Author: Jay Gates
On March 24, 2023, Florida implemented significant tort law reforms that structurally change litigation claims for negligence and injury. These reforms have far-reaching implications across all business insurance and risk management practices, and particularly for those in the restaurant and hospitality sector.
Here are key changes:
- Because of a shift from comparative to modified negligence, a plaintiff can no longer claim damages if deemed more than 50% at fault.
- The statute of limitations for general negligence has been reduced from four to two years for all causes of action.
- The one-way statutory entitlement for payment of legal costs relating to disputes with insurers has been eliminated.
- Medical expense claims have been capped.
As an insurance holder, you should review existing policies with these changes in mind. You should:
- Understand the modified liability
- Revisit coverage limits
- Assess the impact on personal injury
- Evaluate overall insurance needs
To learn more about Florida's reforms and their implications, read our whitepaper, Florida Tort Law Reform.View PDF