What Counts as Negligence in Florida—And Why It Matters in Your Case

In any personal injury case, one of the most important questions we have to answer is this:
“Was someone negligent?”

Negligence is the foundation of most injury claims. It’s what separates a genuine accident from legal responsibility. But a lot of people don’t fully understand what counts as negligence—or how it’s proven.

If you’ve been hurt in a car crash, slip and fall, or any type of accident here in Florida, let me break it down for you. This will help you understand how we build your case and why even partial fault doesn’t always mean you’re out of options.

What Is Negligence?

In simple terms, negligence means someone failed to act with reasonable care—and their actions (or lack of action) caused harm to someone else.

In Florida, proving negligence requires four elements:

1. Duty of Care
   The person had a legal responsibility to act safely (e.g., a driver must follow traffic laws).

2. Breach of Duty
   They failed to meet that responsibility (e.g., ran a red light or texted while driving).

3. Causation
   That failure directly caused your injury.

4. Damages
   You suffered actual harm—medical bills, lost income, pain, etc.

If all four of these are present, you may have a valid personal injury claim.

Examples of Negligence in Everyday Accidents

Here are a few real-world examples of what counts as negligence in Florida:

• Car Accidents:
  Speeding, distracted driving, DUI, failure to yield, or tailgating.

• Slip and Fall Injuries:
  A business failing to clean up spills, fix broken stairs, or provide proper lighting.

• Medical Malpractice:
  A doctor misdiagnosing a patient or performing surgery without following accepted medical standards.

• Dog Bites:
  A dog owner not controlling a known aggressive animal.

• Property Accidents:
  A landlord ignoring complaints about dangerous conditions like mold, faulty wiring, or uneven walkways.

Florida’s Comparative Negligence Rule

Florida follows a modified comparative negligence system. This means:

• If you’re partially at fault, your compensation can be reduced by your percentage of fault.

• If you’re found to be more than 50% at fault, you may not recover damages at all.

Example:
If you’re awarded $100,000 in damages, but the court finds you 20% at fault, you’d still receive $80,000.

This is why it’s so important to have an attorney on your side—to fight back against exaggerated claims of fault from insurance companies.

How We Prove Negligence

At Chatenka Injury Law, I gather evidence to clearly show how the other party was negligent. That may include:

• Police reports

• Surveillance footage

• Eyewitness testimony

• Photos of the scene

• Expert witnesses (like accident reconstructionists or medical experts)

• Maintenance logs or safety records (in premises liability cases)

My job is to connect the dots between their actions and your injuries—and to build a case that insurance companies can’t ignore.

Final Thoughts

Negligence is the core of every personal injury case. If someone else’s careless or reckless behavior caused you harm, they should be held accountable—and you deserve compensation.

If you’ve been injured and aren’t sure whether negligence applies to your case, call Chatenka Injury Law today for a free consultation.
I’ll review the facts, explain your rights, and fight to get you the justice you deserve.