Comparative fault

Common Elements summary — Section 768.81 is Florida's comparative-fault statute. In a negligence action the court must enter judgment against each party on the basis of that party's percentage of fault, and not on the basis of the doctrine of joint and several liability — with limited exceptions. In 2023, Florida moved from a pure comparative-fault system to a modified comparative-fault system: a plaintiff who is found more than 50% at fault recovers nothing. For HOA and COA boards this is the single most important section in Chapter 768. It means that even when the association is partly at fault, its exposure is limited to its proportionate share — typically less than 50% in most cases involving third-party vendors or plaintiff conduct. It also means that aggressive plaintiff-fault arguments can eliminate liability entirely under the 50% bar. The 2023 amendment is fact-pattern-specific. Claims that accrued before March 24, 2023 are governed by the old pure-comparative-fault rule. Claims accruing after that date get the modified rule. If your association has a claim near the cutoff, your defense counsel should be all over the date-of-accrual analysis.

Not legal advice. Click through to the official source for statutory text.