Negligence in Florida

Elements

1. 1

   Duty

   The defendant owed the plaintiff a legal duty of reasonable care in the circumstances.

2. 2

   Breach

   The defendant failed to meet that standard, they did something a reasonably careful person would not, or failed to do something they would.

3. 3

   Causation

   The breach was a factual and legal (proximate) cause of the harm. Foreseeability matters.

4. 4

   Damages

   The plaintiff suffered actual harm, medical bills, lost wages, pain, property loss.

Burden of proof

Preponderance of the evidence, more likely than not.

A Florida fact pattern

A Fort Myers driver runs a red on McGregor, T-bones a cyclist in the crosswalk, and later claims “the sun was in my eyes.” Duty is easy: every driver owes others on the road reasonable care. Breach is the red light. Causation is the impact. Damages are the surgery, the missed charter-boat season, and the shoulder that never came all the way back. Comparative fault (Florida’s modified system after 2023) may cut the recovery if the cyclist darted out, it does not automatically end the case.