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Florida

Negligence Doctrine: Pure Comparative Negligence

Circuit # 11

Med Pay Subrogation - Yes

PIP Subrogation - No


Statute of Limitations

Statute of Repose: Products 12 years
Statute of Repose: Real Property 10 years
Breach of Contract (Written) 5 years
Personal Property 4 years
Personal Injury 4 years
Wrongful Death 2 years
Medical Malpractice 2 years
Warranty 4 years
Breach of Express Warranty 5 years

ABLE TO PURSUE OWNER

Sue Owner for Negligence - YES

Suspend Owner's License - YES


Deductible Reimbursement

Pro Rata State
 

Automobile insurer will not be held to have violated made-whole doctrine where it returns to its contributorily negligent insured a properly calculated pro rated portion of insured’s collision deductible after recovery in subrogation action
 


Garnishment

YES*
(Note: ALL states allow garnishment for child support, alimony, taxes and federal student loans)
 

Very strict procedures for garnishment:  Florida Statutes §222.11 offers a significant exemption to wage garnishment known as the “head of family” exemption.  The judgment creditor is required to serve a notice of rights to the defendant upon receipt of the employees answer with a form for the defendant to fill out to claim exemptions
 


Parental Responsibility

Minor (Under 18)
Dollar Limit on Parents’ Liability
   No Limits for Auto
   Actual Damages/No Limits for Vandalism
 

Liable for willful destruction or theft of property; Person verifying driver’s license jointly and severally liable
 


Subrogation by Landlord's Carrier against Tenant

Not clear, look to lease


State Specific Information: Subrogation laws and trends are constantly changing. Maybank & Owings, LLC strives to keep the state specific information up to date with reference to applicable case law, statutory law and/or interpretations provided to it by its network of local attorneys for each jurisdiction. However, it is possible the information or citation(s) may become outdated or superseded by new law(s) for the applicable jurisdiction so all users of this site should formerly retain and consult with their own attorney as to any specific claim in the jurisdiction where the claim arose. The state specific information contained on this site should not be construed as legal advice by Maybank & Owings, LLC nor relied on for any specific claim or factual situation. If you have a specific subrogation question or if you notice an error in the information provided on this site, please contact us.

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