Florida nursing home residents and their families are often forced into signing arbitration agreements with nursing homes, purporting to require that the claims be resolved in arbitration. However, such agreements are not always enforceable, as shown by one recent case. According to the court’s opinion, an elderly woman was admitted…
Recently, an appeals court issued an opinion in a Florida nursing home abuse lawsuit. According to the court’s opinion, the plaintiff filed a lawsuit against a nursing home, alleging that the home neglected his father, leading to the father’s death. The nursing home filed a motion to dismiss the claim…
Florida nursing homes and medical providers can be held accountable for the negligent or criminal conduct of their employees amounting to elder abuse. And, if successful, substantial compensation may be awarded to abused patients and their families. An alarming number of nursing home residents are victims of sexual, physical, and…
It is hard to understand, given the wealth of knowledge illustrating the dangers of drunk driving, why anyone would drive after having too much to drink. However, it happens all the time. In Florida, there were over 5,000 Florida drunk driving accidents in 2017 alone. Of those accidents, 350 resulted…
Florida premises liability laws require all landowners take certain precautions to ensure that their property is safe. The extent of a landowner’s duty significantly depends on the relationship between the landowner and their guest. Guests who are on a landowner’s property for business reasons are referred to as invitees, and…
Last month, a state appellate court issued a written opinion in a Florida personal injury case involving the state’s statute of repose for claims related to the “design, planning, or construction of an improvement to real property.” Ultimately, the court concluded that the plaintiff’s claim fit within the statute’s reach,…
As a general rule, Florida landowners must take steps to make sure that their property is safe for the visitors whom they allow onto their land. For the most part, this includes publicly- and privately-owned land. However, under the Florida recreational use statute, there is an exception that allows for…
In some Florida personal injury cases, either or both parties will rely on the testimony of an expert witness to help prove their case. Typically, expert witnesses are not needed. However, if the issues involved in a case are complex and beyond the common understanding of the jurors, then an…
Earlier this month, a federal appellate court issued a written opinion in a case discussing a crucial issue that arises in many Florida personal injury cases. The case required the court to determine if the defendant insurance company could be named as a responsible party. The facts of the case…
In June 2019, a state appellate court issued a written opinion in a Florida premises liability case requiring the court determine if a property management company overseeing an apartment complex could be liable for a resident’s injuries. Ultimately, the court concluded that the agreement between the property management company and…