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Articles Tagged with Miami personal injury lawyer

August 25, 2014

The Truth About Dog Bites

There are some legal fictions that seem to exist no matter how true or untrue they are. One such fiction is the so-called “one free bite rule.” This is the belief that a dog can bite someone the first time without the owner being liable, but the second time there’s liability. This is actually not true in Florida, though.

Dog Bite Laws

The law is clear that if a dog bites you, the owner is responsible for your injuries, regardless of whether Fido has ever bitten someone in the past, and regardless of the dog’s propensities for being a sweetheart or a killer in the past. There are some exceptions to this law:

August 7, 2014

Suing the State Can Be an Uphill Battle

by Gerson & Schwartz, P.A.

If you are injured by an agency of the state or city government, or any public entity, you are entitled to recover damages for your injuries. Governments, just like private companies, can be sued for negligence. However, government entities are often protected by what is known as “sovereign immunity,” a concept that can make suing and recovering, much more difficult for injured Florida victims.

What is Sovereign Immunity?

Sovereign Immunity has its roots from the days when we were an English colony. It means that you can’t sue the King—in modern days of course, “the King” being the government (sometimes called “the sovereign”). In many countries, citizens can’t sue their governments at all. But in Florida as well as many other states, the state has consented by statute to allow itself to be sued for certain things, and only up to a certain amount.