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South Florida Injury Lawyer Blawg

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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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The Limits of Personal Injury Protection (PIP) in Florida

If you or someone you know was hurt or injured in a motor vehicle accident then you can contact our Miami car crash attorneys today. We are well-versed in personal injury law and proudly represent clients across South Florida. We understand the costs that can quickly add up in the…

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When Parents are Liable for their Children’s Negligence

As a general rule, individuals are not liable for the acts of third parties unless a special relationship exists. A parent/child or guardian/child relationship constitutes one of those special relationships. Almost every state in the United States has laws known as “parental responsibility laws” and imposes some degree of civil…

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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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Pedestrian Accidents in South Florida

The sunny weather in Florida is conducive to lots of outdoor activities, such as rollerblading, bike riding, and walking through the cities. The last thing you want to worry about when you venture out for a brisk walk or a nice stroll is a car hitting you. Unfortunately, the reality…

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