The Duty and Proximate Causation Elements in Negligence Actions

A negligence action has four elements a plaintiff must prove: “(1) a duty by defendant to conform to a certain standard of conduct; (2) a breach by defendant of that duty; (3) a causal connection between the breach and injury to plaintiff; and (4) loss or damage to plaintiff.” Las Olas Holding Co. v. Demella, 228 So.3d 97, 102 (Fla. 4th DCA 2017) (quotation omitted). The third element, causal connection, refers to proximate causation. See id. at 106. A recent case discusses both the duty element (a question of law) and proximate causation element (a question of fact) with notable analysis...

24 August

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The Duty of Care Extended to Invitees is Not Boundless

Posted by David Adelstein

in Trial Perspectives

In the previous posting, I write about how the element of duty in a negligence claim is a question of law. It is up for the court to decide and not the jury. However, I did not delve into the facts of the case. The underlying case was a personal injury case. A plaintiff was injured when she parked her car and, instead of using the paved sidewalk, decided to cross a grassy median and stepped on an irrigation box. She sued the defendant in a premise liability negligence action claiming the defendant failed to maintain the grassy median, or adequately...

10 March

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Owner Jointly and Severally Liable for Nondelegable Duty

Posted by David Adelstein

in Trial Perspectives

Previously, I discussed the case of Walters v. Beach Club Villas Condominium, Inc., 2020 WL 912943 (Fla. 3d DCA 2020) as it pertains to the Fabre defense. In this case, the plaintiff--a guest of a condominium unit owner--sued the association and the association’s dock contractor after she injured herself on an unfinished dock. The association hired a dock contractor to repair and replace a dock and the work was unfinished on the date the plaintiff injured herself. The plaintiff claimed the association was jointly and severally liable for the dock contractor’s portion of damages. The appellate court agreed because the association...

01 January

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The Duty of Care Element in a Negligence Action is a Question of Law

Posted by David Adelstein

in Trial Perspectives

There are four elements to proving a negligence (tort) claim: (1) a duty of care; (2) breach of that duty; (3) proximate causation; and (4) damages. Stated differently, the plaintiff must prove that the defendant owed a duty of care to the plaintiff, the defendant breached that duty, and the defendant's breach proximately caused damages to the plaintiff. Whether a duty of care exists is a question of law, meaning it is a question for the court. Cascante v. 50 State Security Service, Inc., 45 Fla. L. Weekly D8a (Fla. 3d DCA 2019). If there is no duty, there is no...

duty of care Tag

The Duty and Proximate Causation Elements in Negligence Actions

The Duty of Care Extended to Invitees is Not Boundless

Owner Jointly and Severally Liable for Nondelegable Duty

The Duty of Care Element in a Negligence Action is a Question of Law