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Articles Posted in Florida Personal Injury Caselaw

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The Causation Presumption in Rear End Automobile Accidents in Florida

Rear end accidents happen frequently in the state of Florida and throughout the United States. In some situations, state law presumes that a rear end auto accident is caused by the rear driver in the accident. This assumption arises due to the idea that the rear driver should leave ample…

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Understanding the Seat belt Defense in Florida Automobile Accidents

In a car accident, you are much more likely to be injured if you are not wearing a seat belt. This is precisely why Florida has mandatory seat belt laws. Seat belt laws apply to all automobiles including pickup trucks and vans on the road. All passengers in the front…

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In Florida, Comparative Negligence Questions Should be Determined by a Jury

Under Florida law, property owners may be liable for injuries caused on their premises as a result of defective or faulty property conditions. The law, however, gives property owners a defense for dangerous conditions on the property that are “open and obvious.” This is because if a condition is open…

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The “Open and Obvious” Danger Doctrine in Florida

Throughout the United States and the state of Florida, a number of people are injured every year through the use of dangerous products. Injuries can arise in a number of ways, from the user using the product incorrectly to the manufacturer failing to provide proper instructions. Injuries can range from…

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Plaintiffs in Negligence Cases Must Establish the Duty of Care – Downs v. U.S. Army Corps of Engineers

When you’ve been injured due to someone else’s carelessness, you can typically file a negligence lawsuit to seek financial compensation for your injuries. Negligence is the failure to take reasonable care in one’s actions or omissions that causes harm or injury to another. Put another way, negligence is the failure…

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When Waivers are Enforceable in Florida – Gillete v. All Pro Sports

When an individual is about to engage in recreational activities such as go-karting, sky diving, zip-lining, para-sailing and other physically rigorous activities, that individual will usually be asked to sign a waiver. A waiver is a document which evidences the intentional relinquishment of a right, claim or privilege. A waiver…

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Car Owners May be Liable for Driver’s Carelessness Under the “Dangerous Instrumentality Doctrine”

Every year, thousands of people are injured on Florida roads, and tragically some are even killed. Unfortunately many of these accidents could have been prevented if the driver exercised reasonable care behind the wheel. While liability is clear when a negligent driver gets into an accident, what happens when a…

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Negligent Infliction of Emotional Distress in Automobile Accident Cases under Florida Law

A car accident victim typically has many ways to recover for injuries sustained in the accident. Typically a person will file a claim under the theory of negligence, but, depending on the circumstances of the case, an individual may pursue a negligent infliction of emotional distress (NIED) claim as well.…

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What is “Fraud on the Court” in Florida – Suarez v. Benihana

As with other types of lawsuits, witness testimony and issues of credibility can make all the difference in a personal injury proceeding. However, a recent case reminded us that mere contradictions and discrepancies in depositions do not rise to the level needed to dismiss a lawsuit on the basis of…

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Social Media and Your Personal Injury Case – Root v. Balfour Beatty Construction

Social media accounts seem to reveal a lot about a person’s life. You may not realize that what you post online could be subject to court analysis in criminal cases and civil cases, such as personal injury claims. It has long been established that persons or entities against whom you file…

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