Florida Product Liability Claims Based on a Product’s Design Defect
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 that the product was defective. […]
Court Hears Grocery Store Slip and Fall Case Discussing Manger’s Failure to Warn Customer of a Discovered Hazard
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 manager went to get cleaning […]
Proving Liability in a Florida Car Accident Lawsuit
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 or underinsured will try to […]
Court Finds in Favor of Plaintiff in Florida Cruise Ship Lawsuit
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 maintenance of the guard rail, […]
Appellate Court Addresses Duty of Care in Wrongful Death Lawsuit Against Florida Lodge
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 locations within two miles of […]
Florida Court Addresses Credibility of Treating Doctor in Uninsured Motorist Lawsuit
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 claim against her insurance provider. […]
Pursing a Florida Bad Faith Claim Against an Insurance Company
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 that an insurance company has […]
Florida Court Finds in Grocery Store’s Favor in Recent Slip and Fall Case
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 that caused her fall. Ultimately, […]
Governor Releases List of Florida Nursing Homes with Positive COVID-19 Cases
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 provide various types of acute, […]
Causation in Florida Chain-Reaction Car Accidents
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 apportioning liability is often complex […]