Issue: Under Florida law, what is the standard of review applied to a trial court’s determination of a duty and breach in a negligence case?
| Area of Law: | Litigation & Procedure, Personal Injury & Negligence |
| Keywords: | Trial court's determination of duty; Standard of review; Negligence |
| Jurisdiction: | Florida |
| Cited Cases: | 49 So.2d 517; 593 So. 2d 500; 175 So. 2d 780; 175 So.2d 780; 6 So. 3d 717; 983 So. 2d 1175 |
| Cited Statutes: | None |
| Date: | 06/01/2015 |
The standard of review for evaluating a trial court’s determination of duty in a negligence case is a threshold question of law reviewed de novo. McCain v. Florida Power Corp, 593 So. 2d 500 (Fla. 1992) TA l "McCain v. Florida Power Corp, 593 So. 2d 500 (Fla. 1992)" s "McCain v. Florida Power Corp, 593 So. 2d 500 (Fla. 1992)" c 1 . However, there are often factual issues wrapped up in the duty analysis. See Harvey Building, Inc. v. Haley, 175 So. 2d 780 (Fla. 1965) TA l "Harvey Building, Inc. v. Haley, 175 So.2d 780 (Fla. 1965)" s "Harvey Building, Inc. v. Haley, 175 So.2d 780 (Fla. 1965)" c 1 (issue of actual or implied knowledge a question of fact).
A trial court’s fact findings are reviewed under a more deferential standard. They are to be reversed when they are not supported by competent, substantial evidence. Drake v. Walton County, 6 So. 3d 717, 718 (Fla. 1st DCA 2009) TA l "Drake v. Walton County, 6 So. 3d 717 (Fla. 1st DCA 2009)" s "Drake v. Walton County, 6 So. 3d 717, 718 (Fla. 1st DCA 2009)" c 1 ; Laramore v. Laramore, 49 So. 2d 517 (Fla. 1950). TA l "Laramore v. Laramore, 49 So.2d 517 (1950)" s "Laramore […]