Attack outline
Torts Essay Attack
Review the Torts Essay Attack with ordered issue-spotting steps and Florida flags where relevant before you jump back into practice.
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Ordered attack steps
- DUTY: General duty of reasonable care
- BREACH: Failure to meet standard
- CAUSATION: Actual (but-for) + Proximate (foreseeable)
- DAMAGES: Actual harm required
- MODIFIED comparative fault (51% bar rule)
- Plaintiff >50% at fault = recovers NOTHING
- Plaintiff ≤50% = recovery reduced by percentage
- CARVE-OUT #1: Medical-negligence claims stay PURE comparative
- CARVE-OUT #2: Intentional torts are outside the 51% bar
- NOT an exception: defendant intoxication (that exception belongs to the punitive-damages cap, § 768.73)
- Abnormally dangerous activities
- Wild animals
- Products liability (manufacturing, design, warning defects)