Fl vs.

MBE distinctions

1. Negligence is still a huge issue

2. Negligent infliction of emotional distress
a. Physical impact/harm requirement
b. Bystander does not need to suffer any impact/injury
i. Must see what happened
ii. Must suffer anxiety about the safety of others
iii. Plaintiff has close connection
iv. Injury must have occurred within the sensory perception (can see it)
3. Shopkeeper privilege
a. Merchant must have probable cause [MBE is a reasonable standard]
4. Good Samaritan
a. No duty to rescue in Florida
b. Only have to help if you started
5. Physicians/healthcare professionals
a. Owe a standard of doing whatever they could without being reckless
6. Invited licensee
a. Combines both
b. Duty to inspect, warn and make safe
7. Attractive Nuisance
a. Artificial condition
8. Negligence per se
a. Some violation of a statute/ordinance
b. Was the person harmed part of the protected class
9. Medical malpractice
a. Don’t have to worry about this with MBE
b. Negligence of a doctor
c. Reasonable doctor in that situation [higher standard than lay person]
10. Punitive Damages
a. If the plaintiff can show by clear and convincing evidence that the defendant
acted with willful, wanton or gross misconduct
b. 3x your compensatory damages or $500,000
c. Collateral source rule: Whatever my damages are, they will be reduced by some
collateral sources. Such as, federal/state/local disabilities insurances
11. Florida is a pure comparative fault state
a. Portion of damages are portioned off by percentage according to fault
12. Failure to wear a seatbelt is not negligence per se, but it does go to comparative fault
13. If you’re legally drunk and more than 50% responsible for injury, you recover nothing
14. Governmental immunity
a. Liable for negligent acts by employees (not intentional torts)
b. Was government in planning stages or operational stages?
i. Not liable in acting stages
15. Strict liability
a. MBE = wild animal
b. FL = dog bite rule means that owner is responsible even if it’s not a wild animal
16. Public nuisance
a. Includes any build that would annoy the community at large
b. Usually a governmental entity who brings the suit (public official)
17. Defamation
a. Must be a statement of fact, rather than just opinion
b. Malice: public person standard
i. Must be proved by a preponderance of the evidence
18. Intentional interference of a business relationship
a. Same elements, just might pop up
19. Respondeat Superior
a. Needs to do a background check for a presumption of no negligence on employer
20. Dangerous instrumentality
a. Any instrumentality which is capable of causing death or destruction
b. Owner is liable for anything that happens
i. Even if you let someone use it
21. Negligent entrustment
a. Owner of some chattel has reason to know that the person they gave it to is likely,
due to inexperience, youth or otherwise, to use the chattel in an unreasonable
manner or an unreasonable risk of harm, then the owner is responsible
22. Joint and several liability
a. Has been abolished; each part is responsible for its own fault
b. Need to go after each individually
23. Survival action
a. If I die [unrelated to suit], the suit will go on [assuming I sued them before I died;
my estate can keep the suit going]
b. Estate keeps recovery
24. Wrongful death
a. I died because of your negligence, so my estate can bring the suit
b. Estate keeps recovery