FLORIDA

Negligence / Personal Injury
4 Years Actions other than for recovery of real property shall be commenced as follows:
(3) Within four years.--
(a) An action founded on negligence. Fla. Stat. Ann. § 95.1
Toxic Tort
4 Years Actions other than for recovery of real property shall be commenced as follows:
(3) Within four years.--
(p) Any action not specifically provided for in these statutes. Fla. Stat. Ann. § 95.11
Wrongful Death
2 Years

Actions other than for recovery of real property shall be commenced as follows:
(4) Within two years.--
(d) An action for wrongful death.

Medical Malpractice
2 Years An action for medical malpractice shall be commenced within two years from the time the incident giving rise to the action occurred or within two years from the time the incident is discovered, or should have been discovered with the exercise of due diligence. Florida Statute Annotated §95.11 (4)(b).
Malpractice (Other Professions)
2 Years with discovery rule.
Products Liability
4 Years

Actions other than for recovery of real property shall be commenced as follows:
(3) Within four years.--
(e) An action for injury to a person founded on the design, manufacture, distribution, or sale of personal property that is not permanently incorporated in an improvement to real property, including fixtures.
(p) Any action not specifically provided for in these statutes. Fla. Stat. Ann. § 95.1

Discovery:

Actions for products liability must be begun within four years from the time facts giving rise to the cause of action were actually discovered by the claimant or should have been discovered by the claimant with the exercise of due diligence, whichever is earlier. Carter v. Brown & Williamson Tobacco Corp., 778 So. 2d. 932, 936 (Fl. 2000).

Statute of Repose- (b) An action for products liability under s. 95.11(3) must be begun within the period prescribed in this chapter, with the period running from the date that the facts giving rise to the cause of action were discovered, or should have been discovered with the exercise of due diligence, rather than running from any other date prescribed elsewhere in s. 95.11(3), except as provided within this subsection. Under no circumstances may a claimant commence an action for products liability, including a wrongful death action or any other claim arising from personal injury or property damage caused by a product, to recover for harm allegedly caused by a product with an expected useful life of 10 years or less, if the harm was caused by exposure to or use of the product more than 12 years after delivery of the product to its first purchaser or lessee who was not engaged in the business of selling or leasing the product or of using the product as a component in the manufacture of another product. All products, except those included within subparagraph 1. or subparagraph 2., are conclusively presumed to have an expected useful life of 10 years or less. Fla. Stat. Ann. § 95.031

Intentional Torts
4 Years

for most intentional torts.

Fraud
4 Years Actions other than for recovery of real property shall be commenced as follows:
(3) Within four years.--
(j) A legal or equitable action founded on fraud. Fla. Stat. Ann. § 95.11
Municipal Liability/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. Lawsuit can be started after claim is denied.
State, or subdivision thereof waives sovereign immunity up to $100,000 per person and $200,000 per incident or occurrence.
Discovery Rule
SOL 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.
Comparative Negligence
Comparative negligence applies, however, numerous special rules apply to amounts to percentages of comparative fault and their effect on liability and damage awards.
Charitable Immunity
Abolished
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.
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.
No-Fault Insurance
Applies
Consumer Fraud Complaint
Florida Office of the Attorney General, Consumer Protection
http://myfloridalegal.com/consumer
(850)414-3300
(866)966-7226 (Fraud Hotline)

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Port Washington, NY 11050
Phone: 516.466.6500

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Teaneck, NJ 07666
Phone: 973.297.1020

FLORIDA OFFICE

3301 Bonita Beach Road
Bonita Springs, Florida 34134
Phone: 239.390.1000