No Set-Off for Your Own Negligence

Wednesday, January 31, 2018
No Set-Off for Your Own Negligence.  That is what the Florida Supreme Court said December 14, 2017, in a tobacco case, Schoff v. R.J. Reynolds.  The cigarette company said the smoker's recovery should be diminished because of his own fault, i.e. he knew smoking causes cancer.  The Florida Supreme Court said, "no, not where the wrong doer did what he did intentionally."  
So, if someone hurts you on purpose, or knowing it is likely you will be hurt, there is no set-off for your own failure to use reasonable care.  
Mark Lang & Associates 1/31/2018

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