The key difference between contributory negligence and comparative negligence lies in how a plaintiff’s own fault impacts their ability to recover damages in a personal injury case. Florida has evolved its law, moving from the harsh contributory negligence doctrine to its current form of comparative negligence.
Contributory Negligence (Abolished in Florida)
Contributory negligence is an older, stricter legal doctrine that previously governed Florida’s injury law. Under this rule, if the injured party (the plaintiff) was found to have contributed to their injury in any way, even by one percent (1%), they would be completely barred from recovering any damages from the defendant. This “all-or-nothing” rule was considered very harsh and often led to unfair results.
Comparative Negligence (Current Florida Law)
Comparative negligence is a far more equitable system that recognizes fault can be shared. Instead of entirely barring recovery, it reduces the plaintiff’s damage award based on their percentage of fault.
Florida law now follows a system of Modified Comparative Negligence with a 50% bar for most negligence cases (per Florida Statute §768.81, as amended in 2023).
Recovery Reduction: If the plaintiff is found to be partially at fault, the total damages they can recover are reduced by their percentage of fault.
The 50% Bar: The plaintiff is barred from recovering any damages if their percentage of fault is found to be greater than 50% (i.e., 51% or more).
Medical Malpractice Exception: Florida retains a Pure Comparative Negligence standard for personal injury or wrongful death claims arising from medical negligence. In these specific cases, a plaintiff can still recover damages even if their fault is greater than 50%, with their award simply reduced by their percentage of fault (e.g., a plaintiff 90% at fault can recover 10% of their damages).
Example of Modified Comparative Negligence in Florida (Non-Medical Case)
Party Percentage of Fault Resulting Action
Plaintiff 30% Can recover 70% of $100,000 damages (i.e., $70,000).
Plaintiff 50% Can recover 50% of $100,000 damages (i.e., $50,000).
Plaintiff 51% Recovers $0 (barred from recovery due to the 50% threshold).
