What happens if a rental car company rents a car to a driver who proves to drive negligent and hurts or kills someone? In a recent appellate case, a man was killed in Florida while riding in a 2008 Corvette that was rented from Hertz and driven by the defendant.…
An interesting wrongful death case regarding the validity and applicability of arbitration agreements arose recently when a nineteen-year-old enrolled at Teen Challenge’s substance abuse facility in Florida. He signed an arbitration agreement that stated he accepted the Bible as the word of God and that God wanted the parties to…
Often plaintiffs must work towards settlement not only with a defense attorney, but also an insurer. One strategic area during a lawsuit is settlement offers. There can be an advantage to trying to settle early. However, offers must be extremely specific. This is why it is critical to secure the…
Usually a Florida landowner or an employer of an independent contractor is not liable for negligent acts of the independent contractor. There are exceptions, among them an exception for work that creates exceptional risks. In a wrongful death case earlier this year, a large tractor was moving along the interstate…
Egregious conduct during a Florida personal injury or medical malpractice lawsuit can lead to the court dismissing a case with prejudice. This is an extreme measure that means a plaintiff cannot come back and have a jury hear his or her case. What is egregious conduct? One example is extreme…
Many Florida health care providers ask patients to sign arbitration agreements before they are treated. These agreements keep medical malpractice cases from going before a jury. A medical malpractice cause of action in Florida is controlled by Chapter 766 of the Florida Statutes, the Medical Malpractice Act (MMA). The MMA…
What happens if a plaintiff’s injuries are so severe, he or she dies during the course of a lawsuit? Does the case get dismissed? Can a spouse or other relative be substituted in as plaintiff? The Florida Supreme Court recently discussed this important issue as it related to a personal…
The Florida Supreme Court adopted the dangerous instrumentality doctrine in 1920. This doctrine provides: a vehicle owner (and others that own inherently dangerous tools) may be held vicariously liable when he or she consents to let someone drive his vehicle who operates it irresponsibly and causes damages. The doctrine is…
The Fifth District Court of Appeal of Florida recently reviewed a trial court’s dismissal of a wrongful death action for plaintiff’s failure to comply with the pre-lawsuit requirements for medical malpractice cases. In medical malpractice cases, a plaintiff must meet certain requirements, such as investigating before filing suit and giving…
The Supreme Court of Florida recently decided Laizure v. Avant at Leesburg, a very important case for the many Florida residents whose elderly parents are in nursing homes. In that case, an elderly man died several days after he was admitted to a nursing home for rehabilitation after surgery. The…