What Is Negligence in Florida? The 4 Elements You Must Prove

Hollywood Car Accident Lawyer | Daniel B Reinfeld, PA

Written and reviewed by Daniel B. Reinfeld, Esq. | Last updated October 28, 2026

Negligence is failing to use the level of care a reasonably careful person would use in the same situation, and causing harm to someone as a result. To win a negligence case in Florida, you must prove four elements: the defendant owed you a duty, the defendant breached it, the breach caused your injury, and you suffered damages. If any one is missing, the claim fails.

What is negligence?

Negligence is carelessness that harms someone. The law does not require perfection. It asks what a person of ordinary prudence would have done in the same circumstances, and it holds a person responsible when they fall short and someone is hurt.

Negligence is the legal basis for most personal injury claims: car accidents, slip and falls, truck crashes, and many others. It does not require bad intent. A driver who glances at a phone and rear-ends someone is negligent even though he never meant to hurt anyone.

What are the 4 elements of negligence in Florida?

The four elements are duty, breach, causation, and damages. The plaintiff, the person bringing the claim, has the burden of proving each one. My article on what a plaintiff is in Florida explains that role.

What is duty of care?

Duty is the legal obligation to act with reasonable care toward others. Whether a duty exists is a question of law for the judge. In Goldberg v. Florida Power & Light Co. (Fla. 2005), the Florida Supreme Court explained that duty focuses on whether the defendant's conduct foreseeably created a broader "zone of risk" that poses a general threat of harm to others.

In everyday terms, drivers owe other road users a duty to drive carefully and obey traffic laws. Property owners owe a duty to people lawfully on the property. A person who undertakes to do something, as the power company did in Goldbergwhen it took on a repair, must do the work with reasonable care.

What is breach of duty?

Breach means the defendant failed to act as a reasonably careful person would have. Examples include running a red light, speeding, driving while impaired, texting while driving, or failing to clean up a spill in a store. Violating a safety rule or traffic law is often strong evidence of breach.

Breach is usually a question for the jury, because it depends on what was reasonable in the circumstances. The evidence typically includes police reports, photographs, video, witness statements, and expert testimony.

What is causation?

Causation means the defendant's breach caused your injury. It is not enough that the defendant was careless and you were hurt. The carelessness has to be what produced the harm.

Florida looks at causation in terms of foreseeability. In Goldberg, the Court said the question is whether the defendant's conduct "foreseeably and substantially caused the specific injury that actually occurred." Proximate cause is generally a fact question for the jury, and if an intervening cause was foreseeable, the original negligent actor may still be held liable.

Causation is where many cases are fought. A defense lawyer may argue that a pre-existing condition, a later accident, or a gap in treatment caused the injury, not the crash. Medical records and doctor testimony carry the weight here.

What are damages?

Damages are the losses you suffered. Without proven harm, there is no negligence claim, even if the defendant was careless. In Florida, damages typically include past and future medical expenses, lost income and lost earning capacity, property damage, and pain and suffering, including emotional distress and loss of quality of life. In a wrongful death case, they can include funeral costs and lost support, services, and companionship.

Proof matters. Medical bills, treatment records, employment records, and your own testimony all help show what the injury cost you. My article on what nominal damages are in Florida explains what happens when a right is violated but no loss is proven.

What are examples of negligence?

A driver runs a red light and broadsides your car, causing a broken leg and a concussion. A grocery store fails to clean a spill after being told about it, and a customer falls. A trucking company puts a driver on the road without checking his record, and he causes a crash.

In each one, someone owed a duty, failed to meet it, and caused real harm. My article on what to do after a car accident in Florida explains how to protect the evidence that proves these elements.

What if I was partly at fault in Florida?

Florida's comparative fault rule can reduce or bar your recovery. Under section 768.81 as changed by House Bill 837 in 2023, Florida moved from pure comparative negligence to modified comparative negligence. A plaintiff who is more than 50 percent at fault cannot recover damages from the defendant. A plaintiff who is 50 percent or less at fault can recover, with the award reduced by his or her percentage of fault. A summary of the bill notes that medical negligence cases are treated as exceptions and remain under the pure comparative approach.

For example, if a jury finds you 20 percent at fault for a $100,000 loss, you recover $80,000. If the jury finds you 51 percent at fault, you recover nothing. That makes the fight over fault one of the most important parts of a case, and it is why you should not give a recorded statement or admit fault before speaking to a lawyer.

What is the statute of limitations for negligence in Florida?

Two years for most new negligence claims. House Bill 837 reduced the limitations period for general negligence actions from four years to two years under section 95.11. Professional negligence and wrongful death claims were already at two years, and medical malpractice is two years from discovery, according to a summary of the bill.

The sources I reviewed describe the effective date differently, with some referring to causes of action filed after March 24, 2023 and others to causes of action accruing after that date. Because the trigger matters for older claims, confirm the deadline for your situation with a lawyer promptly. Waiting can end a valid claim.

What is the difference between negligence and gross negligence?

Gross negligence is a far higher level of carelessness. Ordinary negligence is a failure to use reasonable care. Under section 768.72, gross negligence is conduct so reckless or wanting in care that it constitutes a conscious disregard or indifference to the life, safety, or rights of persons exposed to it. That level of conduct is what can open the door to punitive damages. My article on what punitive damages are in Florida explains the rules and caps.

Do you have to prove negligence in every injury claim?

No. Some Florida claims start from a different source, such as PIP benefits, which are no-fault and do not depend on who caused the crash, or workers' compensation, which does not require proof of employer negligence. My article on what workers' compensation is in Florida explains that system. When you want compensation from an at-fault person for the full range of losses, negligence is usually the legal theory.

Frequently Asked Questions

What is negligence in simple terms?

Negligence is failing to use reasonable care and causing harm to someone else.

What are the 4 elements of negligence in Florida?

Duty, breach, causation, and damages. The plaintiff must prove all four.

What is the difference between negligence and gross negligence?

Negligence is a failure to use reasonable care. Gross negligence under section 768.72 is conduct so reckless that it shows conscious disregard or indifference to the safety or rights of others.

Can I recover if I was partly at fault in Florida?

Yes, if you were 50 percent at fault or less, and your award is reduced by your percentage. If you were more than 50 percent at fault, you generally cannot recover from the defendant.

How long do I have to file a negligence lawsuit in Florida?

Generally two years for new negligence claims under section 95.11 as amended by House Bill 837. Check the deadline for your specific claim with a lawyer right away.

Do I have to prove the other person meant to hurt me?

No. Negligence does not require intent. Carelessness that causes harm is enough.

What evidence proves negligence?

Police reports, photographs and video, witness statements, medical records, bills, employment records, expert testimony, and your own account.

Is it still negligence if there was no injury?

No negligence claim exists without damages. If no loss is proven, you generally cannot recover compensation.

Call Today. Discuss Your Case Directly With Dan

If you were hurt because someone was careless, the strength of your case depends on how well each element is proven. When you call Daniel B. Reinfeld, PA, you speak directly with Dan, not a call center, and he handles your case personally. Dan has practiced law in Florida for more than 25 years and spent years defending insurance claims before representing injured people, so he knows how the other side attacks these elements.

Consultations are free, and there is no fee unless we recover for you. Dan meets by phone, Zoom, at the hospital, or at your home, with evening and weekend appointments available.

Call (954) 923-6110 or email dan@reinfeldlaw.com.

Hollywood office: 2450 Hollywood Boulevard, Suite 706, Hollywood, FL 33020. Open Monday through Friday, 9:00 a.m. to 5:00 p.m., with 24/7 live telephone answering. Fort Lauderdale consultations by appointment at 110 SE 6th Street, Suite 1700, Fort Lauderdale, FL 33301.

Related guides: What is a plaintiff in Florida, What are punitive damages in Florida, What are nominal damages in Florida, What to do after a car accident in Florida, What is umbrella insurance in Florida, What is an IME in Florida, Hollywood car accident lawyer

Sources: Goldberg v. Florida Power & Light Co., No. SC03-1942 (Fla. Apr. 7, 2005) (FindLaw); Negligence, Legal Information Institute, Cornell Law School; Greenberg Traurig, Tort Reform Overhauls Florida's Litigation Landscape (HB 837); Sections 95.11, 768.72, and 768.81, Florida Statutes.

This article provides general information about Florida negligence law. It is not legal advice, and reading it does not create an attorney-client relationship. Every case is different, and deadlines can change, so speak with a lawyer about your situation as soon as possible.

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