Florida Passes Tort Reform
On March 24, 2023, Florida’s Governor, Ron DeSantis, signed House Bill 837, “Civil Remedies,” into law. HB 837 contains sweeping tort reform uprooting the landscape of civil litigation in Florida. The changes apply to causes of action accruing after the effective date of March 24, 2023. The monumental changes to the law made by HB 837 heavily favor insurance companies and disadvantages average Floridians.
Below is a brief summary of the two biggest changes HB 837 makes. First, the law modifies the standard for negligence claims. Second, the law shortens the statute of limitations for negligence claims. It should be noted, HB 837 makes several other significant changes to the law, which are not discussed here.
New Modified Comparative Negligence Standard
HB 837 changes Florida’s standard from “pure” comparative negligence to “modified” comparative negligence. The new standard does not apply in medical negligence actions. Under “pure” comparative negligence, a plaintiff was entitled to recover a percentage of damages proportionate to the degree of fault of the defendant.
For example, if the plaintiff was 51% at fault for the incident and the defendant was 49% at fault, the plaintiff could still recover 49% of their damages from the defendant. In that scenario, if a plaintiff had $10,000.00 in damages their damages would be reduced to $4,900.00.
However under “modified” comparative negligence, if a plaintiff is more negligent than the defendant, the plaintiff cannot recover anything. In other words, now if the plaintiff is 51% at fault for the incident and the defendant was 49% at fault, the plaintiff will be barred from any recovery.
The belief is that this new standard will reduce the number of cases brought in which the plaintiff was the predominant cause of his or her own harm. However, in practice this change is a major win for insurance companies because it lets them escape any liability for their insured’s actions if the plaintiff was 51% or more the cause of the incident.
Two-Year Statute of Limitations for General Negligence Claims
Florida Statute § 95.11 contains the statute of limitations for various causes of action. The statute of limitations for general negligence claims was always four years. However, HB 837 amends Florida Statute § 95.11 by reducing the statute of limitations for general negligence to only two years.
The belief is that this tort reform will encourage plaintiffs to file suit earlier. However, in practice this will result in many plaintiffs losing the ability to file a lawsuit if they do not immediately pursue their claim. This change is a major win for insurance companies, which will escape liability for the negligence of their insureds.