Understanding Florida’s Joint and Several Liability Rules in Personal Injury Cases

Introduction

When multiple parties contribute to an accident or injury, determining liability can become complicated. Florida previously followed a joint and several liability rule, which allowed injury victims to recover full compensation from any one of the at-fault parties. However, changes in Florida law now limit how damages are divided among responsible parties.

This guide explains how Florida’s current joint and several liability laws work, how fault is allocated among multiple defendants, and what injury victims need to know when pursuing compensation from multiple parties.

What Is Joint and Several Liability?

Joint and several liability is a legal principle that holds multiple defendants responsible for paying damages in a lawsuit. Under this rule, if multiple parties are found liable for an injury, the victim could recover the full amount of damages from any one of them, regardless of their percentage of fault. The paying defendant could then seek contribution from the other responsible parties.

Florida used to follow this system but has since changed its approach to liability and damages.

Florida’s Shift to Pure Comparative Fault

In 2006, Florida abolished joint and several liability for most personal injury cases and adopted a pure comparative faultsystem. Under this rule:

• Each defendant is responsible for paying only their percentage of fault.
• A defendant who is only 20 percent at fault will only pay 20 percent of the total damages.
• A plaintiff’s compensation is also reduced by their percentage of fault.

For example, if a jury awards $100,000 in damages and finds three defendants liable as follows:

• Defendant A: 50 percent at fault
• Defendant B: 30 percent at fault
• Defendant C: 20 percent at fault

Defendant A would pay $50,000, Defendant B would pay $30,000, and Defendant C would pay $20,000.

If the plaintiff was also found 10 percent at fault, their total recovery would be reduced to $90,000.

How Florida’s Joint and Several Liability Change Affects Injury Cases

The elimination of joint and several liability in most personal injury cases means that injury victims must now prove each defendant’s percentage of fault in order to recover full compensation. This change has significant implications for cases involving:

• Multi-vehicle car accidents where multiple drivers contributed to the crash
• Product liability cases where multiple manufacturers or distributors were involved
• Medical malpractice claims where multiple healthcare providers played a role in the injury
• Slip and fall cases where responsibility is shared between a property owner and a third-party contractor

Because fault must be assigned accurately, gathering strong evidence and expert testimony is crucial for maximizing compensation.

Exceptions to Florida’s Comparative Fault Rule

While Florida has largely eliminated joint and several liability, there are a few exceptions where a party may still be held responsible for the full amount of damages. These include:

• Cases involving intentional misconduct, such as assault or fraud
• Situations where one defendant is contractually obligated to indemnify another party
• Certain cases involving vicarious liability, such as employer responsibility for employee actions

Understanding when these exceptions apply can help injury victims determine their best legal strategy.

Challenges in Cases With Multiple Defendants

Pursuing a personal injury claim against multiple parties can be more complex than a standard claim. Some challenges include:

• Defendants shifting blame onto each other or the plaintiff
• Insurance companies disputing liability and refusing to pay their fair share
• The need for expert testimony to accurately determine fault percentages
• Complex settlement negotiations when multiple parties are involved

Without joint and several liability, injury victims must carefully identify all responsible parties to ensure they receive full compensation.

Steps to Take After an Accident Involving Multiple Liable Parties

If an accident involves multiple at-fault parties, taking the right steps can help preserve your right to fair compensation:

1. Document the accident scene by taking photos, gathering witness statements, and obtaining police reports.
2. Seek medical treatment immediately to establish a clear record of injuries.
3. Identify all potentially liable parties, including property owners, businesses, employers, and manufacturers.
4. Consult a personal injury attorney to develop a strategy for proving fault and securing compensation from multiple sources.

How a Personal Injury Attorney Can Help

An experienced personal injury attorney can:

• Investigate the accident to determine all potentially liable parties
• Work with accident reconstruction specialists to assign fault percentages
• Negotiate with multiple insurance companies to ensure full compensation
• Handle litigation if settlement negotiations fail

At Bonderud Law, we represent injury victims in complex cases involving multiple defendants. If you need help navigating Florida’s comparative fault system, contact us today for a free consultation.

Conclusion

Florida’s shift from joint and several liability to pure comparative fault means that injury victims must now prove each defendant’s percentage of fault to recover full compensation. While this change prevents any one defendant from being unfairly burdened, it also makes injury claims more complicated, particularly in cases with multiple at-fault parties.

If you have been injured in an accident involving multiple responsible parties, consulting with an attorney can help ensure that you receive the compensation you deserve.