FBBE FBBE Florida Tort Law 2 — Questions and Answers
Question 1: Under Florida law, what is required for a plaintiff to recover punitive damages in a tort action?
- Proof of simple negligence
- Clear and convincing evidence of intentional misconduct or gross negligence (Correct answer)
- Preponderance of evidence of any harm
- Proof beyond a reasonable doubt
Correct answer: Clear and convincing evidence of intentional misconduct or gross negligence
Florida Statutes § 768.72 requires clear and convincing evidence that the defendant engaged in intentional misconduct or gross negligence to recover punitive damages.
Question 2: In a Florida defamation case involving a public figure, what standard of fault must the plaintiff prove?
- Negligence
- Strict liability
- Actual malice (knowledge of falsity or reckless disregard for truth) (Correct answer)
- Gross negligence
Correct answer: Actual malice (knowledge of falsity or reckless disregard for truth)
Under New York Times v. Sullivan, adopted in Florida, public figures must prove actual malice — knowledge of falsity or reckless disregard for the truth.
Question 3: Which Florida statute provides immunity from civil liability for individuals who use deadly force in self-defense without a duty to retreat?
- § 776.013
- § 776.012 (Correct answer)
- § 790.06
- § 784.045
Correct answer: § 776.012
Florida Statutes § 776.012 codifies the Stand Your Ground law, providing immunity from civil liability when deadly force is lawfully used in self-defense.
Question 4: What is the Florida cap on non-economic damages in medical malpractice cases involving a practitioner's negligence (non-catastrophic injury)?
- $500,000
- $250,000
- $1,000,000
- No cap — struck down as unconstitutional (Correct answer)
Correct answer: No cap — struck down as unconstitutional
In North Broward Hospital District v. Kalitan (2017), the Florida Supreme Court struck down the non-economic damages cap in medical malpractice cases as unconstitutional.
Question 5: Under Florida's economic loss rule, a plaintiff in a contract dispute generally cannot recover tort damages for purely economic losses unless:
- The contract involves over $10,000
- There is an independent tort or duty existing outside the contract (Correct answer)
- The plaintiff also suffered physical injury
- The defendant is a licensed professional
Correct answer: There is an independent tort or duty existing outside the contract
Florida's economic loss rule bars tort recovery for purely economic losses absent an independent tort duty existing separately from the contractual obligations.
Question 6: In Florida, which element is NOT required to establish intentional infliction of emotional distress (IIED)?
- Extreme and outrageous conduct
- Intent or recklessness
- Physical impact or injury (Correct answer)
- Severe emotional distress causally linked to the conduct
Correct answer: Physical impact or injury
Florida does not require physical impact or injury for IIED claims; the tort focuses on extreme conduct causing severe emotional distress.
FBBE FBBE Florida Tort Law 2
Under Florida law, what is required for a plaintiff to recover punitive damages in a tort action?