415, or abuse of the developmentally disabled. Such actions are governed by applicable statutes and controlling judicial precedent. This section does not apply to claims brought pursuant to s. […]