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There are broad consumer protection laws in the United States. When a consumer is injured through the proper use of a product, that consumer may be able to seek compensation for his or her injuries. In these cases, product liability laws apply. Product liability law encompasses instances in which injuries result from the use of a product that is unsafe due to its design, the way it was manufactured, or the way it was sold, marketed, or furnished to the injured party.

Products liability cases include the purchase of cars, construction materials, machinery, medical equipment, real estate, foods, and beverages, as well as intangibles such as electricity. Manufacturers and sellers of goods have a duty to compensate for any injury caused by a faulty product that is sold on the market. This means that an injured consumer can take legal action against the entity that designed, manufactured, sold, or furnished the unsafe product.

When a sufficiently large number of people are injured by a faulty or defective product, the entire group’s legal claims may be pursued through a “class action” lawsuit. A class action lawsuit allows multiple people to litigate their claim as one. A class can be created if many people have suffered similar injuries by using the defective product. Drug injuries are one common example of that. However, in order to move forward with a class action lawsuit, the class has to be certified by the court. In order to be certified, the class must have the following four qualities: Continue Reading ›

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Every year, a number of individuals in the state of Florida and throughout the United States are injured in automobile accidents caused by drowsy drivers. Fatigued and exhausted drivers pose great risks to other drivers and pedestrians on the road. If you or someone close to you has been injured by a drowsy driver, it is important to seek the help of a qualified Miami personal injury attorney who can assess the merits of your case. These claims can be hard to substantiate, which is why having a reputable lawyer on your side can make all the difference.

Studies have indicated that drowsy driving can be as dangerous as drunk driving, since drowsy drivers may experience slower reaction times, impaired vision, and an impaired ability to make decisions. The National Sleep Foundation’s Sleep in America Poll reports that approximately 60 percent of Americans have driven while feeling sleepy, while 37 percent have actually fallen asleep behind the wheel.

According to the National Highway Traffic Safety Administration (NHTSA), drowsy driving causes 56,000 automobile crashes every year. The NHTSA also finds that the following drivers are most at risk for drowsy driving:  adults between 18 and 29 years of age; men; adults with children; and shift workers. Continue Reading ›

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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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Unfortunately, one reality of driving is the rare but potentially life-threatening chain reaction accidents that can take place on highways in Florida and throughout the United States. Depending on the number of cars involved, the speeds at which the collision happened, and the angles at which each automobile was hit, the consequences can be very serious for everyone involved. When trucks are involved, the result can be particularly devastating. If you or someone close to you has been injured in a chain reaction wreck, it is important to seek the help of a qualified Miami injury attorney who can help you seek the compensation you deserve for your injuries.

Chain reaction accidents refer to wrecks involving multiple vehicles in a series of impacts. Put another way, chain reaction accidents take place when three or more vehicles collide into one another in a series of rear-end accidents. For example, Driver A is rear ended by Driver B, who is rear ended by Driver C.

According to the National Highway Safety Administration (NHTSA) crash caution survey, 57.2 percent of accidents involve two or more vehicles. Chain reaction collisions have a number of causes, including low-visibility conditions, tailgating drivers, inclement weather, road hazards, and more. On highways, these accidents can be especially dangerous, due to the high speed at which vehicles are traveling. 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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When crimes are committed, there is often a way for the victim and his or her family to recover civil damages for the harm. In a tragic case, the Second District had to assess what happens when one family member killed another and the surviving family member tried to seek damages for the harm that resulted from the crime.

In Cosman v. Rodriguez, a husband killed a wife after 50 years of marriage. The husband was subsequently convicted of murder. The wife’s surviving adult daughter filed a wrongful death claim as the decedent’s personal representative of her mother’s estate and later amended the suit to add individual claims.

The trial court ruled that the daughter was ineligible to recover compensation because she was an adult and her father was a surviving spouse. Under Florida’s wrongful death statute, minor children can only recover wrongful death damages if there is no surviving spouse. In this case, there was a surviving spouse. Thus, the daughter was barred from recovering because her father was still alive. Continue Reading ›

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