Slip and fall accidents can occur virtually anywhere and often have a lifelong impact on the victim. Florida premises liability lawsuits can be challenging, but accidents that occur on public property are inherently more complex. Some common examples of defective or dangerous conditions on public property are slippery surfaces, uneven…
Articles Posted in Government Liability
When Can a Florida Landowner Be Held Liable for Injuries Occurring on Their Property?
As a general rule, Florida landowners must take steps to make sure that their property is safe for the visitors whom they allow onto their land. For the most part, this includes publicly- and privately-owned land. However, under the Florida recreational use statute, there is an exception that allows for…
Florida Court Determines City May Be Liable for Accident Victim’s Injuries Based on Dangerous Intersection
In July, 2019, a state appellate court issued a written opinion in a Florida car accident case discussing whether the defendant, the City of Coral Gables, was immune from liability based on governmental immunity. Ultimately, the court concluded that the plaintiff’s evidence gave rise to a material fact that needed…
Florida Personal Injury Cases Against the Federal Government Are Not Subject to Minority Tolling
One of the most common concerns among Florida personal injury victims is when they must file their claim. Typically, all personal injury claims must be brought within a certain amount of time, which is outlined in the statute of limitations. However, the rules differ when cases name state or federal…
The Limits of Florida’s Recreational Use Statute
While Florida landowners generally owe a duty to keep their property safe and to warn visitors of any dangerous conditions on their land, Florida lawmakers have created an exception in the state’s recreational use statute. The Florida recreational use statute was passed “to encourage persons to make available to the…
Establishing Liability in Florida Swimming Pool Accidents
Florida is unique in that parts of the state enjoy over 170 days of sunshine each year. As a result, swimming pools are common across the state. However, swimming pools present serious dangers to children, and those who own or operate swimming pools must take precautions to guard against accident…
Court Determines Plaintiff Was Not Responsible for the Destruction of Relevant Evidence
Last month, a state appellate court issued an opinion in a personal injury case rejecting the defendant’s claim that the plaintiff’s case should be dismissed based on the plaintiff’s failure to preserve relevant evidence. The case is important for Florida personal injury plaintiffs because it illustrates both the importance of…
Court Holds That Police Department May Be Liable for Officer’s Failure to Use Due Care While Responding to an Emergency
In a recent personal injury case, a state appellate court issued a written opinion discussing whether a police department could be held liable under the state’s tort claims act for injuries caused while the officer was responding to an emergency call. The case presents an important issue for Florida car…
Court Discusses Police Officer’s Immunity in Recent Car Accident Case
Recently, an appellate court in another state released an opinion in a personal injury case discussing whether a police officer, plus the city entity that employed him, could be liable for injuries arising out of a car accident allegedly caused by the officer. In the end, the court determined that because…
Claims Against Government Employees and Agencies Must Comply with the Requirements of the FTCA
During the formation of our country, the founding fathers did not provide a mechanism for citizens to hold the federal, state, and local governments liable for injuries caused by government actors, unless the government being named as a defendant agreed to be named in the lawsuit. In fact, governments were…