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 to do something properly that […]
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 essentially communicates the fact that […]
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 liability on parents for torts […]
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 car owner lets another person […]
Proving Pain & Suffering in Florida
When you’ve been injured in any type of accident, whether it is a slip and fall, a car wreck, or a pedestrian accident, you may have suffered damages. Damages are defined as the amount of money needed to compensate an accident victim who has been harmed by another person’s negligence or misconduct. There are two […]
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 is that pedestrians accidents happen […]
Nursing Home Negligence in Florida
When you make the difficult decision to put your loved one in a nursing home, you want to have the peace of mind in knowing that his or her basic needs will be addressed. Unfortunately, in many cases, not only are elders neglected in nursing homes, they are abused by the very people who are supposed […]
The Notion of Negligent Security in Florida
Property owners in Florida have a legal obligation to keep people on their land safe. This includes commercial business owners, property managers, and landlords as well as all other types of property owners. When property owners are negligent in providing basic security for the premises, they can be held liable if someone is injured or […]
Understanding the Basics of “Catastrophic Injuries” Under Florida Law
In a moment, your life can change forever. Suffering from any type of injuries, big or small, can be an unnerving experience. When the injury is so severe that it has a long-term impact on your day-to-day life, the experience can be downright traumatic. Victims who suffer serious long-term injuries also have to deal with […]