Court Compels Arbitration in Florida Nursing Home Abuse Case
Nursing home and long term care facilities throughout the United States frequently rely on arbitration clauses as part of their admission procedures. Arbitration clauses provide the contracting parties a way to resolve disputes without involving the court system. Although, there are some benefits to these clauses, most Florida nursing homes design the agreements to benefit […]
Court Finds in Favor of Plaintiff in Personal Injury Lawsuit Against Florida County
Recently a Florida appellate court issued an opinion regarding an accident arising from shoulder injuries a man suffered when he lost control of his bicycle and fell into a drainage ditch. The man filed a personal injury lawsuit against the county alleging that they had actual or constructive knowledge of the unsafe and dangerous ditch, […]
Florida Premises Liability Lawsuits: Non-Delegable Duties and Florida’s Condominium Act
The Florida District Court of Appeals recently released an opinion addressing whether a property owner breached its non-delegable statutory duty to a person injured on a boat dock. The case arose after a woman suffered injuries on a boat dock outside of her friends’ beach club condominium. The woman filed a lawsuit against the beach […]
The Burden of Proof in Florida Slip and Fall Lawsuits
Florida personal injury laws require accident victims to meet strict evidentiary requirements to pursue damages for their injuries. If an accident victim fails to comply with the ever-changing and rigid laws, they risk the dismissal of their case. Florida accident victims must understand the responsibilities and burden of proof that the law imposes. This understanding […]
Extreme Weather Conditions and Florida Car Accidents
Many people associate weather-related car accidents with the northeast and other areas that are more likely to experience ice, snow, and sleet. However, poor weather conditions and driver negligence are two of the leading causes of Florida car accidents. Florida’s tropical climate frequently results in unexpectedly heavy rainstorms and torrential downpours. In fact, according to […]
The Importance of Uninsured/Underinsured Motorist Insurance in Florida Car Accident Cases
Like most other states, Florida law requires all drivers to purchase a minimum amount of auto insurance. However, the statutory minimum—$10,000 of personal injury protection and $10,000 of property damage protection—are far lower than most other states. However, unlike many other states, Florida law does not require drivers to purchase underinsured or uninsured motorist coverage […]
Coronavirus and Florida Nursing Homes
Florida federal and state laws govern nursing home health and safety guidelines and regulations. A majority of the rules are designed to ensure that vulnerable individuals living at these long-term care facilities (LTCF) receive the appropriate and critical care that they deserve. As these facilities become more popular, so do their indiscretions and failure to […]
Florida Court Holds that Insurance Company Must Provide Minimum Uninsured Motorist Coverage, Even to “Collector Vehicles”
The state’s high court recently issued an opinion in a case that arose out of a fatal Florida motorcycle accident. In this case, the motorcycle driver’s estate filed a claim with his uninsured motorist (UM) benefits under his home insurance company policy issued on a collector vehicle. The insurance company denied coverage, arguing that the […]
Florida Appeals Court Addresses Delegable Duties in Truck Accident Case
Earlier this month, a state appellate court released an opinion in a Florida truck accident case, discussing several issues that commonly arise in cases filed against trucking companies. The appeal arose after a plaintiff suffered injuries when a tire from a trailer became detached and hit the car in which she was a passenger. The […]
What Is Florida’s Best Evidence Rule?
The judge plays several roles in a Florida personal injury trial. Among a judge’s most important job is to determine which evidence the jury is permitted to consider in coming to its decision. When preparing for trial, parties gather all the evidence they hope to use to support their case. However, not all evidence is […]