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…
South Florida Personal Injury Lawyers Blog
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 Head-On Car Accidents
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…
Court Addresses Applicability of Risk Utility and Consumer Expectation Tests in Florida Product Liability Case
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…
Court Finds in Favor of Plaintiff in Florida Insurance Coverage Dispute
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…
Recovering Attorney’s Fees After a Florida Insurance Coverage Lawsuit
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…
The Applicability of Risk-Utility Tests and Consumer Expectation Tests in Florida Defective Device Lawsuits
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…
Damages Caps in Florida Lawsuits Against Government Entities
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…
The Effect of Willful Non-Compliance in a Florida Insurance Claim Proceeding
Owning a home is a major milestone, but also comes with significant responsibilities and costs. Unlike renting, maintenance is no longer a call away to help fix things when they break or leak in your home. Home insurance, however, can often provide recourse in unexpected situations that are out of…
Filing a Florida Products Liability Case After A Hot Beverage Spill
Visiting a coffee shop and purchasing a hot beverage is a delight for many people. However, when the coffee cup is defective, it can lead to serious injuries. Those injured by defective or dangerous products may be able to obtain compensation for their injuries through a Florida product liability claim.…