TortsProf Blog

Editor: Christopher J. Robinette
Southwestern Law School

Monday, May 22, 2023

Tort Reform in Florida

Recent tort reform in Florida is a major story that I have yet to cover.  In late March, Governor DeSantis signed into law a significant tort reform package that changed Florida law in a number of ways:

  • A century-old law in Florida provided for "one-way" attorneys' fees, pursuant to which insurance companies had to pay the attorneys' fees of any policyholder who successfully sued the insurer.  Under the new law, each side will pay their own fees.
  • Bad faith claims against insurers were limited, allowing insurers to pay the claim or the lesser end of the policy limits within 90 days.
  • In negligence cases, pure comparative fault was replaced by the modified 50% rule.
  • The negligence statute of limitations was reduced from 4 to 2 years.
  • In premises liability cases, the jury must now consider the fault of a third-party criminal attacker.

There has been a flood of filings as attorneys try to get their clients' cases filed before the changes take effect.  Coverage is here and here.  Thanks to Kelsey Cohen for the tip.

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