Florida · Comparative Negligence

Florida Comparative Negligence Rule

Florida follows a modified 51% bar rule under Fla. Stat. § 768.81. Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.

Updated 2026-05-22 · See all 50 states

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Key facts: Florida

Rule type: Modified 51% bar
Max fault to recover: 50%
How recovery works: Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.
Last verified: 2026-05-22
Source type: Primary (state statute)

Details for Florida

Florida switched from pure comparative negligence to a modified 51% bar in 2023 under House Bill 837. For causes of action accruing on or after March 24, 2023, a claimant whose share of fault exceeds 50% cannot recover damages. The change does not apply to medical-negligence actions, which remain under pure comparative principles.

Related: Florida statute of limitations

Florida gives you 2 years to file a personal injury lawsuit under Fla. Stat. § 95.11(4)(a).

See the full Florida statute of limitations →

This page is informational and does not constitute legal advice. Some categories (medical negligence, governmental defendants) follow different rules. Confirm the controlling rule with a licensed Florida attorney before relying on it.

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Florida Comparative Negligence FAQ

What comparative negligence rule does Florida follow?

Florida follows a modified 51% bar rule under Fla. Stat. § 768.81. Claimant barred when fault is greater than 50% (the 51% rule). Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.

Can I still recover if I was partly at fault for the accident in Florida?

Yes, up to a point. In Florida you can recover when your share of fault is 50% or less. Once you cross that threshold, you are barred from recovering anything at all.

How does this affect settlement negotiations in Florida?

Insurance adjusters argue percentage of fault to reduce what they pay. Because Florida bars recovery once fault exceeds 50%, even a small dispute about percentage can swing settlement value dramatically. Crossing the bar means zero recovery.

What is the personal injury statute of limitations in Florida?

Florida gives you 2 years to file a personal injury lawsuit under Fla. Stat. § 95.11(4)(a).

Where can I read the actual rule?

The controlling authority is Fla. Stat. § 768.81. The full text is available at http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html.

See comparative negligence rules for all 51 covered states