A court recently issued an opinion in a Florida drunk driving accident lawsuit addressing whether evidence of intoxication is relevant to the calculation of damages. The case arose when a man consumed two alcoholic beverages at work and proceeded to walk home on the side of the highway. The man…
State and Federal laws mandate that prescription and over-the-counter (OTC) drugs meet strict health and safety guidelines before entering the stream of commerce. However, despite rigorous testing, clinical trials, and efficacy studies, many drugs are later found to be unsafe. Those who suffer unanticipated or severe side effects to prescription…
Many states have “rescue doctrines,” “volunteer protection” acts,” or “Good Samaritan” laws to encourage and protect individuals who choose to assist others in emergencies, while awaiting emergency personnel. In Florida, Statute section 768.13, the Good Samaritan Act (GSA), is a law that provides civil immunity to those that render emergency…
No matter how careful you are while driving, you must also trust other drivers you are sharing the road with will also exercise care and follow the rules. Sometimes, no matter how proactive you are as a driver, another person’s mistake could cause a major accident with devastating consequences. One…
According to the AAA Foundation for Traffic Safety, hit and run accidents are alarmingly common throughout the United States. Although some hit and run accidents only involve minor damage, many of these accidents result in serious, and potentially fatal, injuries. Florida law imposes civil and criminal liability on hit and…
Under Florida’s premises liability law, those who suffer injuries on another’s property because of a dangerous hazard, defect, or condition, may be able to recover compensation for their injuries. Premises liability law is based on a property owner’s duty to ensure that their property is safe for visitors. However, liability…
After a Florida motor vehicle accident, seeking medical treatment is critical to a victim’s health, well-being, and future legal claims. Under Florida law, an at-fault party may be liable for negligent or reckless conduct. However, these claims often hinge on the victim receiving prompt and appropriate medical treatment. Prompt medical…
Driving presents inherent risks, even if a motorist takes all steps to ensure that they abide by safety rules. Despite taking all precautions, drivers cannot protect against other negligent motorists. Many times, Florida car accidents occur during lane changing or merging. The U.S. Department of Transportation attributes about 500,000 accidents…
Premises liability is a form of negligence that imputes liability on a landowner or occupier for injuries that occur on their property. Premises liability claims can arise from various situations such as slip and falls, pool accidents, dog bites, and other home-related accidents. The law generally categorizes a landowner’s liability…
After a Florida accident, most injury victims try and recoup some or all of their damages from their car or home insurance provider. Although consumers expect their insurance company to resolve their claims in good faith, many claimants find themselves in dire financial straits when their company fails to resolve…