The existence of a building code violation may be used as evidence of negligence in some Florida premises liability cases. Evidence of a violation may constitute negligence per se, where a defendant’s conduct may be automatically considered negligent. However, the Florida Supreme Court has stated that not all violations of…
Florida personal injury cases can be complex, particularly when it comes to proving damages in cases where bills were already paid through another source. In a recent case before a state supreme court, the court considered whether to admit evidence of the original medical bill amount versus the amount actually…
Florida premises liability laws require all landowners take certain precautions to ensure that their property is safe. The extent of a landowner’s duty significantly depends on the relationship between the landowner and their guest. Guests who are on a landowner’s property for business reasons are referred to as invitees, and…
Last month, a state appellate court issued a written opinion in a Florida personal injury case involving the state’s statute of repose for claims related to the “design, planning, or construction of an improvement to real property.” Ultimately, the court concluded that the plaintiff’s claim fit within the statute’s reach,…
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…
Earlier this month, a federal appellate court issued a written opinion in a case discussing a crucial issue that arises in many Florida personal injury cases. The case required the court to determine if the defendant insurance company could be named as a responsible party. The facts of the case…
In June 2019, a state appellate court issued a written opinion in a Florida premises liability case requiring the court determine if a property management company overseeing an apartment complex could be liable for a resident’s injuries. Ultimately, the court concluded that the agreement between the property management company and…
Not surprisingly, slip-and-fall accidents are most common in areas that receive a high volume of foot traffic. Thus, shopping malls, grocery stores, sidewalks, and parking lots are the most common places Florida slip-and-fall accidents occur. Each of these locations presents unique dangers and may implicate multiple defendants. A recent state…
Earlier this year, a state appellate court issued an opinion in a Florida slip-and-fall case in which the court discussed the difference between a plaintiff’s claim that the defendant landowner failed to maintain their property and a claim that a landowner failed to warn visitors about a known hazard. The…
In March, a state appellate court issued a written opinion in a slip-and-fall case raising an interesting issue involving the liability of a security company. The case presents an interesting issue for Florida accident victims because it required the court to determine if the plaintiff could hold the defendant security…