In a recent state appellate decision, a Florida court upheld a jury’s verdict in favor of a plaintiff who was seriously injured after being rear-ended by a van while stopped in traffic on the Buckman Bridge. The case required the court to determine whether the plaintiff’s case improperly relied upon…
Anytime someone participates in a sporting activity, there is a risk that they could be injured. However, participants reasonably assume that the organization arranging the game has implemented rules to keep players safe and free from experiencing an unnecessary Florida sports injury. In a recent opinion released by a federal…
Recently, a state appellate court issued a written opinion in a personal injury case illustrating an important difference between Florida personal injury law and the laws of many other states. The case involved the defendant’s allegation that the plaintiff assumed the risk of injury and thus, should be precluded from…
Recently, a state appellate court issued a written opinion in a personal injury case illustrating the importance of taking all steps to properly preserve any issues a party believes a judge decided wrongly in a Florida personal injury case. In this case, the court ultimately dismissed the plaintiff’s appeal because…
Recently, a state appellate court issued a written opinion in a personal injury case presenting an interesting issue that frequently arises in Florida premises liability lawsuits. The case required the court to determine if the defendant maintenance company had a contractually imposed duty to the plaintiff to warn the plaintiff’s…
Florida landowners owe a duty of care to those whom they invite onto their property. Generally speaking, a plaintiff must show that the defendant knew or should have known about the hazard that caused the plaintiff’s fall and that the defendant failed to act to remedy the hazard or warn…
Before a court hears any Florida medical malpractice case, specific procedural requirements must be met. If a court determines that a plaintiff failed to follow each of the necessary steps, the court will very likely dismiss a plaintiff’s claim. While some plaintiffs may be able to re-file their complaint after…
Not long ago, a man who was injured after he was involved in an accident with a construction vehicle was awarded $3 million after a jury trial. In a recent opinion, an appellate court affirmed the jury’s verdict. The case presents several interesting issues for Florida truck accident victims, or…
In a recent personal injury opinion, a state appellate court rejected a plaintiff’s claim against the defendant landowner that was based on the landowner’s failure to trim trees that the plaintiff claimed blocked the view of oncoming traffic. The case presents an interesting issue for Florida car accident plaintiffs because…
Recently, a state appellate court issued an opinion in a personal injury case discussing whether a plaintiff’s case against a defendant manufacturer is subject to dismissal at the summary judgment stage if the defendant manufacturer can establish that the plaintiff misused the product at issue. Ultimately, the court concluded that…