Florida consumers rightfully expect vehicle manufacturers and dealerships to maintain integrity in their dealings and ensure that vehicles are free from defects. However, despite due diligence, in some cases, motorists end up with a defective car. These vehicles are commonly referred to as “lemons.” Fortunately, federal and state laws protect…
Every driver knows that to maximize safety while operating a vehicle, you must look both ways and double-check before pulling out of a driveway or parking spot from a stationary position. When the roadway you’re pulling into is especially busy, it can be even more dangerous. Thus, in these situations,…
A Florida appellate court recently issued an opinion addressing whether a plaintiff could hold a university teaching hospital liable for medical malpractice. The main issue turned on whether sovereign immunity protects the university teaching hospital involved in the case. In 2004, the university and healthcare system agreed to an affiliation…
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 car accidents have the potential to cause long-term severe injuries and damages; however, head-on accidents tend to carry the most significant risk of serious harm. Florida head-on accidents often occur when one motorist crosses a median and enters the path of oncoming traffic. In other cases, a head-on collision…
The United States Court of Appeals for the Eleventh Circuit recently issued an opinion in a Florida product liability lawsuit. The case arose after a meat-market manager suffered injuries while using a meat saw. The plaintiff filed a lawsuit against the saw’s manufacturer, arguing that the meat saw was negligently…
Recently, a Florida appellate court issued an opinion in an insured’s appeal of a circuit court’s final order granting her insurance company’s motion to dismiss her claim for bad faith. According to the court’s opinion, the plaintiff filed a claim with her insurance company for damages to her home from…
Under Florida Statute § 627.428, a party may be eligible to recover attorneys’ fees when a policyholder prevails and recovers actual insurance proceeds. However, not every insurance dispute or coverage lawsuit results in an award of attorneys’ fees. Typically, Florida courts authorize recovery of attorneys’ fees when the insurer has…
Florida law concerning design defect claims is continuously evolving, and courts have not reached a consensus on which test is appropriate in these matters. In most cases, courts use one of three different product liability tests: the consumer expectations test, the risk-utility test, or the reasonable alternative design test. In…
The Florida Supreme Court recently addressed the state’s statutory damages cap in cases against a governmental entity or actor. The state supreme court was tasked with answering whether the governmental immunity law caps damages at $200,00 for all injuries or deaths as claims “arising out of the same incident or…