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Editor: Rod Sullivan
Profession: Maritime Attorney

Category: Boating Accidents

Florida has outlawed joint and several liability, but that doesn't mean that it no longer exists in admiralty cases.

A Florida court hearing an admiralty or maritime case is required to apply the admiralty and maritime law, even if it conflicts with Florida law under a doctrine known as the "reverse-Erie doctrine." Remember the "Erie doctrine"? It says that federal courts hearing state actions must apply state law. The "reverse-Erie doctrine" is the opposite. It says that state courts hearing admiralty cases must apply federal admiralty law.

It can make a big difference. For example, maritime law recognizes the concept of joint and several liability among tort-feasors, while Florida does not. Under joint and several liability, where two or more people create a single injury or loss, all are equally liable, even if they only contributed a small amount. In Florida, Fabre requires that the damages be apportioned. However, a Florida court hearing an admiralty case would be required to apply the doctrine of joint and several liability even though Florida has outlawed the concept.