|
Negligence / Personal Injury
4 Years4 years with Discovery Rule
Products Liability
4 YearsSOL: 4 years with Discovery Rule
Statute of Repose: 12 years except if plaintiff was exposed to product within repose period but injury did not manifest itself until after SOR expired, or there was an active concealment of defect. Under Florida law, fraudulent concealment requires the defendants to engage in the willful concealment of the cause of action using fraudulent means to achieve that concealment.
Wrongful Death
2 Years2 years from date of death. (Florida's delayed discovery rule found not to apply to extend accrual date in wrongful death action brought by family of decedent against manufacturer of insecticide, alleging that insecticide sprayed in decedent's neighborhood caused decedent's death; a plain reading of the statutory text demonstrated that the delayed discovery rule applied only to products liability actions, not wrongful death actions.)
Medical Malpractice
2 Years2 years with discovery rule (maximum 4 years from the malpractice). SOL applies to minors 8 and older. Infant must bring suit by 8th birthday or within SOL whichever is greater. (When nature of bodily damage that occurs during medical treatment is such that, in and of itself, it communicates possibility of medical negligence, then statute of limitations begins to run; however, if there is nothing about injury that would communicate to reasonable lay person that injury is more likely the result of some failure of medical care than a natural occurrence that can arise in absence of medical negligence, knowledge of injury itself does not necessarily trigger running of statute of limitations.)
Intentional Torts
4 YearsIntentional Torts (most): 4 years.
Professional Malpractice
2 Years 2 years with discovery rule.
Fraud
4 Years4 Years for legal or equitable action founded on fraud.
Discovery Rule
Statute of Limitations runs from when injury is, or should have been, discovered. See specific rule for medical malpractice. Under Florida law, the "delayed discovery doctrine" generally provides that a cause of action does not accrue until the plaintiff either knows or reasonably should know of the tortious act giving rise to the cause of action.
Disabilities
Incapacity of plaintiff, maximum 7 years for injury. Rule does not apply to medical malpractice. Infants generally have 4 years except in medical malpractice cases – see above.
Damages
Double damages against defendant leaving unenclosed pit or hole.
Charitable Immunity
Abolished.
Comparative Negligence
Comparative negligence applies, however, numerous special rules apply to amounts to percentages of fault and their effect on liability and damage awards.
Sovereign Immunity
Waived only when employee is acting within scope and not acting in bad faith. Allowed only up to limit of insurance coverage. Requires prior written notice within 3 years of incident, must have notice in writing after injury to municipality and department of insurance.
Punitive Damages
Plaintiff must first demonstrate a reasonable basis for recovery of punitive damages. Then, plaintiff must prove intentional conduct or gross negligence by clear and convincing proof.
Caps: Three times compensatory damages or $500,000 unless plaintiff demonstrates to court by clear and convincing evidence that a greater award is not excessive.
Consumer Fraud Complaint
Florida Office of the Attorney General, Consumer Protection
http://myfloridalegal.com/consumer
(850)414-3300
(866)966-7226 (Fraud Hotline) |
