What Is a Fabre Defendant in Florida?
In personal injury cases, a defendant may deny liability by arguing that a third party’s negligence or recklessness caused the plaintiff’s injuries. The defense may lead to a case involving a Fabre defendant in Florida personal injury claims.
But what is a Fabre defendant? A Fabre defendant is a third party that a named defendant in a personal injury lawsuit has blamed for the plaintiff’s injuries.
Understanding the Fabre Doctrine in Florida
The Fabre doctrine in Florida personal injury law arose from the 1993 Florida Supreme Court case of Fabre v. Marin, 623 So.2d 1182. In Fabre, the plaintiff suffered injuries in a motor vehicle accident while riding as a passenger in a vehicle driven by her husband. However, the plaintiff did not name her husband as a defendant in her personal injury lawsuit. Although the jury found the plaintiff’s husband 50 percent responsible for the accident, it did not reduce the named defendant’s liability. The plaintiff’s husband also had interspousal immunity.
However, the Florida Supreme Court ruled that the named defendant should not have to pay the plaintiff’s entire loss when they did not bear full responsibility for the accident. Thus, the Fabre doctrine in Florida protects personal injury defendants against bearing more than their share of liability for a plaintiff’s losses.
The Role of a Fabre Defendant in Personal Injury Cases
A Fabre defendant’s role in a personal injury case will depend on the plaintiff’s choices once a named defendant identifies a third party who bears or shares liability for the plaintiff’s injuries. When a defendant names a Fabre defendant as a defense to a personal injury lawsuit, the plaintiff may amend their complaint to name the Fabre defendant as a defendant in the case or contest the defendant’s defense and stand on their complaint.
Legal Implications and Examples
Plaintiffs who choose not to add Fabre defendants to their personal injury complaints may face significant legal consequences. When a jury finds that a Fabre defendant bears some share of the responsibility for causing a plaintiff’s injuries, the jury may apportion part of the plaintiff’s losses to the Fabre defendant.
The plaintiff’s failure to name the Fabre defendant in the lawsuit means the plaintiff cannot recover that share of losses.
For example, suppose you suffer injuries in a car accident in which you rode as a passenger in a friend’s car. When you sue the other driver, they argue that your friend bears some responsibility for causing the crash. The jury finds you sustained $100,000 in losses and finds the other driver 60 percent at fault for the accident and your friend 40 percent at fault. In that case, the Fabre doctrine restricts you to recovering $60,000 unless you name your friend as a defendant in your lawsuit.
Contact Our Experienced Florida Personal Injury Lawyers Today
When you file a personal injury claim that involves a Fabre defendant, you need an experienced attorney to help you seek maximum compensation for your injuries and losses. Contact Rosen & Ohr, P.A., today for a free, no-obligation consultation with a knowledgeable Florida personal injury lawyer to learn how a Fabre defendant in Florida could affect your negligence claim.
