South Florida Injury Lawyer Blawg

Articles Posted in Florida Personal Injury Caselaw

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Due to the Florida climate, outdoor activities in the state are common all year round. Swimming pools are common in Florida homes and apartment complexes. In fact, many community associations attract buyers and renters with swimming pools on the property. In some cases, the swimming pool is private, and other times it is shared between multiple units. Robert Dixon is a highly experienced Miami personal injury lawyer who has helped numerous clients resolve their accident cases when the injury involved a swimming pool.

In the case of Southern Owners Insurance Company v. Cooperativa v. De Seguros Multiples, etc., the Florida’s Fifth District Court of Appeals held that an owner within a condominium association is not covered under the association’s insurance in a case claiming negligent supervision that ended in a child’s death through drowning.

The facts of the case are as follows. The decedent was a seven-year-old boy who was in the care of a homeowner who lived in a private and gated condominium association. The boy was using the association’s shared swimming pool at the time he drowned. Subsequently, the boy’s mother filed suit against the condominium owner under the theory of negligent supervision. The mother also sued the association for negligence. Continue Reading ›

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Insurance companies fight claims and resist paying out their clients all the time. Dealing with an insurance company can be stressful and cumbersome. In some cases, insurance companies engage in misconduct to get out of paying claims. Robert Dixon is a highly qualified Miami personal injury lawyer who knows that monetary sanctions are only important in cases where there has been official wrongdoing, such as fraud on the court. That is precisely what happened in GEICO v. Rodriguez.

In the case at hand, Florida’s District Court of Appeals held that an auto insurance company for an 83-year-old man who lied about his ability to drive in a deposition testimony after an accident was responsible to pay sanctions for those misrepresentations.

The elderly driver had extremely poor vision and was deemed legally blind by his physicians. The doctors had instructed the man not to drive. The man did not follow this advice. In fact, within one month after receiving a renewal of his auto insurance company, the man caused an accident that struck two pedestrians. The pedestrians sustained serious injuries. Continue Reading ›

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Every state has different laws when it comes to the legal responsibility of bars and social hosts for providing alcohol to an individual who is later accountable for causing a motor vehicle wreck. Laws surrounding alcohol can be complex, which is why it is wise to consult a knowledgeable Miami injury attorney to determine what can be done in your case.

In the state of Florida, there is limited liability for bars and restaurants when it comes to incidents of drunk driving. Under state law, a person is liable when he or she willfully and unlawfully provides alcohol to an individual who is not of lawful drinking age or knowingly gives alcohol to an individual who is an alcohol addict.

In Case v. Newman, a Jacksonville woman was killed in a car accident when a 17-year-old drunk driver, Andrew Newman, struck her vehicle. Police confirmed that Newman was under the influence of alcohol when he lost control of his car and veered into the lane in which the decedent was driving. Paramedics determined that the victim was dead at the scene of the accident. The decedent’s daughter and personal representatives filed a lawsuit against Newman, his father and grandfather, who owned the car Newman was driving, and the store that sold Newman the alcohol. Continue Reading ›

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Unfortunately, many people throughout Florida and the United States engage in distracted driving every year by using their cellphones when they are behind the wheel. Despite texting and driving being illegal in the state of Florida, it continues to be a huge problem throughout the state. If you or someone you know has been hurt in an automobile accident, an experienced Miami injury lawyer can help assess the merits of your case and inform you of your options.

When a cell phone is the potential cause of an accident, it is common for parties to request cell phone records. In Antico v. Sindt Trucking, Inc., the court addressed the question of when a party asks to examine the content of the phone.

The facts of the case are as follows. The case was a wrongful death action brought by the widower and personal representative of the estate of a woman who was killed in a truck accident. The defendants alleged that the decedent was partially at fault because she was on her iPhone at the time of the accident. The plaintiffs objected, using privacy rights under the state constitution as the basis for their objection. Continue Reading ›

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In some cases, personal injury matters cannot be settled in pre-suit negotiations. When this happens, the injured victim should file a lawsuit against the responsible party to seek damages for his or her injuries. During a civil lawsuit, there are many steps that have to be taken before the case actually reaches trial. One of these steps is jury selection. This is a very important part of the process. Robert Dixon is a highly qualified personal injury attorney who understands the lawsuit process, including jury selection as well as the role and responsibilities of a jury.

The American justice system is rooted in the idea that every individual is entitled to a fair trial. Thus, a jury must be comprised of a neutral and unbiased representative sample of the local population. Once the court summons a number of jurors, the group is narrowed down through a process known as “voir dire.” Voir dire is used to ascertain if a particular juror is biased or if there is a reason that the juror should not be allowed to serve on the jury. The following reasons would be considered cause for a juror not to serve:  knowledge of the facts, relationship or acquaintanceship with one of the parties, or being involved in a prior lawsuit under similar circumstances.

The jury selection process can affect the result of a case. In Pembroke Lakes Mall v. McGruder, for example, two defendants were sued in a slip and fall case. The jury returned a verdict in favor of the plaintiff, who had slipped and fallen on a wet floor while visiting Pembroke Lakes Mall. The defendants subsequently filed a post-verdict motion to avoid a judgment. They alleged that they were improperly denied the opportunity to question four jurors who failed to communicate their involvement in prior litigation. Continue Reading ›

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In most cases, determining where you should file your lawsuit is pretty easy to ascertain. The matter can become much more complicated, however, if one party is not from the state. Florida is a tourist hub, which means there are lots of travelers from other places on the road at any given time. Often, automobile accidents occur because people are not familiar with the area or local driving rules. When parties in an accident are from different jurisdictions, the process of filing a lawsuit can be quite complex. In Branch v. Selmo, the court addressed the issue of car accidents involving international drivers.

The facts of the case are as follows. The plaintiff was seriously injured in a car accident while she was in Florida on a business trip from Barbados. The plaintiff was not driving. She was a passenger in the car while her co-worker operated the vehicle. The co-worker was at fault for the car wreck. The plaintiff’s employer was a bank in Barbados. The plaintiff subsequently sued her co-worker and the bank she worked for in Barbados but did not pursue the case any further. Instead, she filed a lawsuit against the same defendants in the state of Florida a year before the statute of limitations was about to expire.

The case progressed in Florida over the next few years until a trial was set. At that time, the co-worker filed a motion to dismiss the lawsuit, claiming that Barbados was the appropriate forum to litigate the matter. The co-worker further reasoned that if the verdict was not favorable to the plaintiff in Florida, she would still be able to pursue a lawsuit in Barbados. In this way, the plaintiff could seek a “double recovery.” Continue Reading ›

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Every year, a number of people in Florida get into various types of accidents and suffer personal injuries. Under state law, an injured party may seek compensation for his or her injuries from the at-fault party by filing a personal injury lawsuit. Personal injury claims are rooted in the legal principle of negligence, which denotes the failure to take proper care when doing something, which leads to foreseeable harm. Put another way, negligence law is designed to hold people responsible for their careless or reckless actions that cause injury to another.

While some cases go to trial, most cases settle out of court. Laws surrounding settlements, however, can be complex and nuanced, which is why it is always important to consult a qualified attorney who can help you understand and comply with all the procedural requirements that may come into play.

In Design Home Remodeling Corp. v. Santana, an individual was injured in a slip and fall accident while on premises owned by a condominium association. Some time later, the man and his spouse filed a lawsuit against the association, alleging negligent maintenance of the premises. The association answered by saying that another company was accountable for any negligent maintenance. As a result, the plaintiffs amended their original complaint to add the other company as a defendant, claiming that the company did not adequately warn the individual of a slippery liquid on the ground, which ultimately led to his fall. Continue Reading ›

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If you are injured through a slip, trip, and fall on someone else’s property, you may be able to seek compensation for your injuries. Property owners have an obligation to keep their premises in reasonably safe conditions to ensure that those who lawfully enter the land do not unduly injure themselves. There are very specific premises liability rules that govern slip and fall cases, which is why it is important to consult an experienced Miami injury attorney.

In Tallent v Pilot Travel Centers, the plaintiff fell on a fuel spill at a gas station and sued the gas station under the theory of negligence. Specifically, the plaintiff claimed that the negligent maintenance caused him to fall. Negligence is the failure to take proper care in doing something. The doctrine is intended to encourage individuals to act in a sensible and prudent manner so as not to cause foreseeable harm to others. The defendant claimed that the spill was open and obvious, and the company followed procedure to clean it up.

The Second DCA noted that because the plaintiff was a business invitee, he was owed two duties by the defendant:  the duty to use reasonable care in maintaining the property in a reasonably safe condition, and  the duty to warn of dangers that the owner knew or should have known about that were unknown by the invitee and could not have been known by the invitee through the exercise of reasonable care. Continue Reading ›

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Depositions are an important part of trial. A deposition is a witness’ sworn out-of-court testimony as part of the discovery process. In some cases, information obtained through a deposition may be used at trial. In Guillen v. Vang, a car accident victim was spotted on a surveillance camera undertaking physical activity that he previously claimed in his deposition that he could not perform as a result of a crash. Upon this finding, the trial court issued a final judgment dismissing his personal injury claim for fraud on the court.

The plaintiff appealed the trial court’s decision. Florida’s Fifth District Court of Appeals reversed the lower court’s ruling, holding that the video evidence, on its own, was insufficient as evidence that the plaintiff had perpetrated fraud on the court. While it could affect the plaintiff’s credibility in the eyes of the jury, the discrepancy was not enough to dismiss the case entirely.

Under Florida law, the basic standard for “fraud on the court” entails conduct where it can be “demonstrated, clearly and convincingly, that a party has sentiently set in motion some unconscionable scheme calculated to interfere” with the court. Put another way, the individual must have actively mislead the court or tricked the court to his or her advantage. It is important to note that the evidence necessary to conclude “fraud on the court” is “clear and convincing,” which is higher than “preponderance of the evidence.” Thus, the burden of proof is quite high. Often, plaintiffs who offer inconsistent testimony may be suffering from poor memory, they may be making a mistake, or there may be a misunderstanding. Continue Reading ›

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Premises liability issues can arise in a variety of ways. Whether it’s through a slip and fall or an elevator malfunction, property owners have a legal obligation to keep their premises in reasonably safe conditions for visitors. An injured victim can typically sue a property owner for damages based on premises liability if the plaintiff can establish that the injuries were caused by the landowner’s negligence. Premises liability law is complex, which is why it is important to seek the help of a qualified attorney who understands the nuances of this area of the law.

In Friedrich v. Fetterman & Assocs, the Florida Supreme Court held that a law firm was liable for injuries incurred by the plaintiff when the chair he was sitting on suddenly collapsed. The plaintiff was a potential client visiting the law firm’s office for a consultation regarding an automobile accident he had recently gotten into. When the chair collapsed, the plaintiff fell backwards onto the floor, hitting his head. After the incident, the plaintiff voiced concerns of persistent headaches, neck and back pain, and a host of other problems. Eventually, he went through spine surgery, which he claimed improved his overall condition. Continue Reading ›

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