What are the legal defenses available to a professional sued for professional negligence?

In Florida, professionals sued for professional negligence may have several legal defenses available to them. The most common is to argue that the professional did not owe the plaintiff any duty of care. This defense is based on the fact that professionals are not liable for any damages resulting from their services unless they owed a certain duty of care to the plaintiff, and that duty was breached. Another common defense is to argue that the professional provided a reasonable level of care and that any damages suffered by the plaintiff were not due to the professional’s negligence. This defense is based on the concept of “reasonableness”; that is, a professional is only held liable if their actions are not reasonable or typical in the industry. A third option is to argue that the plaintiff’s own negligent actions caused the damages they are claiming. This is known as “contributory negligence” or “contributory fault”, and it means that the plaintiff is partially responsible for their own damages. Lastly, professionals may claim that the damages were caused by a third party or an act of God, such as a hurricane or other natural disaster. This is known as the “Act of God” defense, and it can be used to prove that the professional is not at fault for any damages suffered by the plaintiff. These legal defenses are available to professionals sued for professional negligence in Florida. Each defense should be evaluated on a case-by-case basis, as the factual circumstances and legal merits of each case will determine which defense, if any, may be available.

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