Vaginal mesh injuries have resulted in many Florida products liability claims in recent years. Vaginal mesh has been used to treat women’s health issues, such as pelvic organ prolapse and stress urinary incontinence, by supporting weakened or damaged tissue. However, the use of vaginal mesh has led to serious complications…
In order to prove a Florida personal injury claim, a plaintiff has the burden to prove all of the elements of a negligence claim. Negligence cannot be presumed. This means that there must be at least some evidence to prove each element of negligence. In proving causation, Florida courts have…
In the tragic event of a Florida DUI accident, people other than the driver may be held responsible for the crash in some circumstances. If another person or establishment allowed the operator to drive drunk, they may be found liable for the driver’s actions in a Florida personal injury claim.…
Sovereign immunity protects federal, state, and local governments from lawsuits, and can bar many Florida car accident cases from court. However, federal, state, and local governments can still be sued in many circumstances. This includes tort claims against the state of Florida or local governments for any act for which…
Understanding when a person or entity must preserve evidence and how to get them to do so is an important part of a Florida product liability case. For example, if a person claims that a product is defective, preserving the evidence so that it can be inspected is essential. A…
The existence of a building code violation may be used as evidence of negligence in some Florida premises liability cases. Evidence of a violation may constitute negligence per se, where a defendant’s conduct may be automatically considered negligent. However, the Florida Supreme Court has stated that not all violations of…
Negligent entrustment is a cause of action recognized in Florida personal injury cases. Proving negligent entrustment generally means establishing that another person or entity negligently allowed someone to use a dangerous object. In Florida, state courts have recognized section 390 of the Second Restatement of Torts, which states that if…
Florida personal injury cases can be complex, particularly when it comes to proving damages in cases where bills were already paid through another source. In a recent case before a state supreme court, the court considered whether to admit evidence of the original medical bill amount versus the amount actually…
Although injured workers must normally recover financial compensation from their employers through Florida workers’ compensation, an independent contractor may be able to recover for workplace injuries through a personal injury case. One federal appeals court recently dismissed a case that was brought in federal court involving an independent contractor who…
Slip and fall accidents can occur virtually anywhere and often have a lifelong impact on the victim. Florida premises liability lawsuits can be challenging, but accidents that occur on public property are inherently more complex. Some common examples of defective or dangerous conditions on public property are slippery surfaces, uneven…