USA – FLORIDA Trends and Developments Contributed by: Melissa Sims and Patrick Betar, Berk, Merchant & Sims
tion 768.0706 will not only strengthen resident safety but also gain an important defensive tool in litigation. In short, taking these steps now could mean the differ- ence between a defence verdict and a costly negligent security verdict. How do Florida’s tort reforms compare with other jurisdictions in the USA? Given the USA’s federal system of government, there is no one-size-fits-all approach to negligence law- suits and variances can be great between the states. States such as Texas have implemented similar tort- reform measures, including caps on damages, modi- fied comparative negligence, and tightened statutes of limitation. Texas, for example, limits non-economic damages in certain cases and applies a modified com- parative negligence threshold of 51%, akin to Florida’s new framework. For companies operating in multiple southern states, these similarities can streamline risk assessment and claims-handling procedures. By contrast, states such as California, New York, and Illinois maintain more plaintiff-friendly regimes, with longer statutes of limitation, broader discovery rules, and less restrictive damages frameworks. Plaintiffs may still “forum shop” in these jurisdictions, so com- panies doing business nationwide need to be aware of and appreciate the differences between states and regions.
In summary, Florida has taken an aggressive and comprehensive approach at amending its statutes, in the hope of creating a more predictable business and litigation environment. As House Bill 837’s analy- sis states, the main purpose is to “properly and fairly redress the civil wrongs caused throughout the state” and create a “positive fiscal impact on state and local governments, and on some private entities”. This approach is also meant to create more predictability for businesses and insurers, which will assist in low- ering historically high commercial liability insurance premiums. Since the reforms have mainly been in effect for just under three years and only apply to negligence claims that vested since 24 March 2023, it is still too early to see the full impact of the law. Nonetheless, these reforms have created much interest and their impact is being closely watched within and beyond Florida for the tangible effects on litigation and the insurance market.
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