What Is a Fabre Defendant in Florida?

by Jerrad Ohr | Personal Injury

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.

If fault is properly allocated to a Fabre nonparty, the plaintiff generally cannot recover that nonparty’s percentage of damages from the named defendant.

For example, suppose you suffer injuries in a car accident in which you rode as a passenger in a friend’s car. When you file a car accident claim against 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.

A passenger hurt on a motorcycle can run into the same problem when the defense blames the rider who was operating the bike. Shared fault works the same way in motorcycle crash claims in Florida.

Truck accident claims often involve more than one potentially responsible party, such as the driver and the trucking company, so a Fabre defense can come up in those cases as well.

Fabre Defendant FAQs

Is a Fabre defendant the same as a co-defendant?

No. A co-defendant is a party formally named as a defendant in the lawsuit. A Fabre defendant, sometimes referred to as a Fabre nonparty, is a person or entity who is not a party to the lawsuit, but whom a named defendant claims is wholly or partially responsible for the plaintiff’s injuries.

Who has to prove a Fabre defendant was at fault?

The named defendant has the burden to prove that the Fabre defendant was at fault by a preponderance of the evidence. That means that the defendant must establish that it’s more likely than not that another person or entity contributed to your injuries.

Can a defendant blame my treating doctor for making my accident injuries worse?

Generally, when an injured person reasonably seeks medical treatment for injuries caused by an accident, the defendant who caused the original injury cannot reduce their responsibility by shifting fault to a medical provider who later aggravates those injuries. Under Florida’s Stuart v. Hertz doctrine, the original defendant may also be held responsible for additional harm caused by subsequent negligent medical treatment.

How does HB 837 affect a case involving a Fabre defendant?

Under Florida’s comparative fault law, Fla. Stat. § 768.81, fault may be allocated among the plaintiff, defendants, and qualifying nonparties whose negligence contributed to the plaintiff’s injuries. In 2023, HB 837 changed Florida from a pure comparative negligence system to a modified comparative negligence system. As a result, a plaintiff who is found to be more than 50 percent at fault for his or her own harm generally cannot recover damages. If the plaintiff is 50 percent or less at fault, any recovery is reduced by the plaintiff’s percentage of fault.

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. The team at Rosen & Ohr, P.A. has a strong track record of more than 45 years representing Florida injury victims, and we’re ready to fight for you.

Here’s how one of our clients described us:

“…They were professional, kind and sensitive to my needs. They were very communicative throughout the whole process and were able to resolve my situation with the best results possible…”

– Paula M.

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.