Kids make mistakes, and as a general rule, the law does not allow people injured by a child’s negligent actions to seek compensation from the child or from the child’s parents. However, when a child causes an injury due to willful misconduct or is engaging in certain designated dangerous activities when…
Earlier this month, an appellate court in Georgia issued a written opinion in a slip-and-fall case that was brought by a woman who slipped and fell while attempting to board a train. The plaintiff filed her claim against the transportation agency that operated the train and maintained the station. However,…
Earlier this month, the United States Court of Appeals for the Fifth Circuit released a written opinion in a premises liability lawsuit against the federal government, alleging that the United States Forest Service, through its employees, was negligent in the maintenance of bike trails in a forest. The court ultimately determined that the…
In most cases, landowners owe a duty of care to those whom they invite onto their land. As a general rule, the level of care owed to a visitor depends on the relationship between the parties. For example, a customer shopping at a business is owed a higher duty of…
Late last year, a state court of appeals issued a written opinion in a nursing home negligence case brought by the estate of the deceased resident. The case presented the court with the opportunity to discuss when an arbitration agreement is valid if it is signed by someone other than…
Earlier this month, a Florida appellate court issued a written opinion in a slip-and-fall case that was brought by a man who had fallen after slipping on a puddle of oil in a condominium complex. In reversing the lower court’s decision to grant summary judgment in favor of the defendant,…
Earlier this month, a Georgia appellate court issued a written opinion in a dog bite case in which the plaintiff was bitten by a neighbor’s dog after she was invited over to the neighbor’s home. In that case, the court discussed in detail that state’s requirement that the plaintiff establish not…
Medical malpractice cases comprise a large portion of the cases that are filed in Florida courts each year. To help courts sort through the claims, and to ensure that only meritorious claims are presented to the court, the Florida legislature has implemented a requirement that all medical malpractice lawsuits must…
Earlier this month, a Florida appellate court handed down a decision in an interesting nursing home negligence case, requiring the court to determine the validity of an arbitration contract signed by a deceased resident’s daughter. The court ultimately rejected the nursing home’s argument that, since the resident was a third-party beneficiary…
Earlier this month, a Rhode Island appellate court issued a written opinion discussing principles that are important to understand for anyone considering filing a personal injury case in South Florida. The case arose out of a slip-and-fall accident that occurred in a public park. The issue for the court to decide…