Under Florida law, defective product lawsuits are typically classified under design defects, manufacturing defects, or failure to warn defects. Courts generally analyze these cases under a strict product liability theory or negligence theory. Unlike negligence cases, strict product liability does not consider a party’s intent; instead, plaintiffs must only establish…
Recently, a Florida appellate court issued an opinion in a plaintiff’s appeal stemming from a premises liability lawsuit. The case arose after a customer spilled laundry detergent near a checkout counter at a Dollar General. A store manager and employee were working at the register when the spill occurred. The…
After someone is injured in a Florida car accident, they may pursue a claim for damages against the at-fault party by filing a personal injury lawsuit. Although, these cases may seem straightforward, defendants (and their insurance companies) will go to great lengths to avoid liability. Often, defendants who are uninsured…
A Florida appellate court recently issued an opinion in a lawsuit stemming from head injuries a three-year-old girl suffered after falling through a guard rail on a cruise ship. Evidently, the girl’s mother filed a lawsuit against the cruise line, claiming that it was liable for the negligent creation and…
Recently, a state appellate court issued an opinion in a Florida wrongful death lawsuit against a hospitality company. The trial court granted the defendant’s motion for summary judgment, and the plaintiff appealed. According to the court’s opinion, the resort provided guests with a shuttle service to take them to various…
Recently, an appellate court issued an opinion in an appeal stemming from a woman’s claim for uninsured/underinsured(UM) coverage against her insurance company. The woman suffered injuries in a car accident and subsequently filed a negligence claim against the at-fault driver, the owner of the vehicle, as well as a UM…
Under Florida law, insurance companies must act in “good faith” when addressing and resolving an insurance claim made against a policy. However, in many cases, insurance companies fail to do this. Through a Florida bad faith claim, state law provides policyholders with an avenue to seek restitution if they believe…
Last month, a state appellate court issued an opinion in a Florida slip and fall case involving a woman who fell while at a grocery store. The case required the court to determine if the woman presented sufficient evidence to show that the store had constructive knowledge of the hazard…
According to a recent news report, after increasing pressure from residents, Florida Governor Ron DeSantis released a seven-page list of the names of over 300 nursing homes where patients or staff tested positive for COVID-19 (the coronavirus). These nursing homes and long-term care facilities serve a diverse patient base, and…
The majority of Florida car accidents involve a collision between two vehicles; however, accidents involving more than one vehicle tend to cause the most severe injuries and damages. In many cases, the force of the first impact leads to a series of additional accidents. Identifying the parties, establishing fault, and…