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…
South Florida Personal Injury Lawyers Blog
Court Dismisses Appeal Based on Plaintiff’s Failure to Object at Trial, Illustrating Importance of Properly Preserving Issues in Florida Personal Injury Cases
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…
Maintenance Company May Be Liable for Restaurant Employee’s Injuries Following Slip-and-Fall Accident
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…
Court Determines Distracted Slip-and-Fall Accident Victim Was Not Entitled to Compensation
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…
Medical Malpractice Case Dismissed Due to Plaintiff’s Failure to Present Sworn Expert Testimony
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…
Construction Zone Accident Results in $3 Million Verdict for Injury Victim
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…
Court Declines to Impose Duty on Landowner to Trim Trees Near Intersection
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…
Plaintiff’s Failure to Follow Instructions Included with Air-Powered Tool Results in Dismissal of Product Liability Case
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…
Court Finds Landlord Is Not Liable in Recent Dog Bite Case
Under Florida law, a dog owner can be held strictly liable for any injuries caused by their animal. This means that in a Florida dog bite case, the plaintiff will not need to establish that the animal’s owner was negligent in any way or that the owner knew of the…
Court Determines Plaintiff Was Not Responsible for the Destruction of Relevant Evidence
Last month, a state appellate court issued an opinion in a personal injury case rejecting the defendant’s claim that the plaintiff’s case should be dismissed based on the plaintiff’s failure to preserve relevant evidence. The case is important for Florida personal injury plaintiffs because it illustrates both the importance of…