In a recent case, a mother sued several medical professionals both on behalf of herself and her deceased 21-year-old daughter’s estate. She alleged that the medical professionals were negligent after her daughter died of MRSA lobular necrotizing pneumonia. The defendants filed a motion asking the lower court to take judicial…
What is a “statute of repose?” In Florida, a statute of repose creates strict time limitations for a claimant to bring a claim against defendants. The right to bring that claim can be completely extinguished after a specific period based on the statute of repose. The limitation runs from the…
Florida’s large tourism industry gives rise to interesting legal questions regarding personal jurisdiction over cruise line defendants who have been negligent. Personal jurisdiction refers to whether the court has power over the parties in a particular lawsuit. If a court does not have personal jurisdiction, its rulings and orders can’t…
In a recent case, a woman sued a Florida cafe to recover compensation for personal injuries she suffered when she was attacked inside a popular restaurant and bar near the beach. On the night she was attacked, she had come to the restaurant to give her roommate (a bartender) a…
Interesting questions are presented in cases in which a security guard is negligent, leading to personal injuries or even death. Is the guard responsible for intentional misconduct by another person? In a recent case, a woman was murdered at her home in a gated community by a burglar. The community…
What happens when an accident is partly your fault? Plaintiffs whose injuries are the result of both their own negligence and other peoples’ negligence may have their damages reduced in proportion to their own fault. In a recent case, a plaintiff was found to be 90% negligent for not wearing…
It is important to read liability releases before signing them. However, even people who do read releases may have trouble figuring out what they’re signing. A serious ambiguity in a release may make it unenforceable. On the other hand, other factors may prevent recover, as they did in a recent…
Personal injury victims in Florida are entitled to jury trials. In a recent case, a plaintiff appealed because the trial court denied her challenge to a jury for cause. Also at issue was the trial court’s refusal to permit her to tell the jury about her Social Security disability status…
Medical malpractice cases can turn on expert testimony. What other kinds of evidence may be used to show a doctor is negligent? A doctor’s history of educational difficulties and failures are typically inadmissible to prove negligence. In a recent case, the plaintiff was referred to a doctor after she told…
In a recent case an appellate court reviewed a high school’s liability in the death of a student and catastrophic injury of another after consuming excessive alcohol at a private home. The case arose when students received copies of a somewhat unintelligible invitation to an end-of-the-year party at a home…