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The Florida Supreme Court adopted the concept of "pure" comparative negligence, which allows a victim to be compensated for the percentage of harm caused by the at-fault person. The decision of the court in Hoffman v. Jones has been cited in law school textbooks, and now the concept of comparative negligence is the prevailing doctrine.
Prior to the late 1960s, only a few states had adopted the system. When comparative negligence was adopted, three main versions were used. The first is called "pure" comparative negligence. [2] Under this type of comparative negligence, a plaintiff who was 90% to blame for an accident could recover 10% of his losses. [3]
The reforms put Florida more in line with litigation rules in other states, Friedlander said, and insurance companies are already spending less on defending Florida lawsuits, even if the tort ...
A 2021 analysis by then-Florida Insurance Commissioner David Altmaier found that Florida made up 8% of the nation’s homeowners’ claims in 2019, but 76% of its lawsuits.
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Walt Disney World Co. v. Wood, 489 So. 2d 61 (Fla. Dist. Ct. App. 1986) is a court decision by Florida's Fourth District Court of Appeal illustrating the principle of joint and several liability when combined with comparative negligence. It also features a unique twist in that the plaintiff and one of the defendants were (at the time of the ...
The doctrine of contributory negligence was dominant in U.S. jurisprudence in the 19th and 20th century. [3] The English case Butterfield v.Forrester is generally recognized as the first appearance, although in this case, the judge held the plaintiff's own negligence undermined their argument that the defendant was the proximate cause of the injury. [3]
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