Key Highlights
- What is negligence? When someone suffers an injury due to someone else’s actions or inaction as a result of carelessness, they may have a claim for damages against that person based on negligence.
- Negligence is the cause of many personal injury claims in Florida.
- Negligence has four primary legal elements that must be established in order for an individual to prove negligence. These are duty, breach, causation, and damages.
- Florida has a modified comparative negligence law.
- The Alpha Law Group works with injured Floridians to assist them in proving negligence and obtaining compensation and recovery for their injuries.
What Does Negligent Mean in Florida?
Many people are shocked to discover that the things they do, and do not do, can easily become legally negligent acts. Just by not noticing a hazard, ignoring safety rules or being distracted while driving can lead to severe legal and financial consequences for another person after an accident occurs.
I am Alex J. Kompothecras of Alpha Law Group and as an attorney, I am regularly retained by individuals who have suffered injuries due to another person failing to act responsibly. Many of my clients originally believed their injury was due to “accidental” circumstances however, once I begin to explain how Florida law regards negligent conduct, I am confident that this misconception will change. Under Florida law, negligent conduct is not predicated on “malicious” intent but rather on the individual’s actions (or omissions) in comparison to a reasonable individual in similar circumstances.
The purpose of Alpha Law Group represents an increase in awareness of what constitutes a negligent action and how negligence impacts our everyday lives (for example, determining fault, filing claims against insurance companies, or being able to sue others due to negligent actions). One of the biggest benefits of understanding baby negligence is the ability to protect yourself from the consequences, whether you want to prevent your own negligence or get compensated for damages you incurred due to someone else’s negligent behaviour.
Negligence Explained: A Simple Definition
When someone does not act reasonably in providing care towards someone else in a similar situation, resulting in injury to that person, that person has been negligent.
Legally speaking, tort of negligence (a civil wrong) that causes physical injury and/or damage (i.e., loss or harm). Negligence does not relate to the purposeful intent of the person who caused the physical injury. People are seen as negligent because they are careless (inattention) or have a lack of the ability to carry out some form of a duty (failure to act).
Put simply:
- If someone should have acted more carefully
- And their failure caused harm
- They may be legally negligent
Key Elements of Negligence
To prove negligence in court, four criteria must exist:
1. Duty of Care
The defendant owed the plaintiff a legal duty to act with reasonable care.
Example: A driver has a duty to obey traffic laws and drive safely.
2. Breach of Duty
The defendant failed to meet that standard of care.
Example: Running a red light or texting while driving.
3. Causation (Actual and Proximate)
The breach directly caused the injury, and the harm was foreseeable.
- Actual cause: The action directly led to the injury
- Proximate cause: The injury was a predictable result of the action
4. Damages
The plaintiff suffered real harm, such as physical injury, property damage, or financial loss.
Example of Negligence in Everyday Life
Commonly seen in negligence cases are:
- A speeding vehicle, running through a school zone, and hitting a child who is walking.
- A negligent doctor not diagnosing a health problem correctly due to not paying attention.
- A store leaving a spill on the floor uncleaned, resulting in someone slipping and falling.
- A property owner who does not fix a broken step.
Each example shows someone not acting the way a reasonable person would have acted under the same conditions.
Types of Negligent Acts
Legal negligence is:
- Failure to take appropriate action or to perform a legal obligation (Non-feasance)
- Performing a legal obligation or taking legal action ineffectively (Misfeasance)
- Engaging in illegal or inappropriate actions in relation to a legal obligation (Malfeasance).
Courts look at these types of negligence when deciding what degree of fault or liability (responsibility) may be assessed in any given case.
What Is the Reasonable Person Test?
The Florida court system depends on the reasonable person standard when establishing whether an individual has committed negligence. The essence of the reasonable person standard is:
Not asking: “What did the defendant believe to be a reasonable action?”
Instead, the court will ask: “What would a reasonably prudent person have done had they found themselves in the defendant’s position?”
Using an objective standard operates as a guide to help both the Judge and Jury to determine whether a person’s conduct fell below the acceptable standard of care or not.
How Do You Prove Negligence in Florida?
The most important thing to prove negligence would be through the gathering of evidence. The Alpha Law Group concentrates on:
- Police and accident reports
- Medical records
- Surveillance and traffic camera footage
- Witness testimony
- Expert opinions
- Phone and digital data (when relevant)
The burden of proof lies with the injured party, which is why early legal involvement is so important.
What Are the Different Types of Negligence?
Florida recognizes several types of negligence:
| Type of Negligence |
Description |
| Ordinary Negligence |
Everyday carelessness |
| Gross Negligence |
Extreme lack of care |
| Comparative Negligence |
Shared fault reduces recovery |
| Negligence Per Se |
Violation of a safety law |

Comparative Negligence in Florida
As it relates to the state of Florida, under the state’s modified comparative negligence rule, you cannot recover any damages if you are found to be more than 50% responsible for the incident at hand.
If you are assigned 50% or less of the responsibility for this incident and/or injury you will calculate your entitlement by multiplying your percentage of fault by the amount of compensation that is owed to you by the other party. As such, it is very important to prove that the other party was negligent and to keep your liability as low as possible in order to maximize your compensation.
What Is a Negligence Lawsuit?
A lawsuit for negligence is a civil claim seeking compensation for injuries caused by another party’s carelessness.
Typical damages include:
- Medical expenses
- Lost wages
- Pain and suffering
- Future care costs
Case Study: Proving Negligence in a Florida Injury Claim
By Attorney Alex J. Kompothecras, Alpha Law Group
In Sarasota, Florida, at an intersection, a driver who was waiting at a red light was struck by an impatient driver of another vehicle. There was evidence to support the driver of the other vehicle’s negligence in causing the accident; however, the driver of the other vehicle stated he could not have avoided the accident and did not take responsibility for the accident regardless of whether he had been negligent.
Reviewing the events that led up to this incident allowed our client to establish that the other driver was not paying attention to the road prior to hitting him, which means that the driver acted negligently.
Our objective was to establish that the other driver acted negligently and that our client should not be found liable for the accident; additionally, we wanted to secure the maximum amount of compensation available to our client.
We gathered call logs from both drivers, collected and reviewed accident reports, and interviewed witnesses of the crash to gather information to support the claim that the other driver was distracted when the crash occurred.
Result
The insurance company has accepted responsibility for the damages caused by the accident and has made a timely reimbursement to our client for the above-mentioned medical costs, lost income, and other pain and suffering. In addition, the case demonstrates that an early determination of a negligent act can significantly impact how a case is resolved.
How Alpha Law Group Helps Prove Negligence?
At Alpha Law Group, we focus on:
- Thorough investigations
- Preserving evidence early
- Countering insurance company tactics
- Building strong, fact-based cases
We understand how negligence is evaluated under Florida law and how insurers attempt to minimize claims.
Final Thoughts
Many individuals may view negligence as an easy term to understand, but the implications of negligence can be very serious. Negligent acts may result in injury, damage, lost wages, and extended legal problems following the accident.
Attorneys from The Law Offices of Alpha Law Group have seen the effects of negligence on individuals and families. Educating yourself about negligence and the way it is proven can help you protect your rights and your future.
If you have suffered injuries as a result of another person’s negligent conduct, educating yourself at this time will have a significant impact on your future.
Call (941)-304-1500 today for a free consultation and get clear answers about your options.
Frequently Asked Questions
What Is Negligence in Simple Terms?
When one does not behave responsibly, or when one ignores the laws of nature & their environment, that is simple negligence. In fact, according to the law, negligence is defined as that type of behaviour or conduct; however, many courts have accepted different interpretations based on various types of factors, including actions taken, knowledge, experience, environment, risk factors, etc.
What Are the 4 Elements of Negligence?
In order to prove negligence, four elements are necessary:
- The defendant had a legal duty not to be careless
- The defendant breached this duty
- The breach was the cause of the injury or harm suffered by the plaintiff
- The plaintiff has suffered a quantifiable amount of harm as a result of that breach (or injury).
How Do You Prove Negligence in Florida?
To prove a negligence claim in Florida, you need to provide evidence showing that there was a duty owed to you by the person/business; a breach on their part; an actual connection between the person’s actions and your injury; and quantifiable damages. Evidence can include police reports, medical records, testimony from witness(es), expert opinion(s), etc.
What Are the 4 Types of Negligence?
There are several different categories of negligence:
- Ordinary Negligence
- Gross Negligence
- Comparative Negligence
- Negligence Per Se (involves violation of safety statutes).
What Is Comparative Negligence in Florida?
Florida’s Comparative Negligence Statutes provide for a system of comparative negligence, which reduces awards based upon the percentage of negligence, and allows recovery if one party has less than 50 percent negligence.