Personal Injury for Florida readers: claim timing, notice handling, and practical next moves

HB 837's March 2023 changes affected more than just car accidents — the new 2-year statute of limitations and 51% comparative fault bar apply to personal injury actions generally in Florida. For plaintiffs, the most immediate consequence is the compressed timeline: four years became two, and every Florida personal injury case filed after March 24, 2023 operates under that tighter deadline. Combined with the new fault threshold, Florida's personal injury landscape became noticeably more restrictive in a single legislative session.

Dog Bites: Florida's Strict Liability Rule

Florida Statutes § 767.04 makes dog owners strictly liable for bites that occur in public places or on private property where the victim was lawfully present. There is no one-bite rule in Florida — the dog doesn't need a history of aggression and the owner doesn't need prior knowledge of dangerous propensities. If the dog bites, the owner is liable. The only defenses are: the victim was trespassing (not lawfully on the property), or the victim's own negligence contributed to the bite (which reduces the recovery under comparative fault but doesn't eliminate it for victims who were less than 51% at fault). This is consistent with California's approach but different from Texas's knowledge-based one-bite rule.

Florida also has a separate statute (§ 767.01) imposing liability for other dog injuries beyond bites — running someone down, knocking them over — under a negligence standard. The strict liability standard of § 767.04 applies specifically to bites; other dog-caused injuries may require proving negligence.

Premises Liability in Florida After HB 837

Florida premises liability law was also modified by HB 837. For negligent security cases — where someone is injured on another's property due to a crime facilitated by inadequate security — HB 837 changed the burden allocation for negligent security actions at multifamily residential properties specifically. Property owners at apartments and similar properties can now potentially offset liability against the criminal perpetrator, even though the perpetrator is the primary wrongdoer. This change reflects the broader tort reform intent of reducing property owners' exposure for third-party criminal acts.

General premises liability in Florida still distinguishes between the duty owed to invitees (highest: reasonable care, inspect, warn, remedy), licensees (warn of known dangers, no duty to inspect), and trespassers (no willful harm). Business patrons are invitees and receive the highest duty of care. Slip-and-fall cases against businesses require showing the business knew or should have known of the dangerous condition — Florida courts have applied this requirement strictly, particularly for transitory conditions (liquid on floors) where the plaintiff must show the business had actual or constructive notice of the specific hazard.

Negligent Security Claims

Florida's population density, tourism industry, and numerous large-scale properties (resorts, apartment complexes, parking garages, entertainment venues) generate significant negligent security litigation. A property owner who fails to provide adequate security measures — lighting, fencing, security personnel, working locks — can be liable when a criminal act on the premises harms a lawful visitor. The key elements: the criminal act was foreseeable based on prior incidents or the nature of the property and neighborhood; the inadequate security was a proximate cause of the harm. Crime statistics for the area, prior incidents at the property, and the owner's knowledge of criminal activity all become relevant evidence.

Statute of Repose for Construction Defects

Florida's construction industry, among the largest in the country due to constant development, generates significant construction defect litigation. Florida Stat. § 95.11(3)(c) imposes a 4-year statute of limitations for construction defect claims and a 10-year statute of repose from the date of actual possession or completion, whichever is earlier. For latent defects (those not observable on reasonable inspection), the discovery rule applies within the 10-year outer limit. Florida Stat. § 558 requires a pre-suit notice and inspection process before construction defect litigation — a contractor must receive written notice and an opportunity to inspect and cure before a lawsuit is filed.

Punitive Damages Under Florida's Revised Framework

HB 837 also modified Florida's punitive damages standard. Florida now requires a plaintiff to demonstrate a "reasonable basis" for punitive damages before discovery into the defendant's financial information is permitted. Punitive damages in Florida are capped at three times the compensatory damages or $500,000, whichever is greater. The cap does not apply if the defendant's conduct was specifically directed at the plaintiff with intent to harm, or if the defendant had actual knowledge of the wrongfulness of their conduct and the high probability that it would injure the plaintiff. This is a higher bar than existed before 2023.