# Comparative fault system · Florida — Comparative fault system and joint and several liability rules by state

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, not quoted from the source)_
- **Rule type:** Comparative fault system _(our reading, not quoted from the source)_
- **Fault system:** Modified comparative fault (51% bar) _(our reading, not quoted from the source)_
- **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: appears in the quote below)_
- **Fault threshold:** 51% _(our reading, not quoted from the source)_
- **Statutory citation:** 768.81 _(verified: appears in its own passage below)_

## 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.

## Where each value comes from

This source states these in separate places, so each value is shown with the passage that states it.

### Statutory citation

> 768.81 Comparative fault.

## Source

- http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html

Last verified: 2026-08-31. Review by: 2027-08-31.
Part of [Comparative fault system and joint and several liability rules by state](https://referencesource.org/state-comparative-fault-joint-liability-rules/).