skip to content
Home Understanding Negligence as it Relates to Your Florida Personal Injury

Understanding Negligence as it Relates to Your Florida Personal Injury

Whether your injury was caused by a car accident, medical malpractice, food poisoning, a dog bite, or a slip and fall, whether or not you can claim damages will come down to the issue of negligence. By definition, negligence is the failure to exercise the care that a reasonably prudent person would exercise in similar circumstances. It is also the cornerstone of all Florida personal injury lawsuits.

In order to claim compensation for your injury you must prove negligence on the part of the other individual or party. To do this, you must provide evidence showing the existence of several distinct elements:

  • Duty of Care: The person or party had a duty to ensure your safety and well-being. In order for a duty of care to exist, the harm done must have been:
    • reasonably foreseeable;
    • there was a relationship of proximity between the plaintiff and the defendant (i.e., you had a right to be there and expect a duty of care from the defendant) and;
    • it is fair, just and reasonable to impose liability on the defendant.
  • Breach of Duty: Once established, the duty of care can be breached either subjectively or objectively. If the defendant knowingly put you at risk, then the duty to care has been breached. However, even if the defendant failed to realize the risk, if a reasonable person in the exact same scenario would have realized the risk, then a breach of the duty to care will also be established.
  • Cause: In order to be held liable for your injuries, it must be shown that the defendant’s breach of duty was the cause of your harm.
  • Harm: Finally, in order to be compensated for your injuries, you must show that you actually suffered a loss.

That being said, Florida negligence law is ripe with exceptions, including comparative negligence, negligence per se, special rules for hazardous torts, and strict liability. To ensure that you have the evidence to prove all these elements and get the compensation you deserve, it is highly recommended that you consult the advice of an experienced Florida personal injury attorney.

To schedule your free initial consultation with an experience Florida personal injury lawyer today, call the Law Offices of James O. Cunningham, P.A. at 877-FL-INJURY (877-354-6587).

Do I Have A Case?

padlock 100% Secure and Confidential

Martindale Hubbell | Highest Ethical standing
  • 5 StarsMr. Cunningham is an excellent and knowledgeable attorney.

    I would and have recommended Mr. Cunningham as an attorney. I am extremely happy with the service he has provided for me and my family. I will definately use Mr. Cunningham in the future if I ever need an attorney again.

    - John, a Personal Injury client
  • Bar Register Preeminent Lawyers
  • The Florida Bar Board Certified
  • NBLSC Board Certified Lawyers
  • Multi-Million Dollar Advocates Forum
  • Lead Counsel Rated
  • Avvo Rating 10.0 Superb
  • The Florida Bar Certified Civil Trial Lawyer
  • Avvo Clients' Choice Personal Injury
  • Avvo Rating 10.0 Superb Top Attorney Personal Injury
  • Martindale-Hubbell AV Preeminent High Ethical Standing
  • The National Trial Lawyers Top 100
  • Super Lawyers
  • Florida Legal Elite

Client Testimonials

5 StarsGreat Service (auto accident)
After totalling my vehicle my father recommended I retain Mr. Cunningham. A little online research lead us to Mr. Cunningham who made this case an easy process and educational. I recommend Jim Cunningham. He is doing a great service. Tyrone, an Auto Accident Client

5 StarsOutstanding Attorney
I was in an automobile accident and didn't know where to turn. My son-in-law recommended James Cunningham and I am so happy I took his advice. James and his staff were very professional and compassionate in guiding me through a difficult time. I highly recommend him. Hilda, an Auto Accident Client

5 StarsExcellent Service
Mr Cunninghan was a consientious, competant attorney and very professional. His service was excellent and we would recommend him highly. Barbara his assistance was also excellent in her services to us both. Lawrence, a Car Accident client

Read Reviews

Request a free 30-minute case evaluation with attorney James O. Cunningham. Request Free Evaluation

Close Form

Receive a free case evaluation.

All submissions are personally reviewed by attorney James O. Cunningham within hours.

padlock 100% Secure and Confidential