Florida's new reforms have far-reaching implications for the restaurant and hospitality sector.

Author: Jay Gates

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On March 24, 2023, Florida implemented significant tort law reforms that structurally change litigation claims for negligence and injury. These reforms have far-reaching implications across all business insurance and risk management practices, and particularly for those in the restaurant and hospitality sector.

Here are key changes:

  • Because of a shift from comparative to modified negligence, a plaintiff can no longer claim damages if deemed more than 50% at fault.
  • The statute of limitations for general negligence has been reduced from four to two years for all causes of action.
  • The one-way statutory entitlement for payment of legal costs relating to disputes with insurers has been eliminated.
  • Medical expense claims have been capped.

As an insurance holder, you should review existing policies with these changes in mind. You should:

  • Understand the modified liability
  • Revisit coverage limits
  • Assess the impact on personal injury
  • Evaluate overall insurance needs

To learn more about Florida's reforms and their implications, read our whitepaper, Florida Tort Law Reform.

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