South Florida Personal Injury Lawyers Blog

Florida Court Rejects Plaintiff’s Slip-and-Fall Case Due to Lack of Evidence Showing Business’ Knowledge of Hazard

Published on: December 22, 2017 | by Friedman Rodman Frank & Estrada, P.A.

Earlier this month, an appellate court issued a written opinion in a Florida premises liability lawsuit involving a plaintiff who slipped and fell as she was entering the defendant store. Ultimately, the court concluded that the plaintiff’s case should be dismissed because there was no evidence showing that the business owner had actual or constructive knowledge of the hazard causing the plaintiff’s fall.

The Facts of the Case

The plaintiff was accompanying a neighbor to a nearby big-box retail store. As the two arrived, they went to get a shopping cart under the awning immediately outside the store’s entrance. As the plaintiff started to walk toward the store’s entrance, she felt her right leg give out from under her, and she fell on her left knee. The plaintiff was then taken to the hospital and subsequently filed a premises liability lawsuit against the store.

The plaintiff later testified that she did not see the liquid before she fell, that there were no store employees around the liquid at the time of the fall, and that she was not sure what the liquid was or how long it had been there. The store filed a motion for summary judgment, arguing that there was insufficient evidence to find that it had knowledge of the liquid.

South Florida Slip-and-Fall Accidents

Published on: December 19, 2017 | by Friedman Rodman Frank & Estrada, P.A.

As a general rule, Florida landowners have a duty to those whom they invite onto their property to ensure that the property is reasonably safe for their visitors. While the specific level of the duty owed depends on the relationship between the parties as well as the purpose of the visit, in general, landowners must remedy known dangers and warn visitors of those dangers that cannot be fixed.When a visitor is injured on another party’s property, they may be entitled to compensation for their injuries through a South Florida premises liability lawsuit. In order to be successful, a plaintiff must establish that the landowner owed them a duty of care that was breached somehow by the landowner’s conduct, or by the landowner’s failure to take remedial actions. Additionally, a plaintiff must establish a causal link between the landowner’s alleged negligence and the plaintiff’s injuries. A recent case illustrates the type of analysis that courts conduct when viewing premises liability lawsuits.

The Facts of the Case

The plaintiff dropped a trailer off at the defendant tire shop with her brother. The two entered the building, arranged for the repairs, and left without incident. However, upon returning later that afternoon, the plaintiff fell outside the shop as she stepped off the pavement and onto a slightly sloped strip of gravel that ran alongside the edge of the shop. The gravel was placed alongside the building to allow water to drain away from the shop. As a result of the fall, the plaintiff broke a bone in her leg.

Court Holds Jury Should Decide Issue Whether Insurance Company Is on the Hook for Plaintiff’s Future Medical Expenses

Published on: December 15, 2017 | by Friedman Rodman Frank & Estrada, P.A.

Earlier this month, a state appellate court issued a written opinion in a personal injury case discussing when summary judgment is appropriate in a car accident case involving the payment of future medical expenses. The case illustrates an important concept that is applicable in all Florida car accident cases when the at-fault driver’s insurance company disputes some aspect of the claim.In this case, the court determined that the expert witness testimony presented by the insurance company gave rise to a material issue as to whether the plaintiff’s continued medical care was a result of the accident. As a result, the court reversed a lower court’s decision granting summary judgment in the plaintiff’s favor.

The Facts of the Case

The plaintiff was involved in a car accident with a driver who was insured by the defendant insurance company. The insurance company acknowledged that the other driver was at fault and agreed to pay the plaintiff’s medical expenses in advance. In total, the insurance company covered approximately $53,000 of the plaintiff’s medical expenses.

Florida Statute of Limitations for Medical Malpractice Cases

Published on: December 12, 2017 | by Friedman Rodman Frank & Estrada, P.A.

When a someone is injured due to the negligence of a medical professional, they may be entitled to recover compensation for their injuries through a Florida medical malpractice lawsuit. All Florida personal injury lawsuits, especially medical malpractice lawsuits, are subject to strict procedural requirements that must be followed. One of the most commonly encountered hurdles that Florida medical malpractice plaintiffs face is the timeliness requirement embodied in the statute of limitations.In Florida, medical malpractice cases must be brought within two years of the date of the injury. In some cases, that timeframe can be extended if the plaintiff is young at the time of the injury or does not discover the injury until a later date. However, even under these circumstances, time is still of the essence because Florida’s statute of repose prevents a lawsuit from being filed more than four years after the injury unless there has been fraud or concealment.

A recent case illustrates how courts determine when a victim’s claim accrues – or when the clock starts ticking.

Plaintiff’s Claim Against Pharmacy Dismissed Due to Late-Filed Notice of Expert Testimony

Published on: December 8, 2017 | by Friedman Rodman Frank & Estrada, P.A.

Earlier this month, a state appellate court issued a written opinion in a personal injury case that illustrates the importance of following all procedural and court rules in South Florida medical malpractice cases. In this case, the plaintiff brought a lawsuit against a physician and pharmacy, claiming that they overprescribed medication. The case presented the court with the opportunity to discuss whether the plaintiff’s late-filed notice of expert testimony should be admitted, and if not, whether the plaintiff’s claim must fail as a result.Ultimately, the court resolved both issues against the plaintiff, dismissing her case against both the pharmacy and the physician.

The Facts of the Case

The plaintiff filed a personal injury lawsuit against the defendants, a physician and a pharmacy. The deadline for pre-trial discovery passed, and the plaintiff had not identified any expert witness who would be testifying on her behalf. The defendants filed a motion for summary judgment, and on the day that hearing was scheduled to be held, the plaintiff announced that she would be having an expert testify.

Student’s Premises Liability Case Against School Dismissed Based on Lack of Causation

Published on: December 5, 2017 | by Friedman Rodman Frank & Estrada, P.A.

Earlier this month, a state appellate court issued a written opinion in a personal injury case involving several interesting issues that are relevant for Florida accident victims. The case required the court to determine whether a school could be held liable for the injuries sustained by a student while playing floor hockey in gym class. Ultimately, the court concluded that the school was not necessarily immune from liability in all circumstances involving gym class injuries, but given the facts of this case, the school was not negligent.

The Facts

The plaintiff was a middle-school student at the defendant school. As a part of the physical education curriculum, all students were required to participate in team sports during gym class. One of the sports the students played was floor hockey.

Pursuant to school regulations, safety equipment was not necessary when playing floor hockey. However, the gym teacher instructed the students to avoid “high-sticking” and went over safety rules prior to beginning the game. However, during the game, the plaintiff was accidentally struck in the eye by another student’s stick. As a result, the plaintiff required eye surgery and several follow-up appointments.

Court Rejects Plaintiff’s Premises Liability Case Based on the Fact that Injury Occurred Off Defendant’s Property

Published on: December 1, 2017 | by Friedman Rodman Frank & Estrada, P.A.

As a general rule, Florida landowners have an obligation to ensure that their property is safe for those whom they invite onto their property. The extent of this obligation depends on the relationship between the parties and takes into account the reason why the plaintiff was on the defendant’s property. For the most part, landowners must take action to clear known hazards or warn of the hazards that may not have been visible by the visitor’s naked eye. If a landowner fails to take the adequate precautions, they may be liable for a visitor’s injuries through a Florida premises liability lawsuit.In some cases, a landowner can be held liable for injuries that occur off their property, although this is a much rarer scenario. That is because the general rule is that landowners are not responsible to ensure a visitor’s safety before the visitor enters the property or after they leave the property. However, if the plaintiff can show that the defendant’s conduct increased the dangers involved, or if it obscured the off-site hazards, a defendant may be found liable for injuries occurring off their property.

A recent case provides an in-depth discussion of landowner liability as it pertains to off-site injuries.

Court Reverses Jury’s Verdict Based on Lack of Evidence Showing the Defendant Knew about Hazard that Caused Plaintiff’s Fall

Published on: November 27, 2017 | by Friedman Rodman Frank & Estrada, P.A.

Earlier this month, an appellate court issued a written opinion in a Florida premises liability lawsuit requiring the court to determine if the lower court was proper to deny the defendant’s motion for summary judgment. Ultimately, the court concluded that the defendant was entitled to summary judgment because the plaintiff failed to provide any evidence showing the defendant knew about the hazard that caused her fall.

The Facts of the Case

The plaintiff was a patron at a BBQ stand that was located on property owned by a sports club. After dining, the plaintiff slipped and fell on a public sidewalk near the stand. She sustained serious injuries in the fall and filed a premises liability case against both the sports club as well as the county that maintained the sidewalk.

The plaintiff claimed that the sports club was negligent in failing to clean a grease trap, resulting in grease spilling onto the sidewalk. The plaintiff claimed that the county was negligent in failing to clean up the grease on the public sidewalk. The case went to trial, and a jury determined that the sports club and the county were each 50% liable for the plaintiff’s injuries and that the plaintiff was 0% at fault.

Florida Court Explains Not All Injury Cases Arising in the Medical Context Should Be Considered “Medical Malpractice” Cases

Published on: November 24, 2017 | by Friedman Rodman Frank & Estrada, P.A.

Medical malpractice cases generally present complex scientific or medical concepts that are beyond the understanding of must jurors. For this reason, nearly all Florida medical malpractice cases require the testimony of experts to explain some of the issues in the case to the jurors. Experts can also offer their opinions about whether the care provided by a defendant doctor fell below the generally accepted standard of care.Due to the complex nature of Florida medical malpractice cases, Florida law places certain requirements on plaintiffs filing this type of case. One of the most important differences between medical malpractice cases and other personal injury cases is that medical malpractice cases are subject to a shorter statute of limitations. In Florida, a medical malpractice plaintiff must file their claim within two years of the incident (or, if the injury is not discovered until a later date, within two years of the plaintiff’s discovery of the injury).

A recent case presented a Florida appellate court with the chance to decide whether a plaintiff’s slip-and-fall accident should be considered a medical malpractice case.

Florida Supreme Court Issues Landmark Medical Malpractice Opinion

Published on: November 20, 2017 | by Friedman Rodman Frank & Estrada, P.A.

Earlier this month, the state’s Supreme Court issued a Florida medical malpractice opinion that will likely have a great impact moving forward. The case required the court to consider a patient’s right to privacy following an alleged medical malpractice event. Specifically, it addressed whether the patient loses their right to privacy in certain medical records once the patient dies. The court ultimately held that a patient’s right to privacy survives after death and may be asserted by a family member bringing a Florida wrongful death lawsuit.

The Facts of the Case

The plaintiff was the surviving spouse of a man who died while in the care of the defendant physician. The plaintiff filed a medical malpractice lawsuit against the defendant doctor, and in response, the doctor requested certain medical records pursuant to the rules of discovery.

The particular rules of discovery invoked by the defendant required the plaintiff to disclose all of the health care providers that her husband saw in the years leading up to his death. Furthermore, the rules actually allowed for the defendant to have secret meetings with the medical care providers in the absence of the plaintiff or her attorney.