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FLORIDA AUTO INSURANCE GUIDE

Florida Modified Comparative Fault & the Greater-Than-50% Bar

Florida uses modified comparative fault under Fla. Stat. § 768.81. For negligence actions covered by the current statute, a party found to be greater than 50% at fault for the party’s own harm may not recover damages; at 50% or less, damages are reduced in proportion to fault.

  • A claimant at exactly 50% fault may recover 50% of otherwise recoverable damages.
  • A claimant at 51% or greater fault is barred in covered negligence actions.
  • The statute contains an exception for actions for damages for personal injury or wrongful death arising out of medical negligence.
  • Analyze allocation, nonparty fault and settlement effects together with current § 768.81.

Primary Florida Source

Fla. Stat. § 768.81 — Comparative Fault

Current-law review: September 16, 2026. The greater-than-50% bar applies under the current statute, subject to statutory exceptions.