South Florida Personal Injury Lawyers Blog

The Element of Causation in Florida Personal Injury Cases

Published on: June 3, 2019 | by Friedman Rodman Frank & Estrada, P.A.

The typical Florida personal injury case requires the plaintiff to establish proof of four elements: duty, breach, causation, and damages. In many cases, the defendant acknowledges that they breached a duty that was owed to the plaintiff and that the plaintiff suffered injuries, but they claim that their breach of the duty was not the cause of the plaintiff’s injuries.

To satisfy the causation element, a plaintiff must show that their injuries were the direct or natural consequence of the defendant’s actions. Importantly, a Florida personal injury plaintiff does not need to prove that the defendant’s negligence was the only cause of their injuries, only that it was a contributing factor. A plaintiff can even recover from a negligent defendant if the plaintiff shared responsibility for the accident resulting in their injuries.

Proving that the defendant’s actions were the legal cause of an injury can be tricky, depending on the circumstances. Generally, a plaintiff cannot rely on speculation and must present some evidence indicating that the defendant’s actions were the cause of the plaintiff’s injury. A recent decision issued by a state appellate court discusses the element of causation.

Important Facts About Florida Medical Malpractice Cases

Published on: May 30, 2019 | by Friedman Rodman Frank & Estrada, P.A.

While filing any personal injury case can be complicated, Florida medical malpractice cases have an exceptionally complex set of procedural requirements. If a plaintiff fails to follow these exacting requirements, the court will likely dismiss their case, potentially leaving the plaintiff without any remedy for their injuries.

When discussing the requirements of a medical malpractice lawsuit, perhaps the best place to start is with the Florida medical malpractice pre-suit requirements. Before an injury victim can file a medical malpractice case, they must provide notice to each of the defendants named in the lawsuit. The plaintiff must attach an affidavit from a medical professional stating that the plaintiff has a valid medical malpractice claim.

Once the defendant receives the plaintiff’s pre-suit notice, there is a 90-day period in which the defendant must investigate the claim and determine whether they will contest the allegations or agree to settle the claim. During these 90 days, the statute of limitations is tolled. If the defendant denies liability, the plaintiff will have 60 days from that date, or until the end of the statute of limitations, to file a formal case against all defendants.

Florida Product Liability Design Defect Cases

Published on: May 28, 2019 | by Friedman Rodman Frank & Estrada, P.A.

When someone is injured due to a dangerous product, manufactures, retailers, and any other person or company in the supply chain can generally be held liable through a Florida product liability lawsuit. There are several theories under which an injury victim can bring a product liability lawsuit, including defective design claims, manufacturing defect claims, and failure-to-warn claims.

Design defect claims arise when a product’s design itself is dangerous. Thus, no matter how carefully the product is manufactured, it cannot be made safe. These claims can be proven by showing that the product failed to satisfy consumer expectations of a safe product or by showing that the risks presented by the product outweigh its benefits.

As noted above, a Florida defective design claim can generally be brought against any actor in the supply chain. This includes manufacturers, suppliers, distributors, retailers, as well as any other party that helps make the product available to the public. In a recent case, a state appellate court was asked to determine if a manufacturer could be held liable for a plaintiff’s injuries when the plaintiff rented the vehicle from a rental agency.

Witness Credibility in Florida Personal Injury Cases

Published on: May 22, 2019 | by Friedman Rodman Frank & Estrada, P.A.

One of the most important aspects of a Florida personal injury case is the credibility of the witnesses that a party plans to call at trial. Indeed, in many Florida car accident claims, the case comes down to a “he said, she said” situation where one witness’ testimony is directly contradicted by another’s. When this is the case, ultimately, the jury must determine which party’s witnesses were more credible.

Before a Florida personal injury case ever reaches trial, the defendant will likely file a motion for summary judgment, arguing that the plaintiff’s case is insufficient as a matter of law. Essentially, when a defendant files a summary judgment motion, they are claiming that the important factual issues necessary to decide the case are not contested, and when the court applies the law to these facts, a defense verdict is warranted.

Importantly, summary judgment is appropriate only if the defendant can show there are no issues of material fact that must be resolved by the jury, and the defendant is entitled judgment as a matter of law. Thus, there are two ways to defeat a motion for summary judgment. First, the plaintiff can show that there is at least one issue of material fact that is not resolved by the evidence presented thus far. Second, the plaintiff can argue that when the law is applied to the uncontested facts, a verdict in the plaintiff’s favor is appropriate. So, while a witness’ credibility is of critical importance at trial, it is almost irrelevant in a motion for summary judgment. A recent state appellate decision illustrates this concept.

Florida Personal Injury Cases Involving Multiple Potential Legal Standards

Published on: May 20, 2019 | by Friedman Rodman Frank & Estrada, P.A.

In March 2019, a state appellate court issued a written opinion in a personal injury case involving a golf cart accident that occurred on the defendant’s property. The case required the court to determine whether the plaintiff’s claim against the defendant was more appropriately characterized as a premises liability case or a motor vehicle accident.

The case is important for Florida personal injury victims because it illustrates that there are often multiple theories of liability a plaintiff may be able to pursue against a defendant. In addition, the case shows that the outcome of a plaintiff’s claim may depend on the theory of liability they choose to pursue.

According to the facts section of the appellate court’s opinion, the plaintiff was injured in a golf cart accident. At the time of the crash, the defendant was driving the golf cart, and the accident occurred on the defendant’s land. The plaintiff sustained serious injuries as a result of the accident, and filed a personal injury case against the defendant. Specifically, the plaintiff claimed that the defendant negligently operated the golf cart, resulting in her injuries.

Court Allows Florida Injury Victim to Pursue Punitive Damages Against Ride Owner

Published on: May 16, 2019 | by Friedman Rodman Frank & Estrada, P.A.

In April 2019, a state appellate court issued a written opinion in a Florida personal injury lawsuit determining whether the lower court properly allowed the plaintiff leave to amend her complaint to add punitive damages in her claim against the defendant. Ultimately, the court determined that it did not have the authority to review the lower court’s decision.

According to the court’s opinion, a minor child was injured while on a ride called the “Psycho Swing.” The defendant owned the ride. The girl’s parents filed a personal injury lawsuit against the defendant and several other parties, including the employees operating the ride at the time of their daughter’s injury. The plaintiffs claimed that the ride was missing “crucial safety equipment, safety instructions, etc.” Specifically, the plaintiff contended that the defendant was negligent in renting out the ride without a safety harness or instructions.

Initially, the plaintiffs claim only included a request for compensatory damages. However, after obtaining additional information, the plaintiff’s sought to amend their complaint to seek punitive damages. The court granted the plaintiff’s request, and the defendant appealed the court’s decision immediately.

When Must a Plaintiff Comply with Strict Requirements of a Florida Medical Malpractice Lawsuit?

Published on: May 14, 2019 | by Friedman Rodman Frank & Estrada, P.A.

When a patient is injured after receiving negligent medical care, they may be able to pursue a Florida medical malpractice lawsuit against the medical professionals they believe to be responsible for their injuries. Florida medical malpractice lawsuits, however, are subject to several additional requirements that can be burdensome for many prospective plaintiffs. For example, before filing a medical malpractice lawsuit, a plaintiff must determine that there are “reasonable grounds” for their claim by conducting a pre-suit investigation.

There are several other differences between medical malpractice cases and traditional negligence cases. For example, due to Florida’s medical malpractice damages cap, the number of damages available to medical malpractice plaintiffs are capped at a lower amount than damages in traditional negligence claims. Finally, the stature of limitations in a Florida medical malpractice lawsuit is just two years, whereas the statute of limitations for traditional personal injury cases is four years.

That being said, most Florida injury victims would prefer that their case be classified as one of traditional negligence. However, when a case arises in a quasi-medical setting, defendants routinely try to categorize a plaintiff’s claim as a medical malpractice claim. Depending on the nature of the claim, the stage of litigation, and the amount of time that has passed, this could completely defeat a plaintiff’s chance at recovering for their injuries. A recent case illustrates the types of arguments defendants make in hopes of successfully categorizing the plaintiff’s claim as one of medical malpractice.

Florida Lawmakers Provide Important Protections to Firefighters and Law Enforcement Officers

Published on: May 9, 2019 | by Friedman Rodman Frank & Estrada, P.A.

Under general Florida premises liability law, a landowner has an obligation to ensure that their property is safe for those whom they allow onto their land. In Florida, as is the case in many states, the duty owed to a guest depends mainly on the reason for the guest’s visit. (Note: while trespassers may also be owed a duty under certain situations, that duty is limited and not discussed in this post.)

In general, there are two categories of welcome guests under Florida premises liability law. First, a licensee is someone who enters the landowner’s property for mutual benefit. Typically, these are family members, friends, and social guests. Licensees must be warned about any hazards that are known to the property owner but not obviously visible. The second category of visitor is an invitee. An invitee is someone who enters another’s property for the benefit of the landowner. Historically, invitees were limited to customers or those who entered another’s land for business purposes.

Of course, there are exceptions to these general principles. One of these exceptions is called the “firefighter’s rule.” Over the years, courts developed a rule that firefighter’s and other emergency responders could not hold a property owner liable for injuries they sustained while on the landowner’s property. The firefighter’s rule was based on the principle of “assumption of the risk,” meaning that a firefighter should be aware that her profession is a dangerous one and, by agreeing to serve in that capacity, she accepts and adopts those risks. Of course, this severely limits a firefighter’s ability to recover for her injuries when they are injured on the job, even when their injuries are the result of a landowner’s negligence.

The Importance of Ensuring all Vehicles Are Covered under a Florida Auto Insurance Policy

Published on: May 7, 2019 | by Friedman Rodman Frank & Estrada, P.A.

While insurance is supposed to provide a motorist with peace of mind after a Florida car accident, in reality, the opposite is often true. Because insurance companies are for-profit corporations, they rely on taking in more money each month in premiums than they pay out in claims. Thus, insurance companies approach each claim with the same goal: expending as little money as possible to resolve the claim.

In some cases, insurance adjusters will offer low-ball settlement agreements knowing the claim is worth much more in hopes of catching an accident victim in a moment of desperation. In other situations, insurance companies will outright deny a claim based on their interpretation of the policy language. For this reason, it is critical that Florida motorists take care to ensure that they understand their insurance coverage and that it meets their needs. A recent opinion issued by a state appellate court illustrates just one type of issue that may arise after a Florida car accident.

According to the court’s written opinion, the plaintiff was killed in a traffic accident when he was struck while riding a moped. The moped was powered by a small 49cc motor, similar to that which would power a scooter. The motorist’s family initially filed a claim with the other driver’s insurance company. However, because that policy only provided $100,000 in benefits, the family then filed a claim with their insurance company under the underinsured motorist (UIM) provision of the policy.

Can a Florida Property Owner Be Liable if Someone Drowns in Their Swimming Pool?

Published on: April 29, 2019 | by Friedman Rodman Frank & Estrada, P.A.

Given the beautiful weather in the Sunshine State, it is no surprise that swimming pools are common across Florida. In fact, it is estimated that there are over 1.1 million swimming pools in Florida. While the majority of property owners include the necessary safety features when putting in a swimming pool. Swimming pools still present a significant hazard, especially to children.

Because swimming pools are so popular, there are a correspondingly high number of Florida personal injury and wrongful death claims based on Florida swimming pool accidents. Realizing that drowning is the leading cause of death among Florida children, lawmakers passed the Residential Swimming Pool Safety Act (RSPSA).

The RSPSA acknowledges that the most effective way to avoid a drowning death is supervision by a responsible adult. Of course, many Florida swimming pool accidents occur without an adult being present. This often occurs when a child is able to make their way to the pool unbeknownst to adults. Thus, the RSPSA requires that all Florida swimming pools contain at least one of the following safety features: