South Florida Personal Injury Lawyers Blog

Dog Owner Liability for Non-Bite Related Injuries in Florida

Published on: October 11, 2021 | by Friedman Rodman Frank & Estrada, P.A.

Recently, the District Court of Appeal of Florida issued a decision in an appeal involving injuries a woman suffered when a dog ran towards her and her dog. The woman filed a claim against the dog owners under Florida Law Section 767.01. Under the statute, “owners of dogs shall be liable for any damages done by their dogs to a person.” The jury found in favor of the victim and returned a million-dollar verdict, which the defendants appealed. Amongst several issues, the court reviewed how causation played into cases involving non-bite-related injuries.

While prior case law reaffirmed that section 767.01 is a strict liability statute, courts have offered essential caveats to the rule. Specifically, Florida courts reject the view that strict liability for dog owners applies in every case where the dog’s actions are a factor in the injury. As such, the plaintiff must establish that the dog engaged in an affirmative or aggressive act. However, the courts also explained that the imposition of liability might be appropriate when the animal did not touch the plaintiff. Further, Florida courts have found that the common law defenses to a claim apply to Florida dog injury cases.

This case falls squarely within the statute’s provisions involving situations where a dog caused an injury to someone, but not by biting them. Here, the plaintiff’s injuries occurred when she tripped and fell while the dog lunged towards her. The defendant argued that they should be able to present comparative negligence defenses and a third-party negligence defense. The appellate court found that the lower court was correct when it precluded the defendant from presenting a third-party negligence define. However, the deprivation of the defendant’s comparative negligence defense requires a reversal and a new trial on that specific issue.

Understanding the Risks of Jet Skis & Water Runners in Florida

Published on: September 30, 2021 | by Friedman Rodman Frank & Estrada, P.A.

In Florida, where sunshine and warm weather attract thousands of tourists and residents to its waters nearly year-round, water activities are a common way to enjoy all that the state has to offer. Unfortunately, water activities involving jet skis and water runners can often pose significant risks to those who operate them—especially if they do not have adequate experience or knowledge of the risks. To best protect yourself on your next vacation, it is important to understand the potential risks of these activities so that you can enjoy your time on the water—but do so safely.

According to a recent local news report, a tragic jet ski crash led to the death of a Florida woman. The Florida Fish and Wildlife Conservation Commission reported that a jet ski occupied by a man and woman was traveling north on Pablo Creek when the driver attempted to navigate the jet ski under a bridge while traveling approximately 20 to 25 miles per hour. The male driver crouched down to drive under the bridge, but his female passenger failed to crouch down and struck her head. After she collided with the bridge, she was thrown into the water. She was pulled from the water and brought on to the shore by the St. Johns County Fire Rescue, where she was pronounced dead. Local authorities report that the accident is still under investigation.

This jet ski accident is just one of many that take place in Florida when the state’s waters are crowded during the warmer months. Although many Floridians are familiar with jet skis, they may not fully understand the risks of operating or owning one, or the corresponding laws.

Florida Appeals Court Upholds Jury Verdict Despite Defendant’s “Admissions”

Published on: September 30, 2021 | by Friedman Rodman Frank & Estrada, P.A.

A Florida appeals court recently considered a Florida car accident case in which the jury had found in the defendant’s favor, despite admissions made by the defendant. The defendant had been driving a car and collided with a motorcycle, resulting in a fatality. The plaintiff filed a claim against the defendant and the case went to trial. According to the court’s opinion, prior to the trial, the defendant made some “admissions” in her deposition, which were admitted at the trial. Despite this, the jury found in favor of the defendant, finding she was not the cause of the crash. The plaintiff filed a motion for a new trial, which the trial court denied. On appeal, the plaintiff argued that the jury’s decision was contrary to the evidence presented at trial and that the jury was bound by the defendant’s admissions.

If a party receives a jury verdict that is not in their favor, the party may be able to appeal the decision and other decisions made by the trial court. On appeal, a Florida appeals court reviews the decisions made by the trial court under different standards, depending on the decision. If a party files a motion for a new trial, the trial court will review the decision to see if it was supported by “competent, substantial evidence,” while considering the court’s observations about the witnesses at trial.

Thus, a trial judge can consider, in light of these observations, whether the jury’s verdict was “unjust” or a “miscarriage of justice.” When an appeals court reviews a denial of a motion for a new trial, the appeals court can only consider whether the trial court “abused its discretion” in denying the motion for a new trial. Thus, the appeals court should only overturn the judge’s decision if the evidence at trial clearly and obviously reflected a verdict in the other party’s favor—only where there is “no rational basis in the evidence to support the verdict.” In addition, if a party appeals a jury’s verdict, an appeals court will consider whether the verdict was “contrary to the manifest weight of the evidence.”

Understanding Slip and Fall Accident Lawsuits in Florida

Published on: September 23, 2021 | by Friedman Rodman Frank & Estrada, P.A.

If you are injured in a slip and fall accident in Florida, it is crucial that you know what options you have to recover. Should you decide to file a personal injury claim, there are various laws that may apply to your case. Because Florida is one of the few states with detailed slip and fall laws, potential plaintiffs are advised to hire an experienced slip and fall or personal injury lawyer to assist them with navigating their lawsuit.

In a recent District Court of Appeal decision, the court considered a slip and fall injury that took place in a Winn-Dixie grocery store in Florida. The plaintiff filed a negligence action against the defendant, Winn-Dixie, alleging that she suffered injury after slipping on liquid detergent on the floor of the grocery store. According to the plaintiff’s testimony, there were no footprints in the detergent, and she had no knowledge of how long the detergent had been on the floor or whether any employees knew of the spill. A Winn-Dixie store manager testified that five minutes before the incident, an employee had checked the area. The lower court granted summary judgment in favor of Winn-Dixie, finding that the plaintiff failed to establish that the defendant had actual or constructive notice of the condition.

On appeal, the plaintiff argued that the lower court erred in granting summary judgment to the grocery store because discovery was ongoing and there was an abuse of discretion. The District Court of Appeal disagreed and found no abuse of discretion. Because trial courts can grant a motion for summary judgment despite the pendency of discovery, the lower court did not err in its decision.

Pre-Suit Notice Requirements Complicate Florida Medical Malpractice Claims

Published on: September 23, 2021 | by Friedman Rodman Frank & Estrada, P.A.

The procedural requirements for successfully pursuing a Florida medical malpractice claim may be complicated and confusing to victims of medical malpractice. Plaintiffs must be sure they are pursuing a case in the proper venue against any appropriate defendants. Additionally, plaintiffs must initiate their claim within the statute of limitations period and also meet several pre-suit notice requirements that can appear frivolous. These procedural requirements are far from frivolous, however, because a plaintiff’s failure to fulfill any of the requirements could be permanently fatal to their claim, irrespective of whether the defendant committed malpractice or not. A recent opinion published by the Florida District Court of Appeal discusses the issue of pre-suit notice requirements of a Florida medical malpractice claim.

The plaintiff in the recently decided suit received treatment from the defendant after suffering injuries while incarcerated. According to the facts discussed in the appellate opinion, the plaintiff alleged that the defendant committed medical malpractice by making mistakes during a surgery performed on the plaintiff, which caused permanent damage. The plaintiff pursued a medical malpractice claim against the defendant based on the alleged negligence.

Florida law requires medical malpractice plaintiffs to meet certain pre-suit notice requirements in order to have their claims heard by the court. In addition to other notice requirements, plaintiffs must notify each defendant by certified mail that they are being sued for medical malpractice and include an authorization form to release the plaintiff’s medical records for the upcoming suit. If these notices are not properly sent to each defendant within the two-year statute of limitations for a Florida medical malpractice claim, a plaintiff’s suit can be dismissed without any analysis of their actual claims.

An Airborne Vehicle Kills Two in Florida Accident

Published on: September 16, 2021 | by Friedman Rodman Frank & Estrada, P.A.

Despite innovations in technology to make life easier, accidents often still occur. When these accidents cause injury or death, the responsible party will often blame the technology for the incident. However, in many cases, the user of the technology has still made errors leading to the accident. Because of this, they are still liable, and the injured person can bring a negligence lawsuit. But when the accident was not the fault of another person but actually a defective product, Florida law allows the injured party to bring a lawsuit in this instance too. Since it is difficult to discern whether a person should bring a negligence or a defective product lawsuit, listed below are the elements of both negligence and products liability lawsuits.

In Florida, an airborne Tesla plowed through a stop sign and into a home early last week. According to one news report, the car was fully airborne when it crashed through the house, leaving a massive hole in the middle of the property. The driver of the car sped through a stop sign and hit a curb—this sent the car into the air and into the house. The accident caused the death of a 69-year-old woman in the house, a passenger in the car, and left three people seriously injured. While the vehicle has an Autopilot function, it was not deployed at the time of the accident.

Negligence Lawsuits

Florida Man Arrested After Multi-Vehicle Crash

Published on: September 16, 2021 | by Friedman Rodman Frank & Estrada, P.A.

After the death of a loved one in an accident, many things may feel out of the family’s control. However, something the loved ones of the deceased can control is whether or not to bring a lawsuit if the accident was caused by another person. These lawsuits are called wrongful death lawsuits, which can be brought in any state. However, states, including Florida, have different requirements for who can bring the lawsuit along with what the parties must allege.

Recently, a Florida man was arrested after a multi-vehicle crash led to fatalities. A man from Miami was traveling west on I-80 and rear-ended another vehicle, which was then hit by another car. In total, the crash involved eight vehicles and caused two fatalities—a father and son who were in the car who was initially rear-ended—and five other people were transported to the hospital with non-life-threatening injuries. Police indicated the initial driver caused the accident by not paying attention and driving extremely fast; he has been arrested on two counts of motor vehicle homicide.

Many states have specific laws dedicated to bringing a wrongful death lawsuit. In Florida, the Wrongful Death Act governs all wrongful death suits. The purpose of the Wrongful Death Act is to shift the losses when a wrongful death occurs from the deceased’s survivors to the wrongdoer of the act. Because of this, the family of a person killed under these circumstances can bring a lawsuit against the responsible party. However, there are strict requirements that must be met in order for a wrongful death lawsuit to be successful. A lawsuit can only be brought if the death of the person is caused by the wrongful act or negligence of another person, and the accident would have entitled the deceased to bring a personal injury lawsuit if they had not died.

Florida Teacher and Her Family Killed in DUI Car Crash

Published on: September 9, 2021 | by Friedman Rodman Frank & Estrada, P.A.

Car accidents are traumatic for those involved, as well as for an accident victim’s loved ones who were not a part of the accident. When someone is killed in a tragic car accident, bringing a lawsuit is not the first thought on the family’s mind. As time progresses, and if they decide that they want to financially recover, the family may be confused about who is permitted to bring the lawsuit. However, Florida law has specific requirements for who is able to bring a wrongful death lawsuit after a loved one has passed away in a car accident.

Recently, a car accident in Miami claimed the lives of a teacher, her husband, and her mother. The teacher, who was driving her mother to her dialysis treatment, was struck by another driver as she was trying to make a turn. Miami-Dade police later indicated that the driver of the second vehicle had been drinking and this likely caused the accident.

In situations like the aforementioned tragedy, it may be confusing to determine who should bring a wrongful death lawsuit. According to Florida law, the lawsuit must be brought by the deceased’s “personal representative” with the intent to obtain compensation for the benefit of the deceased’s “survivors.” A deceased’s “survivors” can include their spouse, children, parents, siblings, and other extended family members. The law also allows other individuals to financially recover from the loss of a loved one if they depended on the deceased for support—either emotionally or financially. Therefore, Florida law provides many family members with the opportunity to sue the accountable party after the loss of a loved one in a car accident.

Tragic Accident on the Florida Turnpike Kills Two Drivers

Published on: September 9, 2021 | by Friedman Rodman Frank & Estrada, P.A.

Most Florida drivers understand and respect the requirement that they move over to avoid the lane adjacent to a stopped police or emergency vehicle. When possible, drivers should steer their vehicle into another lane if there is an emergency vehicle stopped on the shoulder or the side of the road. Drivers may not know that it is equally important to stay away from any stopped or disabled vehicle on the side of the road. A recent fatal accident on the Florida turnpike was caused when the driver of a pickup truck struck a tow truck that was assisting a disabled vehicle on the shoulder of the turnpike.

According to a local news report discussing the crash, a tow truck had stopped on the shoulder of the Florida Turnpike in Lake County and was preparing to tow a disabled vehicle as a pickup truck approached. The driver of the pickup truck stayed in the lane closest to the tow truck and veered into the shoulder unexpectedly. The pickup truck struck the tow truck and the driver of the tow truck, who was outside of the vehicle at the time. After the initial collision, the pickup truck rolled, and the driver was ejected from the vehicle. Both the tow truck driver and the driver of the pickup truck were killed as a result of the collision. A passenger in the pickup truck survived but was taken to a local hospital in serious condition.

Florida Motor Vehicle Code Section XXIII(316)(26)(116)(1)(b) requires drivers to move over from the closest lane from an emergency, utility, or service vehicle that is stopped on the side of the road performing professional duties. Drivers who fail to follow the move over law can be cited with an infraction offense. In the event of an accident that occurs because a driver failed to follow the move over law, the driver can be found negligent and responsible for damages to any other drivers who are hurt or suffer property damage as a result of a crash.

Two Killed in Florida Head-On Car Accident

Published on: August 31, 2021 | by Friedman Rodman Frank & Estrada, P.A.

A narrow, two-lane road is enough to make even the most skilled of drivers nervous. Sometimes, these roads lack a proper shoulder or only have an extremely narrow one. Often, no matter how carefully you drive on these roads, accidents happen. Unfortunately, because of the lack of space on two-lane roads, some of the accidents that take place are head-on collisions.

According to a recent local news report, two motorists were killed after a major head-on collision. Local authorities reported that the first vehicle, a sedan, was driving westbound when it veered suddenly into the path of an SUV driving in the opposite direction. Both drivers were killed in the head-on collision. The SUV driver was pronounced dead at the scene while the driver of the sedan was transported to a local hospital where he later was pronounced dead. A passenger of one of the vehicles remains hospitalized.

Although head-on collisions are rare compared to other types of car accidents such as rear-end accidents or hit-and-runs, the risk they carry should not be dismissed by drivers. Unfortunately, Florida, like other states, experiences its fair share of head-on collisions. Statistics estimate that only two percent of car crashes are head-on collisions, but that they account for well over 10 percent of driving fatalities. Thus, it is safe to say that head-on collisions are considered to be one of the most dangerous—and deadly—types of car accidents out there.