When a person is injured in a car accident and does not have insurance, they often encounter many issues while filing a claim. One such tool plaintiffs will use in this instance is a letter of protection. In Florida, a letter of protection is used by a person without insurance…
South Florida Personal Injury Lawyers Blog
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…
Florida Court Addresses Negligence Per Se Claim in Elevator Accident
Recently, a Florida appellate court issued an opinion addressing, amongst other issues, whether negligence per se applied in the plaintiff’s lawsuit arising after an elevator accident. The plaintiff filed a lawsuit against the owner of a two-story building after suffering injuries when stepping onto an elevator in the building. Evidently,…
Court Discusses Pain and Suffering Damages in Florida Personal Injury Lawsuit
Recently, a Florida appellate court issued an opinion in a plaintiff’s appeal of a jury’s finding that she did not suffer permanent injury and was not entitled to pain and suffering damages. The case arose after the defendant struck the plaintiff’s car as she was exiting the highway. According to…
Florida Defective Product Lawsuits Based on Recalled Hand Sanitizer
Recently, the U.S. Food and Drug Administration (FDA) announced additional products to their ever-growing list of recalled hand sanitizers. According to a recent new report, the FDA explained that the majority of the recalled products lacked enough alcohol to adequately kills germs, or the products contained potentially deadly levels of…
Filing a Florida Personal Injury Lawsuit for Faulty Personal Protective Equipment During the COVID-19 Pandemic
As COVID-19 continues to spread quickly throughout Florida, the state’s nursing homes have witnessed unprecedented illnesses related to the virus. During this time, many nursing homes have failed to adequately protect their staff and residents from the viruses’ toll. Although some of the spread is uncontrollable, the Centers for Disease…
The Various Theories of Liability in Florida Dental Injury Cases
Under Florida law, dentists and dental surgeons may be liable for medical malpractice if their negligence causes disfigurement, damage, or harm to their patients. Individuals who suffer injuries because of their dentist’s negligence must meet specific requirements to recover compensation. Generally, there are four elements to a Florida dental malpractice…
Florida Court Addresses Plaintiff’s Evidentiary Burden in Lawsuit Against Cruise Line
Recently, a Florida appellate court issued an opinion in a plaintiff’s negligence lawsuit against a cruise ship company. The lawsuit stems from injuries a woman suffered when she sat on a vanity chair while in her cabin on the cruise ship. When she sat down, the chair collapsed and caused…
The Applicability of the Set-Off Defense in Florida Car Accident Claims
In a recent opinion, an appellate court in Florida addressed the applicability of the set-off defense after a car accident victim filed a claim for damages with an insurance company. The plaintiff suffered injuries when an uninsured motorist crashed into his car, resulting in serious physical and property damage to…
What Is an “Open and Obvious” Hazard in a Florida Premises Liability Case?
To prevent injuries on their land, landowners must inform guests of any hidden dangers they might encounter. However, property owners will often try to escape liability by claiming the danger is open and obvious and, thus, they do not need to warn others about the hazard. The open and obvious…