Earlier this month, a state appellate court issued a written opinion in a personal injury case involving several interesting issues that are relevant for Florida accident victims. The case required the court to determine whether a school could be held liable for the injuries sustained by a student while playing…
South Florida Personal Injury Lawyers Blog
Court Rejects Plaintiff’s Premises Liability Case Based on the Fact that Injury Occurred Off Defendant’s Property
As a general rule, Florida landowners have an obligation to ensure that their property is safe for those whom they invite onto their property. The extent of this obligation depends on the relationship between the parties and takes into account the reason why the plaintiff was on the defendant’s property.…
Court Reverses Jury’s Verdict Based on Lack of Evidence Showing the Defendant Knew about Hazard that Caused Plaintiff’s Fall
Earlier this month, an appellate court issued a written opinion in a Florida premises liability lawsuit requiring the court to determine if the lower court was proper to deny the defendant’s motion for summary judgment. Ultimately, the court concluded that the defendant was entitled to summary judgment because the plaintiff…
Florida Court Explains Not All Injury Cases Arising in the Medical Context Should Be Considered “Medical Malpractice” Cases
Medical malpractice cases generally present complex scientific or medical concepts that are beyond the understanding of must jurors. For this reason, nearly all Florida medical malpractice cases require the testimony of experts to explain some of the issues in the case to the jurors. Experts can also offer their opinions…
Florida Supreme Court Issues Landmark Medical Malpractice Opinion
Earlier this month, the state’s Supreme Court issued a Florida medical malpractice opinion that will likely have a great impact moving forward. The case required the court to consider a patient’s right to privacy following an alleged medical malpractice event. Specifically, it addressed whether the patient loses their right to…
Florida Supreme Court Interprets “Amendment 7” To Provide Broad Right of Access to Medical Records
Back in 2004, Florida citizens amended the Florida Constitution to include a “right to have access to any records made or received in the course of business by a health care facility or provider relating to any adverse medical incident.” This amendment became known as Amendment 7. In a recent…
Court Upholds Arbitration Agreement in Recent Nursing Home Negligence Lawsuit
Earlier this month, an appellate court issued a written opinion in a nursing home case brought by the surviving loved ones of a woman who died while in the care of the defendant nursing home facility. The case presented a hot-button issue in many nursing home cases across the country: …
Court Finds Hospital Lacked Knowledge of Black Ice in Parking Garage, Dismissing Plaintiff’s Premises Liability Case
Florida landowners are responsible to maintain their property in a reasonably safe condition for those whom they invite onto the premises. This includes not just individuals, but also businesses and government entities. However, not all slip-and-fall accidents will result in the landowner being liable for the injuries of the person…
Can a Judge Override a Jury’s Verdict in a Florida Personal Injury Case?
In most Florida personal injury cases, the judge’s role is to determine which evidence is admissible at trial, rule on any objections that are made during the course of the trial, and ultimately instruct the jury on the relevant law after the parties have rested. Judges also are responsible for…
Failure to Raise an Issue at Trial May Prevent Appellate Review in Florida Personal Injury Cases
As is often the case in many of life’s endeavors, preparation is crucial to the outcome of a Florida personal injury case. While this is true across the board – from the moment the case is filed to when the jury returns a verdict – preparation is especially important when…