The widespread use and inexpensive nature of technology offers evidence for trials today that would not have been available earlier in history. Videotape is one type of technology that has impacted personal injury trials. In a recent case, a plaintiff challenged a trial court’s judgment in favor of the defendant…
In a 2010 case, the appellate court considered whether summary judgment was proper in a wrongful death lawsuit. The case arose when a man drowned while a floating dock was being installed at property owned by Walt Disney World. He was employed by a water sports concession located at a…
In a recent case, a mother sued several medical professionals both on behalf of herself and her deceased 21-year-old daughter’s estate. She alleged that the medical professionals were negligent after her daughter died of MRSA lobular necrotizing pneumonia. The defendants filed a motion asking the lower court to take judicial…
What is a “statute of repose?” In Florida, a statute of repose creates strict time limitations for a claimant to bring a claim against defendants. The right to bring that claim can be completely extinguished after a specific period based on the statute of repose. The limitation runs from the…
Florida’s large tourism industry gives rise to interesting legal questions regarding personal jurisdiction over cruise line defendants who have been negligent. Personal jurisdiction refers to whether the court has power over the parties in a particular lawsuit. If a court does not have personal jurisdiction, its rulings and orders can’t…
In a recent case, a woman sued a Florida cafe to recover compensation for personal injuries she suffered when she was attacked inside a popular restaurant and bar near the beach. On the night she was attacked, she had come to the restaurant to give her roommate (a bartender) a…
Interesting questions are presented in cases in which a security guard is negligent, leading to personal injuries or even death. Is the guard responsible for intentional misconduct by another person? In a recent case, a woman was murdered at her home in a gated community by a burglar. The community…
What happens when an accident is partly your fault? Plaintiffs whose injuries are the result of both their own negligence and other peoples’ negligence may have their damages reduced in proportion to their own fault. In a recent case, a plaintiff was found to be 90% negligent for not wearing…
It is important to read liability releases before signing them. However, even people who do read releases may have trouble figuring out what they’re signing. A serious ambiguity in a release may make it unenforceable. On the other hand, other factors may prevent recover, as they did in a recent…
Personal injury victims in Florida are entitled to jury trials. In a recent case, a plaintiff appealed because the trial court denied her challenge to a jury for cause. Also at issue was the trial court’s refusal to permit her to tell the jury about her Social Security disability status…