Property owners in Florida have a legal obligation to keep their premises in reasonably safe condition. Failure to do so can result in liability if a visitor enters the land and injures him or herself. Premises liability law is complex, and a property owner’s liability may be contingent on the…
Articles Posted in Florida Personal Injury Caselaw
Florida Courts will Not Permit “Gotcha” Approach in Trial
Procedural rules in the legal system are intended to make the process fair and to give each party enough notice to handle certain things. As such, lawyers are to treat each other with courtesy and follow certain rules pertaining to every aspect of litigation, including disclosures. Courts typically disfavor tactics…
Lessons for Florida Accident Victims from a Wyoming School Injury Case
Kids spend a lot of their time at school, and it is not uncommon for accidents to happen along the way. In most cases, getting hurt here and there is just a part of growing. In other instances, however, the accident will rise to the level of negligence, and the…
Causation Required for Compensation in Negligence Claims – Schwartz v. Wal-Mart
Unfortunately, accidents in stores happen all the time in the state of Florida and across the United States. Stores and other commercial places of business have a legal obligation to ensure that the premises are safe for their customers to enter. If the store fails to keep the property in…
Florida Court Rules Plaintiffs have No Expectation of Privacy in Facebook Pictures
With the rise of social media, questions of whether information from social media accounts is permitted in litigation have been a recurring question in a variety of contexts. Defendants often seek discovery of a plaintiff’s social media content, including posts, pictures, comments, and other things, hoping to disprove liability or…
Sending Notice of Lawsuit to Multiple Defendants in Medical Malpractice Cases – Salazar v. Coello
Different types of lawsuits have different procedural requirements in the state of Florida. Among these specialized procedures are the stringent pre-suit notice requirements for medical negligence cases as detailed in Section 766.106 of the Florida Statutes. If you or someone you know has been injured in a medical negligence case,…
Federal Court Permits Untimely Expert Testimony in Florida Case Involving Bad Faith
After an accident, the last thing anyone wants to deal with is a difficult insurance company. Florida’s bad faith law allows an individual to sue their insurer if they believe that the insurer engaged in fraud or “bad faith” activities when defending or settling a claim that resulted in additional damages…
Florida Court Makes Distinction Between Negligence and Products Liability Claims
Products liability and negligence are both complex areas of law, which can be difficult to parse through. In fact, it can sometimes be confusing to determine which cause of action is relevant in your case. If you have been hurt and do not know which legal grounds are applicable in…
Premises Liability for Assault Committed by a Third Party in Florida
In the state of Florida, as with other states, the owner of a property has a legal obligation to maintain it in reasonable conditions so that visitors are safe when they enter the property. If you or someone you know has been injured on someone else’s property, you should seek the help…
Injuries must be Compensable in Florida Negligence Cases
It may seem rather obvious that when you are involved in an accident, there must be quantifiable injuries for you to be able to receive compensation. This simply means you must have sustained harm that can be remedied through compensation. The nature of the harm determines the amount of compensation one…