South Florida Personal Injury Lawyers Blog

Court Finds Landlord Is Not Liable in Recent Dog Bite Case

Published on: November 20, 2018 | by Friedman Rodman Frank & Estrada, P.A.

Under Florida law, a dog owner can be held strictly liable for any injuries caused by their animal. This means that in a Florida dog bite case, the plaintiff will not need to establish that the animal’s owner was negligent in any way or that the owner knew of the dog’s propensity to attack in order to recover for their injuries.

A recent case discusses a slightly different situation in which a plaintiff who was bitten by a dog filed a personal injury lawsuit against the landlord who rented a home to the owner of the dogs. In this case, the court determined that to hold the landlord liable, the plaintiff needed to establish that the landlord knew that the dogs were dangerous.

The Facts of the Case

According to the court’s opinion, the landlord owned a home that she had rented to a family for several years. During this time, the landlord had the opportunity to get to know the tenants’ three pit bulls. The landlord explained that she did not know the dogs to be aggressive and had never seen them attack any person or animal.

Court Determines Plaintiff Was Not Responsible for the Destruction of Relevant Evidence

Published on: November 15, 2018 | by Friedman Rodman Frank & Estrada, P.A.

Last month, a state appellate court issued an opinion in a personal injury case rejecting the defendant’s claim that the plaintiff’s case should be dismissed based on the plaintiff’s failure to preserve relevant evidence. The case is important for Florida personal injury plaintiffs because it illustrates both the importance of preserving evidence that is in the plaintiff’s control, as well as taking expedient action to ensure potential defendants also preserve necessary evidence.

The Facts of the Case

The plaintiff’s wife was killed in a car accident. According to the court’s opinion, the plaintiff’s wife was driving on a highway when her car hydroplaned after encountering a puddle of water. Evidently, the storm drain that should have drained the water from the road was clogged with debris. The plaintiff filed a wrongful death lawsuit against the city responsible for maintaining the road.

After the accident, the plaintiff’s car was taken to a scrap yard. The owner of the scrap yard sent a letter to the plaintiff’s mother’s home, demanding payment of a daily storage fee. The plaintiff later retained counsel, who contacted the scrap yard and asked the vehicle be preserved. The plaintiff’s counsel also requested that all future communication be directed to him, rather than to the plaintiff.

Court Permits Premises Liability Case to Proceed After Applying the Res Ipsa Loquitor Doctrine

Published on: November 13, 2018 | by Friedman Rodman Frank & Estrada, P.A.

A state appellate court recently released an opinion in a case discussing the doctrine of res ipsa loquitor as it relates to personal injury matters. Res ipsa loquitor is a Latin phrase that roughly translates to “the thing speaks for itself.” The doctrine may apply in some Florida personal injury cases where the exact cause of a plaintiff’s injury is unknown, but the nature of the accident is such that it would not likely have occurred absent the defendant’s negligence.

The Res Ipsa Loquitor Doctrine

Res ipsa loquitor is an old common-law doctrine that allows for the judge or jury to infer a defendant’s negligence from the surrounding circumstances. For the doctrine to apply, Florida courts require the plaintiff to establish three elements. First, the plaintiff must show that the instrumentality that caused the plaintiff’s injuries was in the sole control of the defendant. Second, that the accident resulting in the plaintiff’s injuries would likely not have happened absent the defendant’s negligence. And finally, that no direct proof of negligence is available.

The Case’s Facts

This case involved a woman who was injured as she was exiting an elevator in the defendant condominium complex. According to the court’s opinion, the woman was exiting the elevator when the doors to the elevator suddenly closed on her. The plaintiff filed a personal injury case against the condo complex, asserting claims under the doctrine of res ipsa loquitor.

Court Finds Grocery Store Does Not Have a Duty to Provide “Staged” Shopping Carts to Customers

Published on: November 8, 2018 | by Friedman Rodman Frank & Estrada, P.A.

Recently, a state appellate court issued an interesting opinion in a personal injury case discussing whether the defendant grocery store had a duty to provide staged shopping carts for the use of customers. Ultimately, the court concluded that the store did not have such a duty and did not voluntarily assume a duty by implementing standard operating procedures directing employees to stage carts when they had spare time.

The case presents an important issue that frequently arises in Florida slip-and-fall cases. Specifically, it involves the existence and extent of a duty that a business owes to its customers.

The Facts of the Case

According to the court’s opinion, the defendant grocery store maintains a corral of shopping carts near the store’s entrance. The store employs a greeter whose job it is to stand by the entrance and greet customers. While the greeter’s primary responsibility is to greet customers, the store’s standard operating procedures call for idle greeters to stage shopping carts by dislodging them from one another and loosely nesting them, making it easier for customers to obtain carts.

Court Holds That Police Department May Be Liable for Officer’s Failure to Use Due Care While Responding to an Emergency

Published on: November 6, 2018 | by Friedman Rodman Frank & Estrada, P.A.

In a recent personal injury case, a state appellate court issued a written opinion discussing whether a police department could be held liable under the state’s tort claims act for injuries caused while the officer was responding to an emergency call. The case presents an important issue for Florida car accident victims who have been injured due to the negligence of a police officer or other government employee.

The Facts of the Case

According to the court’s opinion, the plaintiff was injured in a car accident when a police officer made a left-hand turn against a red light while responding to an emergency call. There was some evidence suggesting that the police car’s emergency lights were activated at the time the vehicle entered the intersection but that siren was not engaged. A subsequent investigation revealed that the plaintiff was not speeding at the time of the accident, and given the nature of the intersection the plaintiff would not have been able to see the officer’s vehicle approaching.

The plaintiff filed a personal injury lawsuit against the city that employed the officer, claiming that the officer was negligent and that the city was vicariously responsible for the officer’s negligent actions. The city responded that the officer was exercising discretion in responding to the emergency call, and that the discretionary acts of a government employee are entitled to immunity.

Court Considers Case Arising Out of Vacation Rental Slip-and-Fall

Published on: November 1, 2018 | by Friedman Rodman Frank & Estrada, P.A.

Last month, a state appellate court issued an opinion in a personal injury case that raised an interesting issue that arises in many Florida slip-and-fall cases. The case presented the court with the opportunity to discuss the extent of the duty that was owed to the plaintiff by the defendant, who operated a vacation rental house that was rented out on a weekly basis. This is an important determination because Florida premises liability cases often turn on the extent of the duty the defendant owes to the plaintiff.

The Facts of the Case

The plaintiff was injured in a slip-and-fall accident in a vacation rental home that was owned by the defendants. According to the court’s recitation of the facts, the defendants rented the fully furnished house out for approximately six months, using the house themselves for the remaining portion of the year.

During the six months when the house was being rented out, the defendants used a property management company to handle the day-to-day affairs. The property management company advertised the home for rent, provided cleaning and linen services in between occupancies, and dealt with the check-in and check-out process.

Court Permits Car Accident Plaintiff to Proceed with Both Respondeat Superior and Negligent Entrustment Theory

Published on: October 25, 2018 | by Friedman Rodman Frank & Estrada, P.A.

Recently, a state appellate court issued a written opinion in a personal injury case discussing whether a plaintiff could pursue a respondeat superior claim as well as a negligent entrustment claim against an employer based on an employee’s negligent conduct. The case is important to Florida car accident victims because it elucidates the differences between two common claims that are often believed to be identical but are, in fact, different.

The Facts of the Case

According to the court’s recitation of the facts, the plaintiff was riding a motorcycle when he was struck by a truck that made an improper left turn in front of the plaintiff. The plaintiff died as a result of the collision. The truck driver was later found to have been under the influence of a prescription narcotic that was banned by the Federal Motor Carrier Safety Regulations.

The plaintiff filed a multi-claim wrongful death case against the truck driver’s employer. The plaintiff claimed that the employer was liable for the truck driver’s negligence under the theory of vicarious liability. In addition, the plaintiff contended that the employer was liable under the doctrine of negligent entrustment.

Pursuing a Florida Dog Bite Case

Published on: October 21, 2018 | by Friedman Rodman Frank & Estrada, P.A.

In Florida, when a dog attacks someone who is on public property or if they are bitten while on private property (with the owner’s permission), they can pursue a claim for compensation from the animal’s owner for any injuries they sustained. The state’s dog bite statute governs these Florida dog bite cases.

Under Florida Statutes section 767.04, an owner is strictly liable for any injuries caused by their animal. This means that the dog bite victim will not need to establish that the owner was negligent in any way to recover. The mere fact that a dog bit someone is sufficient to establish liability. Thus, Florida law is somewhat unique in that an owner is liable “regardless of the former viciousness of the dog or the owners’ knowledge of such viciousness.”

This is an important distinction between Florida’s dog bite statute and similar statutes in other states. For example, many states employ the “one bite rule,” which essentially provides the owner of a dog with immunity from liability the first time their dog attacks or bites someone else. The rationale behind this rule is that the owner of an animal cannot be held liable for injuries caused by a dog that they had no way of knowing would attack a human and has never done so in the past.

Court Discusses Personal Injury Plaintiff’s Evidentiary Burden at the Summary Judgement Stage

Published on: October 18, 2018 | by Friedman Rodman Frank & Estrada, P.A.

When a plaintiff files a Florida personal injury case, in many instances the defendant will file a motion for summary judgment claiming that the plaintiff’s case is insufficient as a matter of law. Essentially, in a summary judgment motion, the defendant argues that there are no disputed factual issues in the case and that when the court applies the law, the defendant is entitled to judgment as a matter of law.

Thus, to survive a defense motion for summary judgment, a Florida personal injury plaintiff must be able to establish a disputed issue of fact. In a recent personal injury case, the court discussed the plaintiff’s burden to present evidence creating an issue of fact, as opposed to merely calling into question the credibility of a witness’ testimony.

The Facts of the Case

According to the court’s opinion, the plaintiff was injured in a car accident. The motorist who struck the plaintiff’s car (“the supervisor”) was on the phone at the time of the accident, speaking to a woman whom she supervises at work (“the employee”). The plaintiff filed a personal injury lawsuit against the supervisor’s employer, arguing that the employer was vicariously liable for the negligent acts of the supervisor.

Court Applies Florida’s Dangerous Instrumentality Doctrine to Construction Loaders

Published on: October 15, 2018 | by Friedman Rodman Frank & Estrada, P.A.

In a recent appellate decision, the Florida Supreme Court held that construction loaders are considered dangerous instrumentalities as a matter of law. As a result of the court’s opinion, Florida personal injury victims who have been injured by these dangerous machines can pursue a claim for compensation against the owners of construction loaders regardless of whether the owner was negligent.

The Facts of the Case

According to the court’s recitation of the facts, the plaintiff was seriously injured when he was working as an independent contractor for a hauling company. The hauling company had hired the plaintiff to help several employees clear a vacant lot that was full of vegetation and debris.

Evidently, the hauling company leased a large construction loader to help its employees and the plaintiff clear the lot. Apparently, while the lot was being cleared, an employee of the hauling company dropped a stump onto the plaintiff’s hand, requiring the plaintiff’s finger be amputated.