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…
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…
A state appellate court recently released an opinion in a case discussing the doctrine of res ipsa loquitor as it relates to personal injury matters. Res ipsa loquitor is a Latin phrase that roughly translates to “the thing speaks for itself.” The doctrine may apply in some Florida personal injury cases where…
Recently, a state appellate court issued an interesting opinion in a personal injury case discussing whether the defendant grocery store had a duty to provide staged shopping carts for the use of customers. Ultimately, the court concluded that the store did not have such a duty and did not voluntarily…
In a recent personal injury case, a state appellate court issued a written opinion discussing whether a police department could be held liable under the state’s tort claims act for injuries caused while the officer was responding to an emergency call. The case presents an important issue for Florida car…
Last month, a state appellate court issued an opinion in a personal injury case that raised an interesting issue that arises in many Florida slip-and-fall cases. The case presented the court with the opportunity to discuss the extent of the duty that was owed to the plaintiff by the defendant,…
Recently, a state appellate court issued a written opinion in a personal injury case discussing whether a plaintiff could pursue a respondeat superior claim as well as a negligent entrustment claim against an employer based on an employee’s negligent conduct. The case is important to Florida car accident victims because…
In Florida, when a dog attacks someone who is on public property or if they are bitten while on private property (with the owner’s permission), they can pursue a claim for compensation from the animal’s owner for any injuries they sustained. The state’s dog bite statute governs these Florida dog…
When a plaintiff files a Florida personal injury case, in many instances the defendant will file a motion for summary judgment claiming that the plaintiff’s case is insufficient as a matter of law. Essentially, in a summary judgment motion, the defendant argues that there are no disputed factual issues in…
In a recent appellate decision, the Florida Supreme Court held that construction loaders are considered dangerous instrumentalities as a matter of law. As a result of the court’s opinion, Florida personal injury victims who have been injured by these dangerous machines can pursue a claim for compensation against the owners…