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South Florida Injury Lawyer Blawg

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Premises Liability and Trespassers in Florida

Are you responsible if someone uninvited and without warning enters your land, and slips and injures himself or herself on your property? Can the trespasser sue you for his or her injuries? What if you are a store owner, and a customer enters an “employee only” area and injures himself or…

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The Different Statute of Limitations in Florida Boating Accident Cases

The beautiful Florida weather lends itself to many outdoor activities including many water sports like boating, jet skiing, and tubing. Due to the lakes, rivers and coastline in Florida, people can be seen outside enjoying the open air. Unfortunately, these outdoor activities also mean that boating accidents are quite common.…

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Plaintiff’s Counsel Must be Given the Chance to Cross-Examine Defendant’s Expert Witness

When a plaintiff is injured due to the fault of someone else, that plaintiff can typically recover damages for his or her injuries from the responsible party under the theory of negligence. Negligence is the failure to take proper care in doing something. Put another way, negligence occurs when the…

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Bad Faith Claims against Insurance Companies Need Sufficient Details in Florida

Under Florida law, auto insurance companies must act in “good faith” when handling claims from people they insure. The term “good faith” is used in many areas of law to refer to honesty and a sincere intention to deal fairly with others. In the context of an insurance company, good…

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Golf Cart May be Considered a “Vehicle” for Insurance Purposes under Florida Law

In most instances, there is no dispute as to whether a “vehicle” was involved when it comes to motor vehicle accidents. However, in Angelotta v. Security National Insurance, Florida’s District Court of Appeals tackled the question of whether a modified golf cart constitutes a “vehicle” when it comes to insurance policies.…

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When a City is Immune from Certain Injury Claims – Bussy-Morice v. Kennedy

We’ve all heard stories of police using excessive force on suspected criminals. Unfortunately, these cases are not as rare as you might think. Since a variety of measures police officers take are discretionary, police officers routinely overestimate threats and use too much force as a result. The Bureau of Justice…

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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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