Rule 1.416 Negligence; mitigation

If you're an employee suing your employer, or a passenger suing a bus or train company (a common carrier), for negligence, you don't have to prove that you did nothing wrong yourself. You can go ahead and make your case without addressing your own conduct first.

However, the employer or carrier you're suing can still bring up your actions. They can argue that you were partly at fault, and if they prove it, this won't get your case thrown out. Instead, it can lower the amount of money you receive if you win.

In short, this rule makes it easier for employees and passengers to bring these types of lawsuits. It shifts the burden to the defendant to raise the issue of shared fault, rather than requiring the injured person to prove their own innocence from the start.