The concept of a Fabre defendant comes from the landmark Fabre v. Marin court case, which allows juries to assign a percentage of fault to a non-party in a personal injury claim. But what does that mean for you?
A personal injury lawyer could help you understand this term and how it may apply to your case. Read on to learn what a Fabre defendant is and why the team of attorneys at Werner, Hoffman, Greig & Garcia believes that it matters.
What Is a Fabre Defendant?
A Fabre defendant is a non-party to a claim, whom the defendant insists is responsible for a plaintiff’s injuries. The Florida Supreme Court established this legal doctrine in 1993 while overseeing the Fabre v. Marin case. The premise allows juries to apportion fault to an entity or individual that was not named as a defendant in a negligence case.
In the original matter, Ann Marin was an injured passenger in a car accident and sued the defendant for damages. Marie Fabre, the defendant, was accused of negligently changing lanes, which led to the accident. However, Fabre claimed that another, unidentified driver cut off Marin, causing Fabre’s husband, Ramon, to swerve. The defendant asked the jury to consider Ramon a potential at-fault non-party due to his role in the accident.
Key Characteristics of a Fabre Defendant
There are several key characteristics of a Fabre defendant. The individual or entity must be a third party that was not named in the original lawsuit filed by the plaintiff. The named defendant issues a claim that the Fabre defendant’s negligence contributed to the plaintiff’s injury. This is often referred to as an “empty chair” defense, because the defendant is attempting to shift blame to a party who is not present in the courtroom.
Even if the Fabre defendant is not present, a jury could be asked to assign a percentage of fault to them, while reducing the named defendant’s liability for damages. However, the named defendant must prove the Fabre defendant’s fault by a preponderance of the evidence at trial. The plaintiff could choose to ignore the accusations, or they may be willing to add the Fabre defendant to the lawsuit under Florida’s comparative negligence laws.
Could a Fabre Defendant Sideline Your Case? Reach out to Werner, Hoffman, Greig & Garcia for Answers
Now that you are more familiar with what a Fabre defendant is, you may wonder if there could be other negligent parties involved in your claim. Reach out to Werner, Hoffman, Greig & Garcia to learn more about Florida’s comparative negligence laws and how an unnamed defendant could affect your claim.
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About the Author
Adam Werner is a partner and practicing attorney at WHG. He specializes in personal injury cases, workers’ compensation claims, and veteran disability benefits. He routinely writes about personal injury and workers comp topics for the Werner, Hoffman, Greig & Garcia blog.
