Florida product liability law is primarily based on strict liability. Strict product liability refers to a claim in which the plaintiff alleges that the product at issue was defective or unreasonably dangerous. The focus of these claims is on the product itself, and these claims do not require a plaintiff…
Under Florida law, all motorists carrying any load must make sure that the load is secure. This law makes driving on Florida roads safer by ensuring that a motorist’s cargo does not shift during transport, fall onto the road, and cause a serious Florida car accident. However, not all drivers…
In a Florida personal injury case, the jury consists of six average citizens. Because of this, in some cases, the issues raised in the case may be beyond the common understanding of the jurors. In these cases, courts allow parties to call on expert witnesses to testify as to their…
In most Florida personal injury cases, the plaintiff must establish that the defendant violated a duty of care that was owed to the plaintiff, and that the defendant’s breach of this duty resulted in the plaintiff’s injuries. However, in some situations, Florida accident victims can utilize the doctrine of negligence…
One of the most important legal doctrines that all accident victims should understand is the concept of comparative fault. While some Florida personal injury accidents are solely the fault of one party, many accidents involve a situation where the parties share responsibility for that accident. The doctrine of comparative fault…
While juries can determine the appropriate amount of compensation to award a plaintiff, a jury’s award must be consistent. On May 29, 2019, a state appellate court issued an opinion in a Florida car accident case holding that the jury’s zero-dollar award for the plaintiff’s claim of past non-economic damages…
When a Florida car accident is caused by someone who was working at the time of the accident, anyone injured as a result of the employee’s negligence may be able to pursue a claim against both the employee and the employer through the doctrine of vicarious liability. The doctrine of…
One of the most important aspects of a Florida personal injury case is the credibility of the witnesses that a party plans to call at trial. Indeed, in many Florida car accident claims, the case comes down to a “he said, she said” situation where one witness’ testimony is directly…
In March 2019, a state appellate court issued a written opinion in a personal injury case involving a golf cart accident that occurred on the defendant’s property. The case required the court to determine whether the plaintiff’s claim against the defendant was more appropriately characterized as a premises liability case…
While insurance is supposed to provide a motorist with peace of mind after a Florida car accident, in reality, the opposite is often true. Because insurance companies are for-profit corporations, they rely on taking in more money each month in premiums than they pay out in claims. Thus, insurance companies…