Last month, one state’s appellate court issued a written opinion in a premises liability lawsuit that required the court to determine if the lower court was proper in granting the defendant’s motion for judgment as a matter of law. Ultimately, the court concluded that since the plaintiff presented evidence that gave…
When someone is injured due to a negligently designed or defectively manufactured product, they may be able to pursue compensation for their injuries from several parties, including the manufacturer, distributor, and retailer. These product liability lawsuits often are brought under a theory of strict liability, which does not require a…
Under Florida’s dangerous-instrumentality doctrine, a vehicle owner who entrusts his or her vehicle to another person who negligently causes an accident can be held liable for any injuries. Essentially, this doctrine holds the owners of dangerous instrumentalities – including motor vehicles – liable when they loan the vehicle to another…
Earlier this year, an appellate court in Iowa issued a written opinion in a medical malpractice case discussing the interesting topic of whether a plaintiff should be permitted to bring a medical malpractice case seeking compensation for the wrongful birth of a child. Ultimately, after surveying the laws of other…
Earlier this month, a state appellate court issued an interesting opinion in a slip-and-fall case that presented the court with the opportunity to discuss the res ipsa loquitur doctrine. The case involved somewhat bare allegations made by the plaintiff that were unsupported by any other evidence. As a result, the…
Last year, a Florida motorist was killed in a traffic accident when the Tesla car he was operating crashed into the side of a semi-truck. Evidently, the Tesla was traveling at highway speeds when a semi-truck pulled in front of the car. At the time, the Tesla was in auto-pilot…
In many South Florida auto accident cases, there are actually several parties who can potentially be held responsible for a victim’s injuries. For example, if an employee causes an accident while on the job, both the employee as well as the employer can often be named in a subsequent personal…
Earlier this month, the District Court of Appeal for Florida’s Fourth Circuit issued an interesting written opinion in a medical malpractice case requiring the court to determine if a medical release waiver signed by the plaintiff should prevent the plaintiff’s medical malpractice case from proceeding to trial. Ultimately, the court…
Earlier this month, a Florida appellate court issued a written opinion in a premises liability case brought by a man who tripped and fell while practicing on-stage with a church band. The case presented the court with the opportunity to discuss the “assumption of the risk doctrine” and when it…
After a 38-year-old man was shot and killed, his mother and his five-year-old son filed survival and wrongful death claims against the shooter. The man was killed in August 2009, and on June 9, 2015, the man’s mother and the man’s then five-year-old son filed a complaint against the shooter.…