Some Defense Perspectives on the Tort Reform Act of 1999

Authors

Jack W. Shaw Jr., Motes & Carr, P.A.

First Page

191

Document Type

Article

Abstract

The 1999 Florida Legislature enacted a far-reaching Tort Reform Act (the "Act"). That bill was signed into law by Governor Bush, who stated that he had some misgivings about certain provisions of the bill, but became convinced that its beneficial aspects far outweighed its troublesome aspects. The Act is lengthy and complex, comprised of fifty-three (53) pages and thirty-six (36) sections. This article will discuss some of the statutory changes in the areas of comparative fault, statutes of limitation and repose, defenses, limitations on liability, and punitive damages. Counsel should be aware, however, that the Act also contains provisions covering such matters as attorney's fees for frivolous actions, the dangerous instrumentality doctrine, joint employers, evidentiary matters, alternative dispute resolution, and trial procedures, as well as containing some administrative and reporting provisions.

Recommended Citation

Jack W. Shaw Jr., Some Defense Perspectives on the Tort Reform Act of 1999, 12 St. Thomas L. Rev. 191 (1999).
Available at: https://scholarship.stu.edu/stlr/vol12/iss1/7