South Florida Personal Injury Lawyers Blog

What Florida Slip and Fall Victims Need to Know About Premises Liability

Published on: April 30, 2025 | by Friedman Rodman Frank & Estrada, P.A.

If you slip and fall on someone else’s property, you may think the property owner is automatically responsible for your injuries. But Florida law requires more than just proving that you got hurt. You also have to show that the owner knew—or should have known—about the dangerous condition that caused your fall. A recent decision by Florida’s Third District Court of Appeal shows just how important it is to include this kind of detail in your legal claim.

Why This Slip and Fall Case Was Dismissed

In the case that was recently decided, someone who fell tried to sue the property owner. However, the lawsuit didn’t explain how the owner knew about the dangerous condition or even whether the condition had been there long enough that they should have known about it. Because the complaint was missing these details, the court threw the case out before it could move forward.

This case is a reminder that if you’ve been injured in a fall, it’s not enough to say the floor was wet or the area was unsafe. You need to explain what made it dangerous and why the property owner should be held responsible. That could mean showing that the hazard had been there for a while, that it had happened before, or that the property owner failed to check or clean the area.

What to Do After a Pedestrian Injury in a Florida Car Crash

Published on: April 20, 2025 | by Friedman Rodman Frank & Estrada, P.A.

If you were hit by a car while walking in Florida, you may be entitled to compensation for your injuries. Whether you were using a crosswalk or simply standing near the road, drivers have a legal duty to operate their vehicles safely around pedestrians. Florida law recognizes your right to recover damages if a driver fails to meet that duty and causes harm.

A recent crash in Miami highlights the seriousness of pedestrian accidents. Two women were hospitalized after a collision involving a police vehicle and another car near Northwest 47th Avenue and 7th Street. One of the women was listed in critical condition. Video from the scene showed a chaotic response, with police tape stretched around the intersection and heavy damage to both vehicles. Although full details are still under investigation, the victims face a long road to recovery, and their right to pursue legal action may depend on how quickly they act.

Drivers Must Yield to Pedestrians in Florida

Under Florida Statutes Section 316.130, drivers must yield the right of way to pedestrians in marked crosswalks and exercise proper care to avoid hitting anyone who is walking on or near a roadway. Failing to do so may lead to civil liability if someone is injured as a result.

What You Can Do After Losing a Loved One to a DUI Crash in Florida

Published on: April 10, 2025 | by Friedman Rodman Frank & Estrada, P.A.

Losing someone in a violent crash caused by a drunk driver is a pain no family should ever have to endure. In Florida, when an impaired driver causes a fatal accident, surviving relatives may have the right to pursue a wrongful death claim. These civil cases can help secure compensation for the financial and emotional losses suffered and hold the responsible party accountable, even if they face no criminal charges.

Surveillance footage from an August 2024 crash in downtown Miami has recently come to light, showing the devastating moment when a white vehicle sped through an intersection and collided with two others. Two men lost their lives, and the alleged driver now faces charges for DUI manslaughter, reckless driving, and other serious offenses. Florida law treats impaired driving resulting in death as both a crime and a civil wrong, giving victims’ families legal options to seek justice through the courts.

Florida’s Wrongful Death Law Allows Families to Seek Accountability

When a reckless or impaired driver causes a fatal accident, Florida’s Wrongful Death Act allows certain family members to file a lawsuit for damages. Under Florida law, the claim must be filed by the decedent’s personal representative, who seeks compensation on behalf of the surviving spouse, children, parents, and others who depended on the victim for support.

Compensation can cover:

Medical expenses related to the fatal injury;
Funeral and burial costs;
Loss of companionship and protection;
Lost income and support the deceased would have provided; and
Emotional pain and suffering of surviving family members.

These claims can help families recover financial stability during a time of grief and uncertainty.

Legal Options for Families After a Fatal Motorcycle Crash in Florida

Published on: April 4, 2025 | by Friedman Rodman Frank & Estrada, P.A.

When a motorcyclist loses their life due to another driver’s actions, Florida law allows surviving family members to pursue compensation through a wrongful death claim. These civil cases can provide financial relief and hold the responsible party accountable for their negligence.

In early April 2025, a 26-year-old man from Ocala tragically died in a motorcycle crash in Merritt Island. According to reports, the motorcyclist was traveling northbound on South Tropical Trail when a white smart car attempted a left turn from Cone Road, entering his path. To avoid a collision, the motorcyclist swerved but lost control and struck a concrete wall. He was pronounced dead at the scene.

Understanding Wrongful Death Claims in Florida

Florida’s Wrongful Death Act allows surviving family members to pursue compensation when someone dies because of another person’s negligence. Eligible survivors may include a spouse, children, parents, or other relatives who relied on the deceased for emotional or financial support.

Compensation in these cases may cover medical expenses incurred before death, funeral and burial costs, the loss of income and economic contributions the deceased would have made, emotional suffering, and the loss of companionship, guidance, or protection. To succeed in a wrongful death claim, the family must show that the other party’s negligent actions directly caused the fatal incident. In the Merritt Island crash, if investigators determine that the smart car driver created a hazardous condition by turning in front of the motorcycle, that could support a legal claim. These cases often require a detailed investigation, and prompt legal guidance can help the family understand their rights and options from the beginning.

Florida Product Liability and Punitive Damages in Tesla Autopilot Case

Published on: March 31, 2025 | by Friedman Rodman Frank & Estrada, P.A.

Product manufacturers have a legal duty to design and market safe vehicles. When a company promotes a product as advanced or self-sufficient, it raises questions about responsibility when a failure leads to a fatal crash. In Florida, punitive damages are reserved for cases where a manufacturer’s conduct is so reckless that it rises to the level of intentional misconduct or gross negligence. A recent appellate decision reversed a trial court ruling that initially allowed a punitive damages claim against Tesla following a fatal Autopilot-related crash. The ruling highlights the high legal threshold required for punitive damages in product liability cases.

Tesla Autopilot and the Fatal Florida Crash

A driver operating a 2018 Tesla Model 3 engaged the Enhanced Autopilot system while traveling 69 miles per hour on US 441. Moments later, the vehicle collided with a semi-trailer truck that had turned into its path. The impact sheared off the top of the Tesla, resulting in an instant fatality. Crash investigators determined that the vehicle’s Autopilot system remained engaged leading up to the collision, with no braking, acceleration, or steering input detected for at least eight seconds before impact.

Florida Workers’ Compensation and Attendant Care Disputes

Published on: March 23, 2025 | by Friedman Rodman Frank & Estrada, P.A.

Workers’ compensation laws in Florida provide injured employees with medical benefits, wage replacement, and necessary personal care when a work-related injury prevents them from performing daily tasks. However, disputes often arise when employers and insurance carriers challenge which services qualify for compensation. A recent Florida appellate ruling addressed whether a spouse’s care for an injured worker falls under attendant care benefits or constitutes routine household duties not covered under Florida law.

Court Overturns Attendant Care Award in Florida Workers’ Compensation Case

A Florida worker who suffered an injury filed for workers’ compensation benefits, including home modifications and attendant care services provided by a spouse. A judge awarded payment for 30 hours per week at the federal minimum wage, reasoning that certain tasks—such as carrying the injured worker upstairs and assisting with bathing—met the legal definition of attendant care under Florida law.

Florida Premises Liability and Unmarked Hazards in Parking Garages

Published on: March 15, 2025 | by Friedman Rodman Frank & Estrada, P.A.

In Florida, property owners have a legal duty to maintain safe premises for visitors. When hazards exist in areas where people walk, owners must take reasonable steps to prevent injuries. Parking garages, designed primarily for vehicles, often double as pedestrian walkways. If an unmarked obstacle causes someone to trip and fall, questions arise about whether the property owner failed to uphold its responsibilities. A recent Florida appellate court decision reversed a trial court ruling after an injury victim presented evidence that an unmarked hazard in a parking garage created an unreasonable danger.

Raised Concrete Slab in a Florida Parking Garage Leads to Injury

A resort guest fell in a Miami parking garage after tripping over a raised concrete slab used to anchor a vehicle gate-arm. The hazard was unmarked and the same color as the surrounding pavement, making it difficult to detect. The injured individual filed a lawsuit against the property owner, alleging that the unmarked obstruction posed an unreasonably dangerous condition and that the owner failed to ensure a safe walking surface.

Florida Bad Faith Insurance Claims and Civil Remedy Notice Requirements

Published on: March 7, 2025 | by Friedman Rodman Frank & Estrada, P.A.

Florida law allows policyholders to pursue bad faith claims against the insurer when an insurance company refuses to honor its policy obligations. However, before filing such a lawsuit, the policyholder must submit a Civil Remedy Notice (CRN) outlining the alleged violations and allowing the insurer to correct its conduct. A recent appellate decision overturned a lower court’s ruling that dismissed a bad faith lawsuit against Travelers Home and Marine Insurance Company, finding that the insurer had waived any objections to the adequacy of the CRN.

Florida Court Reverses Dismissal of Bad Faith Claim

A Florida driver sustained injuries in a 2011 rear-end collision caused by another motorist with a $10,000 insurance policy through GEICO. The driver had underinsured motorist (UM) coverage with Travelers and sought additional compensation under that policy. Travelers refused to provide benefits, prompting the insured to file a CRN in 2012, a necessary step in pursuing a bad faith claim under Florida Statutes § 624.155.

Under Florida law, a policyholder must submit a detailed CRN to both the insurance company and the Department of Insurance before filing a bad faith lawsuit. The insurer then has 60 days to correct the issue or pay the claim, thereby avoiding litigation. After Travelers did not resolve the dispute, the insured filed suit in 2013, leading to years of litigation over the insurer’s handling of the claim.

Miami-Dade Schools Police Officer and Deputy Injured in Miami Crash

Published on: February 28, 2025 | by Friedman Rodman Frank & Estrada, P.A.

A Miami-Dade Schools Police officer and a Miami-Dade Sheriff’s Office deputy were hospitalized after their vehicles collided outside Northwestern Senior High School. The crash occurred at the intersection of Northwest 67th Street and 10th Avenue around 4:50 p.m. Emergency responders transported both individuals to Jackson Memorial Hospital’s Ryder Trauma Center. Authorities expect both to recover, but investigating the circumstances remains ongoing.

What Happens When a Government Vehicle Causes a Crash?

Collisions involving government vehicles raise unique legal questions. When a law enforcement car, fire truck, or other public service vehicle crashes into a civilian car, pursuing compensation requires different steps than a standard auto accident claim. The government has legal protections that do not apply to private citizens, and these protections can limit liability or set strict requirements for filing claims.

Holding a government agency accountable differs from filing a claim against a private driver. Florida’s sovereign immunity laws restrict lawsuits against state and local agencies but allow claims under certain conditions. Victims of government-related crashes must follow specific procedures, including filing a formal notice of claim within a set deadline. Failure to meet these requirements may prevent recovery for medical expenses, lost wages, and other damages.

Florida Appeals Court Orders New Trial in Personal Injury Case Involving GEICO

Published on: February 18, 2025 | by Friedman Rodman Frank & Estrada, P.A.

A recent Florida appellate court decision highlights the importance of accurate legal terminology in personal injury litigation and the potential consequences of trial court rulings on jury perception. The case centers around an October 2019 car accident in which the victim was rear-ended by a motorist whose insurance coverage was insufficient to compensate for the injuries sustained fully. The following lawsuit ultimately led to a dispute over whether the trial court’s classification of the tortfeasor as “uninsured” rather than “underinsured” unfairly impacted the proceedings, prompting an appellate court to order a new trial.

The Facts Behind the Lawsuit

Following the rear-end collision, the victim suffered injuries that she alleged were permanent. At the time of the accident, she carried an automobile insurance policy with GEICO, which included uninsured/underinsured motorist coverage with policy limits of $250,000 per person and $500,000 per accident. The driver who struck her vehicle had bodily injury liability limits of $100,000, less than the total damages the plaintiff sought.

The victim and her husband initially filed suit against the at-fault driver, alleging negligence. As the litigation progressed, they amended their complaint to include GEICO, asserting that the tortfeasor was underinsured and the victim was entitled to recover damages through her uninsured/underinsured motorist policy.

Disputes Over Jury Instructions and Evidentiary Rulings

One of the central issues in the case revolved around how the at-fault driver was characterized in court. Before trial, the victim moved to prevent any mention of the tortfeasor’s insurance status, arguing that references to underinsured motorist coverage could lead the jury to speculate about settlements. The trial court granted this request, instructing that the tortfeasor should only be considered “uninsured.”