FL · jury_instructions
Fla. Std. Jury Instr. (Civ.) 403.19
BURDEN OF PROOF ON DEFENSE ISSUES
If the greater weight of the evidence does not support (defendant’s) defense[s] and the greater weight of the evidence supports (claimant’s) [claim] [one or more of (claimant’s) claims], then [your verdict should be for (claimant) in the total amount of [his] [her] damages.] *[you should decide and write on the verdict form what percentage of the total [negligence] [fault] [responsibility] of [both] [all] defendants you apportion to each defendant whose [negligence] [fault] [responsibility] you find was a legal cause of loss, injury, or damage to (claimant).]
*Use the second bracketed language when there is more than one defendant.
If, however, the greater weight of the evidence shows that both (claimant) and [(defendant)] [one or more of the defendants] [and] [(identify additional person(s) or entit(y)(ies))] were [negligent] [at fault] [responsible] and that the [negligence] [fault] [responsibility] of each contributed as a legal cause of [loss] [injury] [or] [damage] sustained by (claimant), you should decide and write on the verdict form what percentage of the total [negligence] [fault] [responsibility] of [both] [all] parties to this action you apportion to each of them.
Use the following instruction in cases with a comparative negligence defense and an apportionment of a non-party defense:
[If, however, the greater weight of the evidence shows that (claimant) and [(defendant)] [one or more of (defendants)] [and] [(identify additional person(s) or entit(y)(ies))] were [negligent] [at fault] [responsible] and that the [negligence] [fault] [responsibility] of each contributed as a legal cause of [loss] [injury] [or] [damage] sustained by (claimant), you should decide and write on the verdict form what percentage of the total [negligence] [fault] [responsibility] of [both] [all] parties to this action [and] [(identify additional person(s) or entit(y)(ies))] you apportion to each of them.]
Use the following paragraph in cases without a comparative negligence defense but with an apportionment of non-party defense:
[If, however, the greater weight of the evidence shows that [(defendant)] [one or more of (defendants)] and [(identify additional person(s) or entit(y)(ies))] were [negligent] [at fault] [responsible] and that the [negligence] [fault] [responsibility] of each contributed as a legal cause of [loss] [injury] [or] [damage] sustained by (claimant), you should decide and write on the verdict form what percentage of the total [negligence] [fault] [responsibility] of [(defendant(s))] [and] [(identify additional person(s) or entit(y)(ies))] you apportion to each of them.]
Provenance
- Source
- floridabar.org
- Retrieved
- 2026-08-18
- Edition
- 2026-08-18
- Content hash
bab4a37730943d4140a266371aff5c54627bd43723e5734277229ff8560a952d
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