Florida’s liability system is based upon what is known as comparative fault, or comparative liability. What this means is that if you are injured as a result of someone else’s negligence, a jury at trial can reduce your award by any amount that you were negligent—that is, the extent that…
When someone suffers a heart attack, we normally think of that as a natural occurrence, unpreventable by anything that anybody could have done. However, while it certainly is a natural occurrence, more and more, law is evolving to recognize that certain property owners have an obligation to have working, operational…
We discuss causation (sometimes called proximate cause) often in this blog, and for good reason. It’s usually the most difficult part of an injury lawsuit to prove, and defendants often challenge proximate cause vigorously at trial. Additionally, the concept of causation is often so vague that different courts may appear…
You may have heard in the news about how arbitration clauses are causing consumers difficulty when bringing claims against big companies. You may think arbitration is a threat to just consumer clients suing businesses for unfair trade practices. But more and more, it’s being used against those who suffer personal…
Often when people are injured, the negligence involved multiple parties. A construction site can have contractors and subcontractors, stores may rely upon outside vendors, and apartment complexes may contract out with private security companies to handle security. Thus, knowing which entity to sue, and holding the right party responsible for…
When people are injured because of the negligence of another, it may be natural to think that filing a lawsuit is the immediate next step in order to get reparation for injuries. But in fact, there are many steps that often occur before a lawsuit is filed, and which are…
We often hear about punitive damages in movies or on TV. It seems easy to get them, if you believe Hollywood’s interpretation of punitive damages. But in Florida, punitive damages are not easy to get, and there is even a special statute that dictates when and how punitive damages can…
It’s not often that a court has to determine what the law was, and what law applied, almost five years previously. But a recent slip and fall case has caused a court to evaluate whether a law changed back in 2010 should apply to an accident that happened in 2005.…
One of the most frightening scenarios for patients who undergo a surgical procedure in a hospital is the possibility of having a foreign object left inside of them. A recent case discusses how and when the law protects those who fall victim to this kind of negligence. Man Has Object…
In many cases, being on the top of a best or worst-of list, can be bad news. That’s the case for Florida, which was recently ranked in a study as being the worst state in which to get into a car accident. That’s right, including Washington D.C., Florida was 51…