reglab/housing_qa huggingface dataset:
FL Stat § 768.10 (2021)
2021 Florida Statutes|Title XLV - Torts|Chapter 768 - Negligence|Part I - General Provisions (Ss. 768.041-768.39)|768.10 - Pits and holes not to be left open.

768.10 Pits and holes not to be left open.—It is not lawful for any company or individual to leave open any pit or other hole outside of an enclosure of a greater depth and breadth than 2 feet; provided, however, such pit or hole may be left open by enclosing the same with a fence or other enclosure that would be a safeguard against horses, cattle or other domestic animals falling into the same; provided further, that this section shall not apply to pits or holes made by any company or individual while bona fide engaged in actual mining operations, such pits and holes to be enclosed as herein provided when said mining operations shall cease or be discontinued.History.—s. 1, ch. 4051, 1891; GS 3152; RGS 4969; CGL 7056.
FL Stat § 768.11 (2021)
2021 Florida Statutes|Title XLV - Torts|Chapter 768 - Negligence|Part I - General Provisions (Ss. 768.041-768.39)|768.11 - Pits and holes; measure of damages.

768.11 Pits and holes; measure of damages.—Any company or individual who may leave open pits or other holes contrary to the provisions of s. 768.10 shall be liable in damages to any person injured thereby in an amount double the actual damages sustained, which may be recovered in any court of competent jurisdiction.History.—s. 2, ch. 4051, 1891; GS 3153; RGS 4970; CGL 7057.
FL Stat § 768.12 (2021)
2021 Florida Statutes|Title XLV - Torts|Chapter 768 - Negligence|Part I - General Provisions (Ss. 768.041-768.39)|768.12 - Motor vehicle colliding with any animal at large on a public highway.

768.12 Motor vehicle colliding with any animal at large on a public highway.—Whenever a motor vehicle collides with any animal at large on a public highway of this state, and the operator of the motor vehicle dies as a result of the collision, the owner of such animal shall have no cause of action against the personal representative of the estate of the said deceased operator on account of any injuries to, or the death of, such animal, resulting from the collision.History.—s. 1, ch. 21018, 1941.
FL Stat § 768.125 (2021)
2021 Florida Statutes|Title XLV - Torts|Chapter 768 - Negligence|Part I - General Provisions (Ss. 768.041-768.39)|768.125 - Liability for injury or damage resulting from intoxication.

768.125 Liability for injury or damage resulting from intoxication.—A person who sells or furnishes alcoholic beverages to a person of lawful drinking age shall not thereby become liable for injury or damage caused by or resulting from the intoxication of such person, except that a person who willfully and unlawfully sells or furnishes alcoholic beverages to a person who is not of lawful drinking age or who knowingly serves a person habitually addicted to the use of any or all alcoholic beverages may become liable for injury or damage caused by or resulting from the intoxication of such minor or person.History.—s. 1, ch. 80-37.
FL Stat § 768.1256 (2021)
2021 Florida Statutes|Title XLV - Torts|Chapter 768 - Negligence|Part I - General Provisions (Ss. 768.041-768.39)|768.1256 - Government rules defense.

768.1256 Government rules defense.—(1) In a product liability action brought against a manufacturer or seller for harm allegedly caused by a product, there is a rebuttable presumption that the product is not defective or unreasonably dangerous and the manufacturer or seller is not liable if, at the time the specific unit of the product was sold or delivered to the initial purchaser or user, the aspect of the product that allegedly caused the harm:(a) Complied with federal or state codes, statutes, rules, regulations, or standards relevant to the event causing the death or injury;(b) The codes, statutes, rules, regulations, or standards are designed to prevent the type of harm that allegedly occurred; and(c) Compliance with the codes, statutes, rules, regulations, or standards is required as a condition for selling or distributing the product.(2) In a product liability action as described in subsection (1), there is a rebuttable presumption that the product is defective or unreasonably dangerous and the manufacturer or seller is liable if the manufacturer or seller did not comply with the federal or state codes, statutes, rules, regulations, or standards which:(a) Were relevant to the event causing the death or injury;(b) Are designed to prevent the type of harm that allegedly occurred; and(c) Require compliance as a condition for selling or distributing the product.(3) This section does not apply to an action brought for harm allegedly caused by a drug that is ordered off the market or seized by the Federal Food and Drug Administration.History.—s. 15, ch. 99-225.
FL Stat § 768.1257 (2021)
2021 Florida Statutes|Title XLV - Torts|Chapter 768 - Negligence|Part I - General Provisions (Ss. 768.041-768.39)|768.1257 - State-of-the-art defense for products liability.

768.1257 State-of-the-art defense for products liability.—In an action based upon defective design, brought against the manufacturer of a product, the finder of fact shall consider the state of the art of scientific and technical knowledge and other circumstances that existed at the time of manufacture, not at the time of loss or injury.History.—s. 14, ch. 99-225.
FL Stat § 768.128 (2021)
2021 Florida Statutes|Title XLV - Torts|Chapter 768 - Negligence|Part I - General Provisions (Ss. 768.041-768.39)|768.128 - Hazardous spills; definitions; persons who assist in containing or treating spills; immunity from liability; exceptions.

768.128 Hazardous spills; definitions; persons who assist in containing or treating spills; immunity from liability; exceptions.—(1) For the purpose of this section:(a) The term “hazardous materials” includes all materials and substances which are now designated or defined as hazardous by the law of this state or federal law or by the rules or regulations of this state or any federal agency.(b) The term “spill” includes the accidental spilling, leaking, pumping, pouring, emitting, or dumping of any hazardous waste or material which creates an emergency hazardous situation or is expected to create an emergency hazardous situation.(c) An “emergency hazardous situation” exists whenever there is an imminent and substantial threat to public health and safety.(2) Notwithstanding any provision of the law to the contrary, no person who provides good faith assistance or advice in immediately containing or treating, or attempting to contain, treat, or prevent, an actual or threatened spill is subject to civil liabilities or penalties of any type. Except for the immediate response to the spill or threatened spill, all activities to prevent, contain, clean up, and dispose of, or to attempt to prevent, contain, clean up, and dispose of, the hazardous material shall be in accordance with applicable state and federal law.(3) The immunities provided in subsection (2) do not apply to any person:(a) Whose act or omission causes in whole or in part such actual or threatened discharge and who would otherwise be liable therefor;(b) Who receives compensation other than reimbursement for out-of-pocket expenses for services in rendering such assistance or advice;(c) Who fails to act as an ordinary reasonably prudent person would have acted under the same or similar circumstances; or(d) Who fails to comply with the lawful instruction of an on-scene, governmentally supervised, operational emergency response team whose duty is to prevent, contain, or clean up the spill.(4) Nothing in subsection (2) shall be construed to limit or otherwise affect the liability of:(a) Any person for damages resulting from such person’s gross negligence or from such person’s reckless, wanton, or intentional misconduct; or(b) Any person for the improper management of the hazardous waste or material after the emergency spill response activities are completed.History.—s. 39, ch. 83-310.
FL Stat § 768.1315 (2021)
2021 Florida Statutes|Title XLV - Torts|Chapter 768 - Negligence|Part I - General Provisions (Ss. 768.041-768.39)|768.1315 - Good Samaritan Volunteer Firefighters’ Assistance Act; immunity from civil liability.

768.1315 Good Samaritan Volunteer Firefighters’ Assistance Act; immunity from civil liability.—(1) SHORT TITLE.—This section may be cited as the “Good Samaritan Volunteer Firefighters’ Assistance Act.”(2) DEFINITIONS.—As used in this section, the term:(a) “Authorized technician” means a technician who is certified by the manufacturer of fire control or fire rescue equipment as qualified to inspect that equipment. The technician may not be employed by the state agency or subdivision administering the distribution of the fire control or fire rescue equipment.(b) “Qualified fire control or fire rescue equipment” means equipment used for fire control or fire rescue which has been recertified by an authorized technician as meeting the manufacturer’s specifications and which is distributed by or through a state agency or subdivision to a volunteer fire department.(c) “State agency or subdivision” shall have the meaning provided in s. 768.28(2).(3) LIMITATION OF LIABILITY.—A state agency or subdivision, including an officer, employee, or agent thereof, who is acting within the scope of his or her employment or function, which donates qualified fire control or fire rescue equipment to a volunteer fire department is not liable for civil damages under any state law for personal injury, property damage, or death proximately caused after the donation by a defect in the equipment.(4) EXCEPTIONS TO LIABILITY PROTECTION.—Subsection (3) does not apply to a state agency or subdivision, or an officer, employee, or agent thereof, if:(a) The defect that proximately caused the personal injury, property damage, or death resulted from:1. An act or omission of an officer, employee, or agent of the state agency or subdivision which constitutes malice, gross negligence, recklessness, or intentional misconduct; or2. A modification or alteration of the qualified fire control or fire rescue equipment by the state agency or subdivision, or by an officer, employee, or agent thereof, after the equipment was recertified by an authorized technician as meeting the manufacturer’s specifications.(b) The state agency or subdivision is the manufacturer of the qualified fire control or fire rescue equipment.Nothing in this section shall be construed as a waiver of sovereign immunity.History.—s. 1, ch. 2004-368.
FL Stat § 768.1326 (2021)
2021 Florida Statutes|Title XLV - Torts|Chapter 768 - Negligence|Part I - General Provisions (Ss. 768.041-768.39)|768.1326 - Placement of automated external defibrillators in state buildings; rulemaking authority.

768.1326 Placement of automated external defibrillators in state buildings; rulemaking authority.—The State Surgeon General shall adopt rules to establish guidelines on the appropriate placement of automated external defibrillator devices in buildings or portions of buildings owned or leased by the state, and shall establish, by rule, recommendations on procedures for the deployment of automated external defibrillator devices in such buildings in accordance with the guidelines. The Secretary of Management Services shall assist the State Surgeon General in the development of the guidelines. The guidelines for the placement of the automated external defibrillators shall take into account the typical number of employees and visitors in the buildings, the extent of the need for security measures regarding the buildings, special circumstances in buildings or portions of buildings such as high electrical voltages or extreme heat or cold, and such other factors as the State Surgeon General and Secretary of Management Services determine to be appropriate. The State Surgeon General’s recommendations for deployment of automated external defibrillators in buildings or portions of buildings owned or leased by the state shall include:(1) A reference list of appropriate training courses in the use of such devices, including the role of cardiopulmonary resuscitation;(2) The extent to which such devices may be used by laypersons;(3) Manufacturer recommended maintenance and testing of the devices; and(4) Coordination with local emergency medical services systems regarding the incidents of use of the devices.In formulating these guidelines and recommendations, the State Surgeon General may consult with all appropriate public and private entities, including national and local public health organizations that seek to improve the survival rates of individuals who experience cardiac arrest.History.—s. 4, ch. 2001-76; s. 110, ch. 2008-6; s. 162, ch. 2020-2.
FL Stat § 768.1335 (2021)
2021 Florida Statutes|Title XLV - Torts|Chapter 768 - Negligence|Part I - General Provisions (Ss. 768.041-768.39)|768.1335 - Emergency Medical Dispatch Act; presumption.

768.1335 Emergency Medical Dispatch Act; presumption.—(1) This section may be known by the popular name the “Emergency Medical Dispatch Act.”(2) As used in this section:(a) “Emergency medical dispatch” means the function of utilizing emergency medical dispatch protocols.(b) “Emergency medical dispatcher” means a person who is trained or certified in the prompt and accurate processing of calls for emergency medical assistance.(c) “Emergency medical dispatch agency” means any private or public entity that is responsible for the emergency medical dispatch by emergency medical dispatchers.(d) “Emergency medical dispatch protocol” means guidelines for processing calls for emergency medical assistance or for the dispatching of emergency medical services in a prehospital setting which are substantially similar to standards set forth by the American Society for Testing and Materials or the National Highway Traffic Safety Administration and which have been incorporated into an emergency medical dispatch training program.(3) Notwithstanding any other provision of law to the contrary, and unless otherwise immune under s. 768.28, any emergency medical dispatcher or the emergency medical dispatch agency, its agents, or its employees who utilize emergency medical dispatch protocols are presumed not to have acted negligently regarding any injuries or damages resulting from the use of emergency medical dispatch protocols, if the emergency medical dispatcher or the emergency medical dispatch agency, its agents, or its employees:(a) Properly trained their emergency medical dispatchers in an emergency medical dispatch that is substantially similar to standards set forth by the American Society for Testing and Materials or the National Highway Traffic Safety Administration.(b) Implemented standard practices and management for emergency medical dispatch or practices that are substantially similar to standards set forth by the American Society for Testing and Materials or the National Highway Traffic Safety Administration.(c) Utilized standard practices for training, instructor qualification, and certification eligibility of emergency medical dispatchers or practices that are substantially similar to standards set forth by the American Society for Testing and Materials or the National Highway Traffic Safety Administration.History.—s. 1, ch. 2003-180.
FL Stat § 768.1345 (2021)
2021 Florida Statutes|Title XLV - Torts|Chapter 768 - Negligence|Part I - General Provisions (Ss. 768.041-768.39)|768.1345 - Professional malpractice; immunity.

768.1345 Professional malpractice; immunity.—No person shall have a claim for professional malpractice against a licensed professional who provides services for which no compensation is sought or received to such person during the period of a declared emergency if the professional services arose out of the emergency and if the professional acted as an ordinary reasonably prudent member of the profession would have acted under the same or similar circumstances.History.—s. 32, ch. 93-211.
FL Stat § 768.135 (2021)
2021 Florida Statutes|Title XLV - Torts|Chapter 768 - Negligence|Part I - General Provisions (Ss. 768.041-768.39)|768.135 - Volunteer team physicians; immunity.

768.135 Volunteer team physicians; immunity.—(1) A volunteer team physician is any person licensed to practice medicine pursuant to chapter 458, chapter 459, chapter 460, chapter 461, or chapter 466:(a) Who is acting in the capacity of a volunteer team physician in attendance at an athletic event sponsored by a public or private elementary or secondary school; and(b) Who gratuitously and in good faith prior to the athletic event agrees to render emergency care or treatment to any participant in such event in connection with an emergency arising during or as the result of such event, without objection of such participant.(2) A volunteer team physician is not liable for any civil damages as a result of such care or treatment or as a result of any act or failure to act in providing or arranging further medical treatment unless the care or treatment was rendered in a wrongful manner.(3) A practitioner licensed under chapter 458, chapter 459, chapter 460, or s. 464.012 or registered under s. 464.0123 who gratuitously and in good faith conducts an evaluation pursuant to s. 1006.20(2)(c) is not liable for any civil damages arising from that evaluation unless the evaluation was conducted in a wrongful manner.(4) As used in this section, the term “wrongful manner” means in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property, and shall be construed in conformity with the standard set forth in s. 768.28(9)(a).History.—s. 1, ch. 80-263; s. 483, ch. 81-259; s. 2, ch. 88-257; s. 15, ch. 2011-233; s. 38, ch. 2020-9.
FL Stat § 768.1355 (2021)
2021 Florida Statutes|Title XLV - Torts|Chapter 768 - Negligence|Part I - General Provisions (Ss. 768.041-768.39)|768.1355 - Florida Volunteer Protection Act.

768.1355 Florida Volunteer Protection Act.—(1) Any person who volunteers to perform any service for any nonprofit organization, including an officer or director of such organization, without compensation from the nonprofit organization, regardless of whether the person is receiving compensation from another source, except reimbursement for actual expenses, shall be considered an agent of such nonprofit organization when acting within the scope of any official duties performed under such volunteer services. Such person, and the source of any such compensation, if the volunteer is not acting as an agent of the source, shall incur no civil liability for any act or omission by such person which results in personal injury or property damage if:(a) Such person was acting in good faith within the scope of any official duties performed under such volunteer service and such person was acting as an ordinary reasonably prudent person would have acted under the same or similar circumstances; and(b) The injury or damage was not caused by any wanton or willful misconduct on the part of such person in the performance of such duties.1. For purposes of this act, the term “nonprofit organization” means any organization which is exempt from taxation pursuant to 26 U.S.C. s. 501, or any federal, state, or local governmental entity.2. For purposes of this act, the term “compensation” does not include a stipend as provided by the Domestic Service Volunteer Act of 1973, as amended (Pub. L. No. 93-113), or other financial assistance, valued at less than two-thirds of the federal hourly minimum wage standard, paid to a person who would otherwise be financially unable to provide the volunteer service.(2) Except as otherwise provided by law, if a volunteer is determined to be not liable pursuant to subsection (1), the nonprofit organization for which the volunteer was performing services when the damages were caused shall be liable for such damages to the same extent as the nonprofit organization would have been liable if the liability limitation pursuant to subsection (1) had not been provided.(3) Members of elected or appointed boards, councils, and commissions of the state, counties, municipalities, authorities, and special districts shall incur no civil liability and shall have immunity from suit as provided in s. 768.28 for acts or omissions by members relating to members’ conduct of their official duties. It is the intent of the Legislature to encourage our best and brightest people to serve on elected and appointed boards, councils, and commissions.(4) This section may be cited as the “Florida Volunteer Protection Act.”History.—s. 1, ch. 93-139; s. 50, ch. 96-399; s. 1, ch. 2011-190.
FL Stat § 768.137 (2021)
2021 Florida Statutes|Title XLV - Torts|Chapter 768 - Negligence|Part I - General Provisions (Ss. 768.041-768.39)|768.137 - Definition; limitation of civil liability for certain farmers; exception.

768.137 Definition; limitation of civil liability for certain farmers; exception.—(1) For the purposes of this section, the term “farmer” means a person who is engaging in the growing or producing of farm produce, either part time or full time, for personal consumption or for sale and who is the owner or lessee of the land or a person designated in writing by the owner or lessee to act as her or his agent.(2) A farmer who gratuitously allows a person to enter upon the farmer’s land for the purpose of removing farm produce or crops is exempt from civil liability arising out of any injury to, or the death of, such person due to the nature or condition of the land or the nature, age, or condition of the farm produce or crops that are removed.(3) The exemption from civil liability provided in this section does not apply if injury or death directly results from the gross negligence or intentional act of the farmer, or from the farmer’s failure to warn of a dangerous condition of which the farmer has actual knowledge unless that condition would be obvious to a person entering upon the farmer’s land.History.—s. 1, ch. 92-85; s. 3, ch. 92-151; ss. 1165, 1166, ch. 97-102; s. 1, ch. 2015-38.
FL Stat § 768.138 (2021)
2021 Florida Statutes|Title XLV - Torts|Chapter 768 - Negligence|Part I - General Provisions (Ss. 768.041-768.39)|768.138 - Interruption of electric utility service by order of law enforcement; immunity.

768.138 Interruption of electric utility service by order of law enforcement; immunity.—The good-faith compliance by an electric utility, as defined in s. 366.02, or the utility’s personnel, with a law enforcement or judicial order to interrupt or disconnect electric service at a location for the purpose of aiding law enforcement personnel in the performance of their duties constitutes an absolute defense for the electric utility and its personnel to any civil, criminal, or administrative action arising out of such interruption or disconnection, as long as the electric utility and its personnel exercise reasonable care in their actions. However, this provision does not create a duty of care where none existed prior to the enactment of this section.History.—s. 1, ch. 2001-165.