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Florida Torts
Copyright 2017, Matthew Bender & Company, Inc., a member of the LexisNexis Group.

1-3 Florida Torts 3.syn


Proof of Negligence


Janet C. Graham

Chapter Summary


This chapter provides a thorough discussion of the challenges involved in proving negligence in the trial of an action for negligence.

The chapter first discusses burdens of proof, production, and persuasion. It defines the differences between these terms, which are often confused, then explains why an understanding of the burdens of persuasion and production is critical to the successful presentation of a negligence case in the Florida courts.

The chapter goes on to examine presumptions and inferences, covering their impact on the defendant's burden of proof. Next, the chapter turns to an exploration of the effect of the doctrines of res ipsa loquitur and negligence per se on the burden of proof. Finally, the chapter provides an overview of the admissibility of particular evidence in an action for negligence.

Florida Torts provides a comprehensive review and analysis of virtually every theory of liability recognized under Florida tort law. It includes excellent step-by-step guidance through major types of personal injury cases in Florida, and covers each phase of a personal injury case, from initial investigation through discovery, and through post-trial motions, settlement and insurance. Each chapter covers parties involved, where incident occurred, instrumentalities, and types of occurrences. Florida Torts also includes helpful checklists, sample forms and research guides.


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For further discussion of techniques of discovery, see Ch. 131, Discovery.

For an examination of the procedures for prosecution of a trial, see Ch. 130, Commencement, Prosecution and Dismissal.

For general discussion of the elements of tort actions, see Ch. 1, Duty and Breach; Ch. 2, Causation; and Ch. 4, Defenses and Apportionment of Liability.


See Florida Civil Procedure (Matthew Bender) for practical yet comprehensive analysis of the entire spectrum of civil procedure in Florida.

See LexisNexis Practice Guide Florida Personal Injury (Matthew Bender) for essential guidance on building a strong personal injury defense, including judicial commentary, practice tips from top litigators, as well as step-by-step checklists and sample forms.

See Personal Injury: Actions, Defenses, Damages (Matthew Bender) for encyclopedic treatment of the personal injury law of every American jurisdiction, along with forms for bringing and defending the suit, compiled from the actual files of eminent practitioners.

See Damages in Tort Actions (Matthew Bender) for in-depth legal and policy analyses of compensatory and punitive damages in personal injury, wrongful death, and property damage cases.
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