Florida Statutes Part I - General Provisions (Ss. 768.041-768.37)

• 768.041 - Release Or Covenant Not To Sue.
  (1) A release or covenant not to sue as to one tortfeasor for property damage to, personal injury of, or the wrongful death of any person...
• 768.0415 - Liability For Injury To Parent.
  A person who, through negligence, causes significant permanent injury to the natural or adoptive parent of an unmarried dependent resulting in a permanent total disability...
• 768.042 - Damages.
  (1) In any action brought in the circuit court to recover damages for personal injury or wrongful death, the amount of general damages shall not be...
• 768.0425 - Damages In Actions Against Contractors For Injuries Sustained From Negligence, Malfeasance, Or Misfeasance.
  (1) For purposes of this section only, the term “contractor” means any person who contracts to perform any construction or building service which is regulated by...
• 768.043 - Remittitur And Additur Actions Arising Out Of Operation Of Motor Vehicles.
  (1) In any action for the recovery of damages based on personal injury or wrongful death arising out of the operation of a motor vehicle, whether...
• 768.07 - Railroad Liability For Injury To Employees.
  If any person is injured by a railroad company by the running of the locomotives or cars, or other machinery of such company, the person...
• 768.0705 - Limitation On Premises Liability.
  The owner or operator of a convenience business that substantially implements the applicable security measures listed in ss. 812.173 and 812.174 shall gain a presumption...
• 768.075 - Immunity From Liability For Injury To Trespassers On Real Property.
  (1) A person or organization owning or controlling an interest in real property, or an agent of such person or organization, shall not be held liable...
• 768.0755 - Premises Liability For Transitory Foreign Substances In A Business Establishment.
  (1) If a person slips and falls on a transitory foreign substance in a business establishment, the injured person must prove that the business establishment had...
• 768.08 - Liability Of Corporations Having Relief Department For Injury To Employees; Contracts In Violation Of Act Void.
  Any person, association of persons, or corporation that has, or shall hereafter have, a relief department for the benefit of their or its employees, or...
• 768.0895 - Limitation Of Liability For Employers Of Persons With Disabilities.
  (1) An employer who employs a person with a developmental disability is not liable for the acts or omissions, negligent or intentional, of the employee if:(a) The...
• 768.091 - Employer Liability Limits; Ridesharing.
  (1) No employer shall be liable for injuries or damages sustained by operators, passengers, or other persons resulting from the operation of a motor vehicle while...
• 768.093 - Owner Liability Limits; Powered Shopping Carts.
  (1) For the purposes of this section, the term “powered shopping cart” means an electrically powered assistive technology device which is generally used in a retail...
• 768.095 - Employer Immunity From Liability; Disclosure Of Information Regarding Former Or Current Employees.
  An employer who discloses information about a former or current employee to a prospective employer of the former or current employee upon request of the...
• 768.096 - Employer Presumption Against Negligent Hiring.
  (1) In a civil action for the death of, or injury or damage to, a third person caused by the intentional tort of an employee, such...
• 768.098 - Limitation Of Liability For Employee Leasing.
  (1) An employer in a joint employment relationship pursuant to s. 468.520 shall not be liable for the tortious actions of another employer in that relationship,...
• 768.0981 - Limitation On Actions Against Insurers, Prepaid Limited Health Service Organizations, Health Maintenance Organizations, Or Prepaid Health Clinics.
  An entity licensed or certified under chapter 624, chapter 636, or chapter 641 shall not be liable for the medical negligence of a health care...
• 768.10 - Pits And Holes Not To Be Left Open.
  It is not lawful for any company or individual to leave open any pit or other hole outside of an enclosure of a greater depth...
• 768.11 - Pits And Holes; Measure Of Damages.
  Any company or individual who may leave open pits or other holes contrary to the provisions of s. 768.10 shall be liable in damages to...
• 768.12 - Motor Vehicle Colliding With Any Animal At Large On A Public Highway.
  Whenever a motor vehicle collides with any animal at large on a public highway of this state, and the operator of the motor vehicle dies...
• 768.125 - Liability For Injury Or Damage Resulting From Intoxication.
  A person who sells or furnishes alcoholic beverages to a person of lawful drinking age shall not thereby become liable for injury or damage caused...
• 768.1256 - Government Rules Defense.
  (1) In a product liability action brought against a manufacturer or seller for harm allegedly caused by a product, there is a rebuttable presumption that the...
• 768.1257 - State-of-the-art Defense For Products Liability.
  In an action based upon defective design, brought against the manufacturer of a product, the finder of fact shall consider the state of the art...
• 768.128 - Hazardous Spills; Definitions; Persons Who Assist In Containing Or Treating Spills; Immunity From Liability; Exceptions.
  (1) For the purpose of this section:(a) The term “hazardous materials” includes all materials and substances which are now designated or defined as hazardous by the law...
• 768.13 - Good Samaritan Act; Immunity From Civil Liability.
  (1) This act shall be known and cited as the “Good Samaritan Act.”(2)(a) Any person, including those licensed to practice medicine, who gratuitously and in good faith...
• 768.1315 - Good Samaritan Volunteer Firefighters’ Assistance Act; Immunity From Civil Liability.
  (1) SHORT TITLE.—This section may be cited as the “Good Samaritan Volunteer Firefighters’ Assistance Act.”(2) DEFINITIONS.—As used in this section, the term:(a) “Authorized technician” means a technician who...
• 768.1325 - Cardiac Arrest Survival Act; Immunity From Civil Liability.
  (1) This section may be cited as the “Cardiac Arrest Survival Act.”(2) As used in this section:(a) “Perceived medical emergency” means circumstances in which the behavior of an...
• 768.1326 - Placement Of Automated External Defibrillators In State Buildings; Rulemaking Authority.
  No later than January 1, 2003, the State Surgeon General shall adopt rules to establish guidelines on the appropriate placement of automated external defibrillator devices...
• 768.1335 - Emergency Medical Dispatch Act; Presumption.
  (1) This section may be known by the popular name the “Emergency Medical Dispatch Act.”(2) As used in this section:(a) “Emergency medical dispatch” means the function of utilizing...
• 768.1345 - Professional Malpractice; Immunity.
  No person shall have a claim for professional malpractice against a licensed professional who provides services for which no compensation is sought or received to...
• 768.135 - Volunteer Team Physicians; Immunity.
  (1) A volunteer team physician is any person licensed to practice medicine pursuant to chapter 458, chapter 459, chapter 460, chapter 461, or chapter 466:(a) Who is...
• 768.1355 - Florida Volunteer Protection Act.
  (1) Any person who volunteers to perform any service for any nonprofit organization, including an officer or director of such organization, without compensation from the nonprofit...
• 768.136 - Liability For Canned Or Perishable Food Distributed Free Of Charge.
  (1) As used in this section:(a) “Donor” means a person, business, organization, or institution, including a public school, which owns, rents, leases, or operates:1. Any building, vehicle, place,...
• 768.137 - Definition; Limitation Of Civil Liability For Certain Farmers; Exception.
  (1) For the purposes of this section, the term “farmer” means a person who is engaging in the growing or producing of farm produce, either part...
• 768.138 - Interruption Of Electric Utility Service By Order Of Law Enforcement; Immunity.
  The good-faith compliance by an electric utility, as defined in s. 366.02, or the utility’s personnel, with a law enforcement or judicial order to interrupt...
• 768.1382 - Streetlights, Security Lights, And Other Similar Illumination; Limitation On Liability.
  (1) As used in this section, the term:(a) “Actual notice” means notification to the streetlight provider that is acknowledged by the streetlight provider in accordance with its...
• 768.14 - Suit By State; Waiver Of Sovereign Immunity.
  Suit by the state or any of its agencies or subdivisions to recover damages in tort shall constitute a waiver of sovereign immunity from liability...
• 768.16 - Wrongful Death Act.
  Sections 768.16-768.26 may be cited as the “Florida Wrongful Death Act.”History.—s. 1, ch. 72-35; s. 105, ch. 2003-1.
• 768.17 - Legislative Intent.
  It is the public policy of the state to shift the losses resulting when wrongful death occurs from the survivors of the decedent to the...
• 768.18 - Definitions.
  As used in ss. 768.16-768.26:(1) “Survivors” means the decedent’s spouse, children, parents, and, when partly or wholly dependent on the decedent for support or services, any...
• 768.19 - Right Of Action.
  When the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person, including those...
• 768.20 - Parties.
  The action shall be brought by the decedent’s personal representative, who shall recover for the benefit of the decedent’s survivors and estate all damages, as...
• 768.21 - Damages.
  All potential beneficiaries of a recovery for wrongful death, including the decedent’s estate, shall be identified in the complaint, and their relationships to the decedent...
• 768.22 - Form Of Verdict.
  The amounts awarded to each survivor and to the estate shall be stated separately in the verdict.History.—s. 1, ch. 72-35.
• 768.23 - Protection Of Minors And Incompetents.
  The court shall provide protection for any amount awarded for the benefit of a minor child or an incompetent pursuant to the Florida Guardianship Law.History.—s....
• 768.24 - Death Of A Survivor Before Judgment.
  A survivor’s death before final judgment shall limit the survivor’s recovery to lost support and services to the date of his or her death. The...
• 768.25 - Court Approval Of Settlements.
  While an action under this act is pending, no settlement as to amount or apportionment among the beneficiaries which is objected to by any survivor...
• 768.26 - Litigation Expenses.
  Attorneys’ fees and other expenses of litigation shall be paid by the personal representative and deducted from the awards to the survivors and the estate...
• 768.28 - Waiver Of Sovereign Immunity In Tort Actions; Recovery Limits; Limitation On Attorney Fees; Statute Of Limitations; Exclusions; Indemnification; Risk Management Programs.
  (1) In accordance with s. 13, Art. X of the State Constitution, the state, for itself and for its agencies or subdivisions, hereby waives sovereign immunity...
• 768.295 - Strategic Lawsuits Against Public Participation (Slapp) Prohibited.
  (1) It is the intent of the Legislature to protect the right in Florida to exercise the rights of free speech in connection with public issues,...
• 768.31 - Contribution Among Tortfeasors.
  (1) SHORT TITLE.—This act shall be cited as the “Uniform Contribution Among Tortfeasors Act.”(2) RIGHT TO CONTRIBUTION.—(a) Except as otherwise provided in this act, when two or more...
• 768.35 - Continuing Domestic Violence.
  (1) A victim of domestic violence, as defined in s. 741.28, who has suffered repeated physical or psychological injuries over an extended period of time, as...
• 768.36 - Alcohol Or Drug Defense.
  (1) As used in this section, the term:(a) “Alcoholic beverage” means distilled spirits and any beverage that contains 0.5 percent or more alcohol by volume as determined...
• 768.37 - Limitation On Civil Liability Arising From Long-term Consumption Of Food And Nonalcoholic Beverages.
  No manufacturer, distributor, or seller of foods or nonalcoholic beverages intended for human consumption shall be subject to civil liability for personal injury or wrongful...

Last modified: September 23, 2016