DOES COMPARATIVE FAULT APPLY TO GOLF CARTS IN FLORIDA?
Yes. “Comparative Fault” applies to injury and property damage cases in Florida, including those involving golf carts. This law arises from a 1973 Florida Supreme Court case known as Hoffman v. Jones. In that case the Florida Supreme Court installed comparative fault in personal injury and property damage cases. The theory behind this was two-fold. 1. That the at-fault person/entity only pay for the damages they caused, but also, 2. So that the injured person could recover for injuries and losses sustained based upon their negligence in the incident.
Prior to 1973 if an injured person was “contributorily negligent” in their own injuries then they could not recover from a truly at-fault person/entity. Before the Florida Supreme Court changed the law, a person who was substantially at-fault in an accident could simply claim that the injured person also “contributed” to the accident. As one may imagine, this lead to unfair outcomes. The Florida Supreme Court knocked out “contributory negligence” and many other defenses with the Hoffman case.
Now, an at-fault person bears responsibility for only the amount of their negligence, and the same for the claimant. So if a jury decides the “fault” for an incident is 99% against a negligent person, then the claimant recovers 99% of the “damages” they are seeking.
COMPARATVE FAULT DOES APPLY TO GOLF CART INJURY CASES IN FLORIDA
When a crash occurs between two golf carts, comparative fault is applied to that crash. And the same is true with regard to an automobile-versus-golf cart crash. We do not handle dogbite cases—we are golf cart attorneys—but even in a dogbite situation, “comparative fault” applies between the dog owner and the victim in Florida.
GOLF CARTS ARE NOT AUTOMOBILE CASES
There is a difference in the laws between golf carts and automobiles. When you have a golf car accident or golf cart injuries you should contact a law firm who has handled these cases and knows the laws specific to golf carts.
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