reglab/housing_qa huggingface dataset:
FL Stat § 768.041 (2021)
2021 Florida Statutes|Title XLV - Torts|Chapter 768 - Negligence|Part I - General Provisions (Ss. 768.041-768.39)|768.041 - Release or covenant not to sue.

768.041 Release or covenant not to sue.—(1) A release or covenant not to sue as to one tortfeasor for property damage to, personal injury of, or the wrongful death of any person shall not operate to release or discharge the liability of any other tortfeasor who may be liable for the same tort or death.(2) At trial, if any defendant shows the court that the plaintiff, or any person lawfully on her or his behalf, has delivered a release or covenant not to sue to any person, firm, or corporation in partial satisfaction of the damages sued for, the court shall set off this amount from the amount of any judgment to which the plaintiff would be otherwise entitled at the time of rendering judgment and enter judgment accordingly.(3) The fact of such a release or covenant not to sue, or that any defendant has been dismissed by order of the court shall not be made known to the jury.History.—ss. 1, 2, 3, ch. 57-395; s. 45, ch. 67-254; s. 1158, ch. 97-102.Note.—Former s. 54.28.
FL Stat § 768.0415 (2021)
2021 Florida Statutes|Title XLV - Torts|Chapter 768 - Negligence|Part I - General Provisions (Ss. 768.041-768.39)|768.0415 - Liability for injury to parent.

768.0415 Liability for injury to parent.—A person who, through negligence, causes significant permanent injury to the natural or adoptive parent of an unmarried dependent resulting in a permanent total disability shall be liable to the dependent for damages, including damages for permanent loss of services, comfort, companionship, and society. This section shall apply to acts of negligence occurring on or after October 1, 1988.History.—s. 1, ch. 88-173.
FL Stat § 768.042 (2021)
2021 Florida Statutes|Title XLV - Torts|Chapter 768 - Negligence|Part I - General Provisions (Ss. 768.041-768.39)|768.042 - Damages.

768.042 Damages.—In any action brought in the circuit court to recover damages for personal injury or wrongful death, the amount of general damages shall not be stated in the complaint, but the amount of special damages, if any, may be specifically pleaded and the requisite jurisdictional amount established for filing in any court of competent jurisdiction.History.—ss. 8, 9, ch. 75-9; s. 161, ch. 2020-2.
FL Stat § 768.0425 (2021)
2021 Florida Statutes|Title XLV - Torts|Chapter 768 - Negligence|Part I - General Provisions (Ss. 768.041-768.39)|768.0425 - Damages in actions against contractors for injuries sustained from negligence, malfeasance, or misfeasance.

768.0425 Damages in actions against contractors for injuries sustained from negligence, malfeasance, or misfeasance.—(1) For purposes of this section only, the term “contractor” means any person who contracts to perform any construction or building service which is regulated by any state or local law, including, but not limited to, chapters 489 and 633; and the term “consumer” means a person who contracts for the performance of any construction or building service which is regulated by any state or local law, including, but not limited to, chapters 489 and 633.(2) In any action against a contractor for injuries sustained resulting from the contractor’s negligence, malfeasance, or misfeasance, the consumer shall be entitled to three times the actual compensatory damages sustained in addition to costs and attorney’s fees if the contractor is neither certified as a contractor by the state nor licensed as a contractor pursuant to the laws of the municipality or county within which she or he is conducting business.History.—ss. 12, 16, ch. 87-310; s. 21, ch. 88-149; ss. 22, 23, ch. 88-156; s. 1159, ch. 97-102.Note.—Former s. 489.5331.
FL Stat § 768.043 (2021)
2021 Florida Statutes|Title XLV - Torts|Chapter 768 - Negligence|Part I - General Provisions (Ss. 768.041-768.39)|768.043 - Remittitur and additur actions arising out of operation of motor vehicles.

768.043 Remittitur and additur actions arising out of operation of motor vehicles.—(1) In any action for the recovery of damages based on personal injury or wrongful death arising out of the operation of a motor vehicle, whether in tort or in contract, wherein the trier of fact determines that liability exists on the part of the defendant and a verdict is rendered which awards money damages to the plaintiff, it shall be the responsibility of the court, upon proper motion, to review the amount of such award to determine if such amount is clearly excessive or inadequate in light of the facts and circumstances which were presented to the trier of fact. If the court finds that the amount awarded is clearly excessive or inadequate, it shall order a remittitur or additur, as the case may be. If the party adversely affected by such remittitur or additur does not agree, the court shall order a new trial in the cause on the issue of damages only.(2) In determining whether an award is clearly excessive or inadequate in light of the facts and circumstances presented to the trier of fact and in determining the amount, if any, that such award exceeds a reasonable range of damages or is inadequate, the court shall consider the following criteria:(a) Whether the amount awarded is indicative of prejudice, passion, or corruption on the part of the trier of fact.(b) Whether it clearly appears that the trier of fact ignored the evidence in reaching the verdict or misconceived the merits of the case relating to the amounts of damages recoverable.(c) Whether the trier of fact took improper elements of damages into account or arrived at the amount of damages by speculation or conjecture.(d) Whether the amount awarded bears a reasonable relation to the amount of damages proved and the injury suffered.(e) Whether the amount awarded is supported by the evidence and is such that it could be adduced in a logical manner by reasonable persons.(3) It is the intent of the Legislature to vest the trial courts of this state with the discretionary authority to review the amounts of damages awarded by a trier of fact, in light of a standard of excessiveness or inadequacy. The Legislature recognizes that the reasonable actions of a jury are a fundamental precept of American jurisprudence and that such actions should be disturbed or modified only with caution and discretion. However, it is further recognized that a review by the courts in accordance with the standards set forth in this section provides an additional element of soundness and logic to our judicial system and is in the best interests of the citizens of Florida.History.—s. 41, ch. 77-468; s. 283, ch. 79-400.
FL Stat § 768.07 (2021)
2021 Florida Statutes|Title XLV - Torts|Chapter 768 - Negligence|Part I - General Provisions (Ss. 768.041-768.39)|768.07 - Railroad liability for injury to employees.

768.07 Railroad liability for injury to employees.—If any person is injured by a railroad company by the running of the locomotives or cars, or other machinery of such company, the person being at the time of such injury an employee of the company, and the damage was caused by negligence of another employee, and without fault or negligence on the part of the person injured, her or his employment by the company shall be no bar to a recovery. No contract which restricts such liability shall be legal or binding.History.—s. 3, ch. 4071, 1891; GS 3150; RGS 4966; CGL 7053; s. 1160, ch. 97-102.
FL Stat § 768.0705 (2021)
2021 Florida Statutes|Title XLV - Torts|Chapter 768 - Negligence|Part I - General Provisions (Ss. 768.041-768.39)|768.0705 - Limitation on premises liability.

768.0705 Limitation on premises liability.—The owner or operator of a convenience business that substantially implements the applicable security measures listed in ss. 812.173 and 812.174 shall gain a presumption against liability in connection with criminal acts that occur on the premises and that are committed by third parties who are not employees or agents of the owner or operator of the convenience business.History.—s. 18, ch. 99-225.
FL Stat § 768.0755 (2021)
2021 Florida Statutes|Title XLV - Torts|Chapter 768 - Negligence|Part I - General Provisions (Ss. 768.041-768.39)|768.0755 - Premises liability for transitory foreign substances in a business establishment.

768.0755 Premises liability for transitory foreign substances in a business establishment.—(1) If a person slips and falls on a transitory foreign substance in a business establishment, the injured person must prove that the business establishment had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it. Constructive knowledge may be proven by circumstantial evidence showing that:(a) The dangerous condition existed for such a length of time that, in the exercise of ordinary care, the business establishment should have known of the condition; or(b) The condition occurred with regularity and was therefore foreseeable.(2) This section does not affect any common-law duty of care owed by a person or entity in possession or control of a business premises.History.—s. 1, ch. 2010-8.
FL Stat § 768.08 (2021)
2021 Florida Statutes|Title XLV - Torts|Chapter 768 - Negligence|Part I - General Provisions (Ss. 768.041-768.39)|768.08 - Liability of corporations having relief department for injury to employees; contracts in violation of act void.

768.08 Liability of corporations having relief department for injury to employees; contracts in violation of act void.—Any person, association of persons, or corporation that has, or shall hereafter have, a relief department for the benefit of their or its employees, or which shall contribute any money or other thing of value to any relief society or association for the benefit of their or its employees, to which such employee may also contribute any money, or other thing of value, shall not be relieved of liability to such employee, or in case of her or his death to any person authorized by law to sue for such death, for the negligent injury or killing of such employee, because such employee may have been a member of or contributed to any such relief department, or received any benefits therefrom, but such employee, and in case of her or his death any person or persons authorized by law to sue for such death, shall be entitled to demand, sue for and recover any benefit that such employee may have been entitled to receive by reason of having been a member of or contributed to any such relief department, society or association, and such employee, and in case of her or his death any person authorized by law to sue for such death, shall be entitled to institute suit against any such person, association of persons or corporations, and to recover for any injury suffered by such employee and for the death of such employee, suffered through the negligence of such person, association of persons, or corporation, and any contract, stipulation or provision in violation of this section is declared to be null and void.History.—s. 1, ch. 6520, 1913; RGS 4967; CGL 7054; s. 1162, ch. 97-102.
FL Stat § 768.0895 (2021)
2021 Florida Statutes|Title XLV - Torts|Chapter 768 - Negligence|Part I - General Provisions (Ss. 768.041-768.39)|768.0895 - Limitation of liability for employers of persons with disabilities.

768.0895 Limitation of liability for employers of persons with disabilities.—(1) An employer who employs a person with a developmental disability is not liable for the acts or omissions, negligent or intentional, of the employee if:(a) The employee receives or has received supported employment services through a supported employment service provider; and(b) The employer does not have actual notice of the actions of the employee which created unsafe conditions in the workplace.(2) A supported employment service provider that provides or has provided supported employment services to a person with a developmental disability is not liable for the actions or conduct of the person which occur within the scope of the person’s employment.(3) As used in this section, the term:(a) “Developmental disability” has the same meaning as provided in s. 393.063.(b) “Supported employment service provider” means a not-for-profit public or private organization or agency that provides services for persons in supported employment, as defined in s. 393.063.History.—s. 1, ch. 2011-231.
FL Stat § 768.091 (2021)
2021 Florida Statutes|Title XLV - Torts|Chapter 768 - Negligence|Part I - General Provisions (Ss. 768.041-768.39)|768.091 - Employer liability limits; ridesharing.

768.091 Employer liability limits; ridesharing.—(1) No employer shall be liable for injuries or damages sustained by operators, passengers, or other persons resulting from the operation of a motor vehicle while being used in a ridesharing arrangement between a place of residence and a place of employment or termini near such places; nor shall such employer be liable for injuries or damages sustained to operators, passengers, or other persons because such employer provides information or incentives to, or otherwise encourages, employees to participate in ridesharing arrangements. However, this section does not apply to motor vehicles owned or leased by an employer nor to acts by an employee within the scope of employment as defined in subsection (2).(2) For purposes of ridesharing, employment shall be deemed to commence when an employee arrives at the employer’s place of employment to report for work and to terminate when the employee leaves the employer’s place of employment, excluding areas not under the control of the employer. However, an employee shall be deemed to be within the course of employment when the employee is engaged in the performance of duties assigned or directed by the employer, or acting in the furtherance of the business of the employer, irrespective of location.History.—ss. 2, 3, ch. 82-95; s. 1163, ch. 97-102.
FL Stat § 768.092 (2021)
2021 Florida Statutes|Title XLV - Torts|Chapter 768 - Negligence|Part I - General Provisions (Ss. 768.041-768.39)|768.092 - Special mobile equipment; liability of lessors.

768.092 Special mobile equipment; liability of lessors.—(1) As used in this section, the term:(a) “Lease agreement” means a written agreement for the rental or lease of special mobile equipment, regardless of whether the lease is for a fixed term or with an option to purchase.(b) “Lessee” means a person who rents or leases special mobile equipment from the lessor pursuant to a lease agreement.(c) “Lessor” means a person who, pursuant to a lease agreement, offers or arranges for the rental or lease of special mobile equipment by the lessee.(d) “Special mobile equipment” has the same meaning as in s. 316.003.(2) The lessor of any special mobile equipment that causes injury, death, or damage while leased under a lease agreement is not liable for acts of the lessee or the lessee’s agent or employee in connection with the rental or lease, including any bodily injury, death, or damage resulting from the operation, maintenance, or use of the special mobile equipment, if the lease agreement requires documented proof of insurance coverage containing limits of at least $250,000 per person and up to $500,000 per incident for bodily injury liability and up to $100,000 for property damage liability, or at least $750,000 for combined property damage liability and bodily injury liability. The failure of the lessee to have in effect the insurance coverage required by the lease agreement does not impose liability on the lessor.History.—s. 1, ch. 2019-104.
FL Stat § 768.093 (2021)
2021 Florida Statutes|Title XLV - Torts|Chapter 768 - Negligence|Part I - General Provisions (Ss. 768.041-768.39)|768.093 - Owner liability limits; powered shopping carts.

768.093 Owner liability limits; powered shopping carts.—(1) For the purposes of this section, the term “powered shopping cart” means an electrically powered assistive technology device which is generally used in a retail establishment by a customer, designed for the simultaneous transport of a person and of goods of any kind, and capable of speeds no greater than 21/2 miles per hour.(2) A powered shopping cart which is provided to a person gratuitously for use solely on the premises of the owner of such powered shopping cart shall not be considered a dangerous instrumentality in this state.History.—s. 1, ch. 2002-33.
FL Stat § 768.095 (2021)
2021 Florida Statutes|Title XLV - Torts|Chapter 768 - Negligence|Part I - General Provisions (Ss. 768.041-768.39)|768.095 - Employer immunity from liability; disclosure of information regarding former or current employees.

768.095 Employer immunity from liability; disclosure of information regarding former or current employees.—An employer who discloses information about a former or current employee to a prospective employer of the former or current employee upon request of the prospective employer or of the former or current employee is immune from civil liability for such disclosure or its consequences unless it is shown by clear and convincing evidence that the information disclosed by the former or current employer was knowingly false or violated any civil right of the former or current employee protected under chapter 760.History.—s. 1, ch. 91-165; s. 17, ch. 99-225.
FL Stat § 768.096 (2021)
2021 Florida Statutes|Title XLV - Torts|Chapter 768 - Negligence|Part I - General Provisions (Ss. 768.041-768.39)|768.096 - Employer presumption against negligent hiring.

768.096 Employer presumption against negligent hiring.—(1) In a civil action for the death of, or injury or damage to, a third person caused by the intentional tort of an employee, such employee’s employer is presumed not to have been negligent in hiring such employee if, before hiring the employee, the employer conducted a background investigation of the prospective employee and the investigation did not reveal any information that reasonably demonstrated the unsuitability of the prospective employee for the particular work to be performed or for the employment in general. A background investigation under this section must include:(a) Obtaining a criminal background investigation on the prospective employee under subsection (2);(b) Making a reasonable effort to contact references and former employers of the prospective employee concerning the suitability of the prospective employee for employment;(c) Requiring the prospective employee to complete a job application form that includes questions concerning whether he or she has ever been convicted of a crime, including details concerning the type of crime, the date of conviction and the penalty imposed, and whether the prospective employee has ever been a defendant in a civil action for intentional tort, including the nature of the intentional tort and the disposition of the action;(d) Obtaining, with written authorization from the prospective employee, a check of the driver license record of the prospective employee if such a check is relevant to the work the employee will be performing and if the record can reasonably be obtained; or(e) Interviewing the prospective employee.(2) To satisfy the criminal-background-investigation requirement of this section, an employer must request and obtain from the Department of Law Enforcement a check of the information as reported and reflected in the Florida Crime Information Center system as of the date of the request.(3) The election by an employer not to conduct the investigation specified in subsection (1) does not raise any presumption that the employer failed to use reasonable care in hiring an employee.History.—s. 16, ch. 99-225.
FL Stat § 768.098 (2021)
2021 Florida Statutes|Title XLV - Torts|Chapter 768 - Negligence|Part I - General Provisions (Ss. 768.041-768.39)|768.098 - Limitation of liability for employee leasing.

768.098 Limitation of liability for employee leasing.—(1) An employer in a joint employment relationship pursuant to s. 468.520 shall not be liable for the tortious actions of another employer in that relationship, or for the tortious actions of any jointly employed employee under that relationship, provided that:(a) The employer seeking to avoid liability pursuant to this section did not authorize or direct the tortious action;(b) The employer seeking to avoid liability pursuant to this section did not have actual knowledge of the tortious conduct and fail to take appropriate action;(c) The employer seeking to avoid liability pursuant to this section did not have actual control over the day-to-day job duties of the jointly employed employee who has committed a tortious act nor actual control over the portion of a job site at which or from which the tortious conduct arose or at which and from which a jointly employed employee worked, and that said control was assigned to the other employer under the contract;(d) The employer seeking to avoid liability pursuant to this section is expressly absolved in the written contract forming the joint employment relationship of control over the day-to-day job duties of the jointly employed employee who has committed a tortious act, and actual control over the portion of the job site at which or from which the tortious conduct arose or at which and from which the jointly employed employee worked, and that said control was assigned to the other employer under the contract; and(e) Complaints, allegations, or incidents of any tortious misconduct or workplace safety violations, regardless of the source, are required to be reported to the employer seeking to avoid liability pursuant to this section by all other joint employers under the written contract forming the joint employment relationship, and that the employer seeking to avoid liability pursuant to this section did not fail to take appropriate action as a result of receiving any such report related to a jointly employed employee who has committed a tortious act.(2) An employer seeking to avoid liability pursuant to this section shall not be presumed to have actual control over the day-to-day job duties of the jointly employed employee who has committed a tortious act, nor actual control over the portion of a job site at which or from which that employee worked, based solely upon the fact that the employee at issue is a leased employee.(3) This section shall not alter any responsibilities of the joint employer who has actual control over the day-to-day job duties of the jointly employed employee and who has actual control over the portion of a job site at which or from which the employee is employed, which arise from s. 768.096.History.—s. 29, ch. 99-225.
FL Stat § 768.0981 (2021)
2021 Florida Statutes|Title XLV - Torts|Chapter 768 - Negligence|Part I - General Provisions (Ss. 768.041-768.39)|768.0981 - Limitation on actions against insurers, prepaid limited health service organizations, health maintenance organizations, or prepaid health clinics.

768.0981 Limitation on actions against insurers, prepaid limited health service organizations, health maintenance organizations, or prepaid health clinics.—An entity licensed or certified under chapter 624, chapter 636, or chapter 641 shall not be liable for the medical negligence of a health care provider with whom the licensed or certified entity has entered into a contract, other than an employee of such licensed or certified entity, unless the licensed or certified entity expressly directs or exercises actual control over the specific conduct that caused injury.History.—s. 64, ch. 2003-416.