§ 768.041 Release or covenant not to sue
§ 768.0415 Liability for injury to parent
§ 768.042 Damages
§ 768.0425 Damages in actions against contractors for injuries sustained from negligence, malfeasance, or misfeasance
§ 768.0427 Admissibility of evidence to prove medical expenses in personal injury or wrongful death actions; disclosure of letters of protection; recovery of past and future medical expenses damages
§ 768.043 Remittitur and additur actions arising out of operation of motor vehicles
§ 768.07 Railroad liability for injury to employees
§ 768.0701 Premises liability for criminal acts of third parties
§ 768.0705 Limitation on premises liability
§ 768.0706 Multifamily residential property safety and security; presumption against liability
§ 768.075 Immunity from liability for injury to trespassers on real property
§ 768.0755 Premises liability for transitory foreign substances in a business establishment
§ 768.08 Liability of corporations having relief department for injury to employees; contracts in violation of act void
§ 768.0895 Limitation of liability for employers of persons with disabilities
§ 768.091 Employer liability limits; ridesharing
§ 768.092 Special mobile equipment; liability of lessors
§ 768.093 Owner liability limits; powered shopping carts
§ 768.095 Employer immunity from liability; disclosure of information regarding former or current employees
§ 768.096 Employer presumption against negligent hiring
§ 768.098 Limitation of liability for employee leasing
§ 768.0981 Limitation on actions against insurers, prepaid limited health service organizations, health maintenance organizations, or prepaid health clinics
§ 768.10 Pits and holes not to be left open
§ 768.11 Pits and holes; measure of damages
§ 768.12 Motor vehicle colliding with any animal at large on a public highway
§ 768.125 Liability for injury or damage resulting from intoxication
§ 768.1256 Government rules defense
§ 768.1257 State-of-the-art defense for products liability
§ 768.128 Hazardous spills; definitions; persons who assist in containing or treating spills; immunity from liability; exceptions
§ 768.13 Good Samaritan Act; immunity from civil liability
§ 768.1315 Good Samaritan Volunteer Firefighters’ Assistance Act; immunity from civil liability
§ 768.1325 Cardiac Arrest Survival Act; immunity from civil liability
§ 768.1326 Placement of automated external defibrillators in state buildings; rulemaking authority
§ 768.1335 Emergency Medical Dispatch Act; presumption
§ 768.1345 Professional malpractice; immunity
§ 768.135 Volunteer team physicians; immunity
§ 768.1355 Florida Volunteer Protection Act
§ 768.136 Liability for canned or perishable food distributed free of charge
§ 768.137 Definition; limitation of civil liability for certain farmers; exception
§ 768.138 Interruption of electric utility service by order of law enforcement; immunity
§ 768.1382 Streetlights, security lights, and other similar illumination; limitation on liability
§ 768.139 Rescue of vulnerable person or domestic animal from a motor vehicle; immunity from civil liability
§ 768.14 Suit by state; waiver of sovereign immunity
§ 768.16 Wrongful Death Act
§ 768.17 Legislative intent
§ 768.18 Definitions
§ 768.19 Right of action
§ 768.20 Parties
§ 768.21 Damages
§ 768.22 Form of verdict
§ 768.23 Protection of minors and incompetents
§ 768.24 Death of a survivor before judgment
§ 768.25 Court approval of settlements
§ 768.26 Litigation expenses
§ 768.28 Waiver of sovereign immunity in tort actions; recovery limits; civil liability for damages caused during a riot; limitation on attorney fees; statute of limitations; exclusions; indemnification; risk management programs
§ 768.295 Strategic Lawsuits Against Public Participation (SLAPP) prohibited
§ 768.31 Contribution among tortfeasors
§ 768.35 Continuing domestic violence
§ 768.36 Alcohol or drug defense
§ 768.37 Limitation on civil liability arising from long-term consumption of food and nonalcoholic beverages
§ 768.38 Liability protections for COVID-19-related claims
§ 768.381 COVID-19-related claims against health care providers
§ 768.382 Limitation of liability for certain voluntary engineering or architectural services
§ 768.39 Immunity for educational institutions for actions related to the COVID-19 pandemic
§ 768.395 Roller skating rink safety

Terms Used In Florida Statutes > Chapter 768 > Part I - General Provisions

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Benefit: means gain or advantage, or anything regarded by the person to be benefited as a gain or advantage, including the doing of an act beneficial to any person in whose welfare he or she is interested, including any commission, gift, gratuity, property, commercial interest, or any other thing of economic value not authorized by law. See Florida Statutes 838.014
  • Bid: includes a response to an "invitation to bid" "invitation to negotiate" "request for a quote" or "request for proposals" as those terms are defined in…. See Florida Statutes 838.014
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dependent: A person dependent for support upon another.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Donor: The person who makes a gift.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executor: A male person named in a will to carry out the decedent
  • Fiduciary: A trustee, executor, or administrator.
  • Fraud: Intentional deception resulting in injury to another.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Governmental entity: means an agency or entity of the state, a county, municipality, or special district or any other public entity created or authorized by law. See Florida Statutes 838.014
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Harm: means pecuniary or other loss, disadvantage, or injury to the person affected. See Florida Statutes 838.014
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Jurisprudence: The study of law and the structure of the legal system.
  • Juror: A person who is on the jury.
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • minor: includes any person who has not attained the age of 18 years. See Florida Statutes 1.01
  • oath: includes affirmations. See Florida Statutes 1.01
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
  • Personal property: All property that is not real property.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • political subdivision: include counties, cities, towns, villages, special tax school districts, special road and bridge districts, bridge districts, and all other districts in this state. See Florida Statutes 1.01
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Public contractor: means , for purposes of ss. See Florida Statutes 838.014
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Public servant: means :
    (a) Any officer or employee of a governmental entity, including any executive, legislative, or judicial branch officer or employee;
    (b) Any person, except a witness, who acts as a general or special magistrate, receiver, auditor, arbitrator, umpire, referee, consultant, or hearing officer while performing a governmental function; or
    (c) A candidate for election or appointment to any of the officer positions listed in this subsection, or an individual who has been elected to, but has yet to officially assume the responsibilities of, public office. See Florida Statutes 838.014
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Service: means any kind of activity performed in whole or in part for economic benefit. See Florida Statutes 838.014
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Verdict: The decision of a petit jury or a judge.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • writing: includes handwriting, printing, typewriting, and all other methods and means of forming letters and characters upon paper, stone, wood, or other materials. See Florida Statutes 1.01