Taking effect tomorrow is a new tort liability statute that makes substantial changes in Florida's legal system dealing with negligence. Previously, a claim for negligence carried a four year statute of limitations. Florida now provides that negligence claims be brought within two years. For decades, Florida has been a comparative negligence state, in which a Plaintiff could collect damages based upon its jury determined percentage of fault, even if less than fifty per cent (50%). Now, if a Plaintiff is found by the jury to be Fifty-One percent (51%) or more at fault, no damages may be awarded. Other changes which limit liability of Defendants are also made. These changes have been universally opposed by Plaintiff attorney firms, and supported by business interests. It should be an interesting next few years in personal injury law.
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