Reference Source

Comparative fault system · Florida

For Comparative fault system · Florida, state is Florida; rule type is Comparative fault system; fault system is Modified comparative fault (51% bar); when the plaintiff's own fault bars recovery is any party found to be greater than 50 percent at fault for his or her own harm may not recover any damages; fault threshold is 51%, recorded from its source on 2026-08-31.

State
Florida our reading
Rule type
Comparative fault system our reading
Fault system
Modified comparative fault (51% bar) our reading
When the plaintiff's own fault bars recovery
any party found to be greater than 50 percent at fault for his or her own harm may not recover any damages verified
Fault threshold
51% our reading
Statutory citation
768.81 verified
Sourceleg.state.fl.us
Verified
Review by
DatasetComparative fault system and joint and several liability rules by state

Values marked our reading are our classification of what the source says — the source does not print them in those words. The quote below is the evidence for each one; judge it yourself.

What the source says

In a negligence action to which this section applies, any party found to be greater than 50 percent at fault for his or her own harm may not recover any damages. This subsection does not apply to an action for damages for personal injury or wrongful death arising out of medical negligence pursuant to chapter 766.

leg.state.fl.us, retrieved 2026-08-31

Where each value comes from

The value above is stated away from the sentence quoted with the answer, so the passage that states it is shown here too.

Statutory citation

768.81 Comparative fault.

— all from leg.state.fl.us, retrieved 2026-08-31

Source

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