South Florida Injury Lawyer Blawg

Articles Posted in Florida Personal Injury Caselaw

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Property owners in Florida have a legal obligation to keep their premises in reasonably safe condition. Failure to do so can result in liability if a visitor enters the land and injures him or herself. Premises liability law is complex, and a property owner’s liability may be contingent on the type of visitor who enters the land. If you or someone close to you has been injured due to a property owner’s negligence, you may be able to seek compensation for your injuries.

In Millard Mall Service, Inc. v. Bolda, a woman filed an action for negligence against Millard Mall Services, Inc. and other relevant parties that own and operate a shopping mall after the woman sustained injuries in a slip and fall accident while shopping at the mall. To support her claims, the plaintiff asked for documents relating to similar incidents that had taken place in the mall in the preceding three-year period, including the Quarterly Safety Committee Reports. Additionally, the plaintiff wanted mall cleaning and maintenance records and any other documents relevant to cleaning or maintenance performed by a third party during the month she fell.

The defendants objected to the production of the documents, stating that these documents contained information that was not discoverable, including photographs, discussions, prior accident reports, and mental impressions regarding incidents that took place at the mall. Continue Reading ›

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Procedural rules in the legal system are intended to make the process fair and to give each party enough notice to handle certain things. As such, lawyers are to treat each other with courtesy and follow certain rules pertaining to every aspect of litigation, including disclosures. Courts typically disfavor tactics that unfairly surprise one side. The Second District recently decided a case in which one side tried to use a clerical error to his advantage.

In Andreaus v. Impact Pest Management, Inc., the plaintiff sustained injuries in a slip and fall accident. Specifically, the plaintiff fell when she exited an elevator and slipped on the ground because of spilled pesticide. The victim and her husband filed a lawsuit against the condominium association as well as the pest control company, claiming that the latter had carelessly sprayed pesticide on the floor in the area right outside the elevator.

The plaintiff’s medical records contained statements that she had slipped on water, although the sources of the statements were unknown. The plaintiff claimed she did not make such claims, and no one could figure out the source of the statements. The plaintiff moved to exclude the statements as hearsay. The court granted the motions, and the plaintiff’s attorney redacted the statements from the medical records.

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Kids spend a lot of their time at school, and it is not uncommon for accidents to happen along the way. In most cases, getting hurt here and there is just a part of growing. In other instances, however, the accident will rise to the level of negligence, and the school may be liable for the student’s injuries. School officials have a legal duty to minimize the possibility of accidents and injuries. When a child is injured at school, the school district can be sued as long as certain criteria are met. A recent case decided by the Wyoming Supreme Court pertained to a school injury.

In Halvorson v. Sweetwater County School Dist., a student filed a lawsuit against her school district after she slipped and fell in the locker room of junior high school. The student claimed that the school district failed to keep the shower in a reasonably safe condition. When the accident took place, the student was in eighth grade, and swim class was part of her mandatory curriculum. Swim class had wrapped up, and the student had come into the locker room to shower and get dressed. While going across the room to borrow something from a friend, the student slipped and fell. A medical examination revealed that the student suffered a disc herniation and subsequently had to have multiple surgeries to correct a problem.

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Unfortunately, accidents in stores happen all the time in the state of Florida and across the United States. Stores and other commercial places of business have a legal obligation to ensure that the premises are safe for their customers to enter. If the store fails to keep the property in reasonably safe condition, and a customer is injured on the premises, the owner may be liable for any resulting harm. However, premises liability cases are extremely fact-intensive, and the outcome of the case will depend on the specific circumstances of that particular incident.

In Schwartz v. Wal-Mart Stores, Inc., the Fifth District Court of Appeals denied a plaintiff’s motion for a new trial after a zero-damages jury verdict. The facts of the case are as follows. The plaintiff was shopping at Wal-Mart when she was hit in the back by an ornamental pumpkin. According to court documents, the pumpkin in question weighed approximately 8.5 ounces and was “squishy.” Even before trial, Wal-Mart conceded that the plaintiff was struck by the ornamental pumpkin due to an employee’s negligent behavior. Wal-Mart, however, contested the issues of causation and damages, which are necessary elements of negligence.

Negligence is the failure to take proper care when doing something. Put another way, negligence is the failure to take reasonable care in one’s actions or omissions. Reasonable care is defined as how a prudent person would behave in the same or similar circumstances. In order to prevail on a negligence claim, the plaintiff has to establish the following elements:  1) the defendant owed the plaintiff a duty of care; 2) the defendant breached the duty of care owed to the plaintiff; 3) the defendant’s breach caused the accident; and 4) the plaintiff suffered quantifiable damages as a result. All four elements have to be met in order to win on a negligence claim. Continue Reading ›

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With the rise of social media, questions of whether information from social media accounts is permitted in litigation have been a recurring question in a variety of contexts. Defendants often seek discovery of a plaintiff’s social media content, including posts, pictures, comments, and other things, hoping to disprove liability or at least decrease damages. This issue was recently dealt with by a Florida court when a woman sued Target after allegedly falling at the store and sustaining injuries.

In Nucci v. Target Corp., a Target customer claimed she slipped and fell while at the store and sustained physical injuries. She filed a lawsuit against Target to seek compensation for her injuries. During a deposition, Target asked for access to the plaintiff’s Facebook page for the reason of obtaining photographs. The corporation believed that the pictures were relevant to the lawsuit because they demonstrated the plaintiff’s physical and mental condition at the time.

Shortly after the plaintiff’s objection to releasing the pictures from her Facebook page, approximately 36 photographs disappeared from the profile page. The court subsequently granted Target’s motion to compel and ordered the plaintiff to produce the photographs she had posted and shared since the slip and fall, as well as photographs posted during the two years preceding the incident in question. Continue Reading ›

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Different types of lawsuits have different procedural requirements in the state of Florida. Among these specialized procedures are the stringent pre-suit notice requirements for medical negligence cases as detailed in Section 766.106 of the Florida Statutes. If you or someone you know has been injured in a medical negligence case, it is imperative to consult a qualified Miami injury lawyer who is well-versed in this area of the law. We will assess the merits of your case and guide you through every step of the legal process.

In Salazar v. Coello, Florida’s Third District Court of Appeals addressed the notice and investigation process in medical negligence cases. The facts of the case are as follows. The plaintiff in the case suffered an injury as the result of a surgical procedure. The plaintiff served a notice of intent to file a medical malpractice lawsuit against the hospital and the surgeon. Some time later, the plaintiff served a notice of intent to the anesthesia providers, a nurse, and the anesthesia group.

The trial court entered summary judgment in favor of the anesthesia providers on the grounds that the notice by the plaintiff was provided after the statute of limitations had run. The Third District Court of Appeal reversed the trial court’s grant of summary judgment due to the tolling provision under Section 766.106. Continue Reading ›

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After an accident, the last thing anyone wants to deal with is a difficult insurance company. Florida’s bad faith law allows an individual to sue their insurer if they believe that the insurer engaged in fraud or “bad faith” activities when defending or settling a claim that resulted in additional damages or legal costs for the insured. These types of cases can be extremely complex, which is why it is imperative to seek the help of a qualified Miami injury attorney who is well-versed in this area of the law.

In Hayas v. GEICO General Insurance Co., a man named Hayas was involved in an automobile accident that caused the death of another person. When the accident took place, Hayas had liability insurance through GEICO General Insurance Co. and had a policy for up to $100,000 per person and $300,000 per incident.

After the wreck, the deceased individual’s estate filed a negligence lawsuit against Hayas, the at-fault driver, as well as his insurance company. While there was a chance for settlement, the insurance company supposedly refused to settle the matter. After a jury trial, the deceased individual’s estate secured a judgment in state court for the amount of $1.6 million against Hayas. Continue Reading ›

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Products liability and negligence are both complex areas of law, which can be difficult to parse through. In fact, it can sometimes be confusing to determine which cause of action is relevant in your case. If you have been hurt and do not know which legal grounds are applicable in your case, you should seek the help of a qualified Miami injury attorney. A recent case decided by Florida’s Fifth Circuit Court of Appeals explained the distinction between the two legal concepts in the context of products liability.

In Holmes Regional Medical Center, Inc. v. Dumigan, a recalled drug known as heparin was used on a male patient who was admitted to the hospital for cardiac bypass surgery. The hospital used the recalled drug on him, causing injury to the patient. The hospital had failed to dispose of the drug from its stock. The patient and his wife sued the hospital on a negligence claim as well as a products liability claim.

Ultimately, the issue for the court of appeals was whether the claim was on medical malpractice grounds or products liability (specifically, because of the faulty medication). Continue Reading ›

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In the state of Florida, as with other states, the owner of a property has a legal obligation to maintain it in reasonable conditions so that visitors are safe when they enter the property. If you or someone you know has been injured on someone else’s property, you should seek the help of a qualified Miami injury attorney who can assess the merits of your case. We understand this area of the law very well and can inform you of your legal options. The outcome of your case will hinge on your reason for being on the property.

In Wilshire Insurance Co. v. Poinciana Grocer Inc., a Florida appeals court has reversed a decision that obliged Wilshire Insurance Co. to defend a convenience store in a negligence suit, holding that the insurance policy coverage did not extend to allegations stemming from assault and battery allegations. Put another way, the court stated that the company did not have a duty to defend a grocery store in an underlying suit over a fight that broke out inside the convenience store.

Negligence is the failure to use reasonable care in one’s actions or omissions. Reasonable care refers to the obligation to behave in a way that a reasonably prudent person would behave in the same or similar circumstances. Negligence is a legal doctrine that is intended to encourage individuals to act sensibly so as to prevent foreseeable injury to others. Continue Reading ›

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It may seem rather obvious that when you are involved in an accident, there must be quantifiable injuries for you to be able to receive compensation. This simply means you must have sustained harm that can be remedied through compensation. The nature of the harm determines the amount of compensation one receives. If you or someone you know has been injured due to someone else’s negligence, it is important to seek the help of a qualified Miami personal injury attorney who can assess the merits of your case and get you the compensation you deserve for your injuries.

When an individual is injured because of someone else’s carelessness or recklessness, the injured party can take legal action by filing a negligence claim against the at-fault party. Negligence is the failure to take proper care when doing something. Reasonable care refers to the duty of behaving as a prudent or sensible individual would behave in the same or similar circumstances. Thus, what is considered ‘reasonable’ will vary depending on the specific situation. Continue Reading ›

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