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Florida Torts provides a comprehensive review and analysis of virtually every theory of liability recognized under Florida tort law. It includes excellent step-by-step guidance through major types of personal injury cases in Florida, and covers each phase of a personal injury case, from initial investigation through discovery, and through post-trial motions, settlement and insurance. Each chapter covers parties involved, where incident occurred, instrumentalities, and types of occurrences. Florida Torts also includes helpful checklists, sample forms and research guides. Click the chapter links below to learn more, and purchase by chapter.
Chapter 1: Duty and Breach
This chapter provides a general overview of the concept of duty as a required element of actionable negligence. It examines the circumstances under which a duty to exercise care will be imposed on a person or entity and discusses the standard or degree of care required to discharge that duty.
Chapter 2: Causation
Establishment of causation is essential to obtaining relief in a negligence action. Even if duty and breach are proved, negligence is not actionable without the demonstration of a causal connection between the negligence and the injury for which relief is sought. This chapter provides a thorough discussion of the causation element.
Chapter 3: Proof of Negligence
This chapter provides a thorough discussion of the challenges involved in proving negligence in the trial of an action for negligence. The chapter first discusses burdens of proof, production, and persuasion. The chapter goes on to examine presumptions and inferences, covering their impact on the defendant's burden of proof.
Chapter 4: Defenses and Apportionment of Liability
This chapter discusses defenses to a negligence action and the system of apportionment of liability that has emerged in Florida since 1973. First, a Legal Background provides a general summary of the defenses available in a negligence action. Next, the chapter provides a Practice Guide, which surveys procedural issues particular to defenses generally, as well as to actions that involve comparative negligence specifically.
Chapter 5: Immunity from Liability
This chapter discusses the immunity of specific persons and private entities from liability in negligence actions pursuant to Florida law. First, the chapter provides an overview of the doctrines of interspousal immunity and intrafamily immunity, examining how statutory and judicial exceptions continue to erode such immunities. The chapter goes on to discuss statutory immunities granted to persons who assist in emergency situations, then continues with an examination of the limited circumstances in which charitable institutions retain immunity from suit.
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