House Bill 837 adopted a modified comparative negligence scheme in Florida. Now, if a plaintiff wants to recover on his or her claim, a jury must determine that a plaintiff was less than 50% negligent in the action(s) that caused the plaintiff's injury. The Florida Supreme Court Committee on Standard Jury Instructions in Civil Cases has proposed and now adopted new jury instructions to address the changes made to the modified comparative fault scheme.

The question then emerged whether the court should inform the jury that a plaintiff would be barred from recovery based on the assignment of fault at trial or if the court should make that determination after trial. If the former, then some believe this would threaten to upend this critical reform.