Florida does not have a statute defining negligence. Instead the negligence laws in Florida have been established through caselaw, otherwise known as common law. However, there is a Florida Standard Jury Instruction for Civil Cases that defines negligence. What jury instruction number define's negligence in Florida and how is it defined?

List the four elements of negligence.

Duty is a question of law to be decided by a judge. But breach is a question of ____________ to be decided by the _______________________________.

Define breach in a negligence case.

What are the four different methods to evaluate whether a breach of duty occurred?

To establish breach, the plaintiff must prove that the defendant failed to do what?

Who is the reasonable person and what does he represent?

How does the reasonable person act?

Is the reasonable person standard an objective or subjective standard? Explain.

What is the reasonable person supposed to know?

At what point must defendant's conduct with respect to plaintiff's injury be evaluated?

What are the physical characteristics of the reasonable person?

What are they reasonable person's mental characteristics?

Can the reasonable person be intoxicated?

To what standard of care are children held?

How would the reasonable person act in an emergency?

How does custom affect the evaluation of reasonableness?

If an industry has set its standards low, can a court find it negligent?

To what standard of care are professionals held?

To what standard of care are specialists held?

If you are a beginner/novice specialist, are you held to the same standard of care as more experienced members?

Explain the Learned Hand formula.

Is the Learned Hand formula used today?

What is negligence per se and how does it assist a Plaintiff in proving negligence?

What must a Plaintiff show to prove negligence per se?

What are automobile guest statutes and why were they introduced?

What is the status of automobile guest statutes today?

What is the doctrine of res ipsa loquitor and how does it help a Plaintiff?

What must a plaintiff prove before being able to rely on the doctrine of res ipsa loquitor?

What are the possible consequences to the Defendant if the Plaintiff proves all of the elements of res ipsa loquitor?