In a recent decision, the Third District Court of Appeal reversed a lower court’s order that denied the City of Miami’s motion to dismiss a lawsuit based on sovereign immunity. The court explained that the plaintiff did not comply with Florida’s sovereign immunity pre-suit notice requirement, leading the court to…
A recent decision by a Florida appellate court underscores the challenges of sovereign immunity cases. The former City Attorney for the City of Miami appealed a lower court’s denial of her motion to dismiss, claiming sovereign immunity. The appellate court upheld the lower court’s decision, allowing the case to proceed…
By the virtue of their employment, law enforcement officers and other public safety officials often find themselves in situations that present a danger to themselves or other members of the public. When people are hurt or killed as a result of negligent police activity, it may be challenging to determine…
Florida residents who intentionally or recklessly injure another by their conduct may be held criminally accountable by the government for their conduct with the filing of assault or criminal battery charges. In addition to this criminal liability, a person guilty of an assault that caused an injury can be held…
Florida Statutes Section 768.28 partially waives a governmental entity’s sovereign immunity protections. However, the waiver only applies in cases stemming from a governmental entity’s operational functions and not discretionary planning-level functions. Recently, an appeals court issued a decision addressing a negligence claim involving the government’s discretionary actions. A plaintiff filed…
Generally, Florida personal injury lawsuits follow a clear pattern; however, cases involving governmental entities present additional challenges and burdens. Pursuing lawsuits and collecting damages after an accident with a governmental entity or vehicle requires a comprehensive understanding of complex negligence laws. Unlike other states, but for three primary exceptions, Florida…
A Florida appellate court recently issued an opinion addressing whether a plaintiff could hold a university teaching hospital liable for medical malpractice. The main issue turned on whether sovereign immunity protects the university teaching hospital involved in the case. In 2004, the university and healthcare system agreed to an affiliation…
The Florida Supreme Court recently addressed the state’s statutory damages cap in cases against a governmental entity or actor. The state supreme court was tasked with answering whether the governmental immunity law caps damages at $200,00 for all injuries or deaths as claims “arising out of the same incident or…
Florida biking accidents are a common cause of serious injuries in the state. In fact, the cyclist death rate in Florida is over 50% higher than in surrounding states. Miami leads the list of the Florida cities with the highest fatality rates. Bikers, motorists, and pedestrians must take special precautions…
Sovereign immunity protects federal, state, and local governments from lawsuits, and can bar many Florida car accident cases from court. However, federal, state, and local governments can still be sued in many circumstances. This includes tort claims against the state of Florida or local governments for any act for which…