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Torts Keyed to Miller
Blackburn v. Dorta
Citation:
348 So.2d 287 (Fla. 1977)Facts
The Supreme Court of Florida consolidated three cases to determine if the doctrine of implied assumption of risk was viable as an absolute bar to recovery subsequent to Florida courts’ adoption of the comparative negligence liability scheme. The Court had recently adopted comparative negligence in Florida tort law, which was a partial legal defense that reduces the amount of damages that a plaintiff can recover in a negligence-based claim, based upon the degree to which the plaintiff’s own negligence contributed to cause the injury. The question was to what extent this decision affected the common-law defense of assumption of risk.
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