Fla. Stat. § 768.81

Comparative Negligence

How much fault you share can now cost you everything. Florida’s 2023 reform means a plaintiff found mostly at fault recovers nothing. Here is how the rule works.

Attorney-Reviewed Statute Resource
Reviewed by Christopher Walsh, Personal Injury Trial Attorney (Fla. Bar #127459). Last reviewed: June 2026

From "Pure" to "Modified"

Before 2023, Florida used pure comparative negligence: even a plaintiff who was 90% at fault could recover the other 10%. The HB 837 reform changed that. Under the amended § 768.81, Florida now uses modified comparative negligence with a 51% bar.

The Governing Statute
Fla. Stat. § 768.81 — Comparative Fault
"In a negligence action, the court shall enter judgment against each party liable on the basis of such party’s percentage of fault [and a claimant more than 50 percent at fault for his or her own harm may not recover damages]."
Read the full statute on Online Sunshine →

The practical rule: if you are found more than 50% at fault for your own injury, you recover nothing. At 50% or less, your recovery is reduced by your percentage of fault.

How It Works

Comparative Negligence — In Practice
You are 20% at fault, damages $100,000: You recover $80,000.

You are 50% at fault: You recover half.

You are 51%+ at fault: You recover nothing.

This makes the fight over percentages of fault central to almost every case — and it is exactly where insurers now focus, trying to push the plaintiff over the 50% line.

The Medical-Malpractice Exception

Importantly, medical malpractice claims are exempt from this change and still follow the older pure comparative negligence standard. That distinction can matter enormously depending on the type of case.

Frequently Asked Questions

Can I still recover if I was partly at fault in Florida?
Yes, as long as you were not more than 50% at fault. Under the amended § 768.81, if you are 50% or less at fault your recovery is reduced by your percentage; if you are 51% or more at fault, you recover nothing.
What is the 51% rule in Florida?
It is Florida’s modified comparative negligence rule after HB 837: a plaintiff found more than 50% responsible for their own injury cannot recover any damages from the other party. Below that threshold, recovery is proportionally reduced.
Does the comparative negligence change apply to medical malpractice?
No. Medical malpractice claims are exempt and still follow pure comparative negligence, meaning a plaintiff can recover a reduced amount even if mostly at fault. This is a key exception to the HB 837 change.

Charged Under This Statute?

A statute on a page is not the same as your case. Talk to an attorney who has handled these charges — free, confidential.

This page summarizes Fla. Stat. § 768.81 for general informational purposes and is not legal advice. Statutes change; while this page is reviewed by a licensed Florida attorney, always verify the current text on the official Online Sunshine source or consult an attorney about your specific situation. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.