A federal district court recently issued an opinion in a plaintiffs’ appeal in a case involving their daughter’s death. The case arose from a tragic Florida car accident that occurred on New Year’s Day. According to the court’s opinion, the defendant was driving his mother’s sports car with the plaintiffs’…
Articles Posted in Wrongful Death
Florida Premises Liability Cases Involving Allegations of a Victim’s Criminal Conduct
In a recent Florida District Court of Appeal opinion, the court considered whether a defendant was civilly liable for a death that occurred on its property. The case is unique because it involved allegations that the deceased accident victim was involved in criminal activity shortly before she died. The plaintiff…
Filing a Wrongful Death Lawsuit After a Florida Bicycle Accident
Riding a bike is a great form of exercise and a way for family and friends to get outside in the beautiful Florida weather. However, when an individual gets into a Florida bike accident, the injuries may be fatal – especially if they were hit by a car. When an…
Florida Appeals Court Finds Hotel Did Not Owe Victim a Duty of Care in Recent Wrongful Death Case
In light of COVID-19, many families have been heading out to explore the great outdoors for nature getaways and safer vacations that still adhere to social distancing guidelines. However, no one expects to get into a Florida accident while on a trip, especially one that has devastating consequences. In a…
The Implication of Voluntary Intoxication in Florida Third-Party Personal Injury Claims
The First District Court of Appeal in the State of Florida recently reviewed a trial court’s order denying a manufacturer a directed verdict in a Florida wrongful death claim. According to the court’s opinion, the company manufactured products containing a synthetic marijuana product, commonly known as “spice.” A warning was…
Court Addresses Foreseeable Zone of Risk in Florida Wrongful Death Lawsuit
Recently, a Florida appellate court issued an opinion in a consolidated appeal arising from the tragic mass murders at the Pulse nightclub. The facts indicate that the shooter entered the nightclub shooting and injuring fifty-three patrons and killing forty-nine others. The survivors and decedents’ representatives filed a lawsuit against the…
Court Addresses Hotel Lifeguard Requirement in Florida Wrongful Death Lawsuit
Recently, an appellate court issued its opinion in an appeal stemming from the tragic death of a man in a Florida hotel swimming pool. The man’s wife filed a wrongful death lawsuit against the hotel alleging, among other issues, that the hotel was responsible for the death of her husband…
Florida Requires Insurance Companies Provide Minimum Uninsured Motorist Coverage
Recently, Florida’s Supreme Court ruled that insurance companies must comply with Florida Statutes section 627.727, which covers uninsured motorist (UM) coverage minimums. The ruling comes after an insurance company appealed a lower court’s ruling in favor of the plaintiff in a dispute over coverage after a Florida motorcycle accident. Before…
Florida Appellate Court Addresses Direct Liability in Punitive Damages Lawsuit Against Corporation
A Florida appellate court recently addressed the appeal of a defendant power company after a jury verdict awarded a plaintiff non-economic and punitive damages. The power company alleged that the plaintiff failed to establish the requirements necessary for punitive damages claims. The case stemmed from the tragic electrocution of a…
Florida Appeals Court Compels Arbitration Between Nursing Home and Plaintiff
Recently, an appeals court issued an opinion in a Florida nursing home abuse lawsuit. According to the court’s opinion, the plaintiff filed a lawsuit against a nursing home, alleging that the home neglected his father, leading to the father’s death. The nursing home filed a motion to dismiss the claim…