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Articles Posted in Third-Party Liability

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How the Jones Act May Help Injured Seamen Recover for Work-Related Injuries

When someone is injured in a Florida workplace accident, compensation may be available through several sources. One option for the injured employee is to apply for Florida workers’ compensation benefits. One good thing about workers’ compensation benefits is that an employee can obtain benefits without a showing of fault. However,…

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Employer Liability in Florida Trucking Accidents

Determining which parties to name as defendants in a Florida trucking accident is a crucial decision that must be made early on in the process. Of course, an obvious choice is to name the driver of the truck involved in the accident. However, Florida truck accident victims would be wise…

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Court Permits Car Accident Plaintiff to Proceed with Both Respondeat Superior and Negligent Entrustment Theory

Recently, a state appellate court issued a written opinion in a personal injury case discussing whether a plaintiff could pursue a respondeat superior claim as well as a negligent entrustment claim against an employer based on an employee’s negligent conduct. The case is important to Florida car accident victims because…

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Court Discusses Personal Injury Plaintiff’s Evidentiary Burden at the Summary Judgement Stage

When a plaintiff files a Florida personal injury case, in many instances the defendant will file a motion for summary judgment claiming that the plaintiff’s case is insufficient as a matter of law. Essentially, in a summary judgment motion, the defendant argues that there are no disputed factual issues in…

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Florida Personal Injury Victims and the Importance of Being Careful When Settling a Case

The recovery period following a serious Florida car accident is different for everyone, but it is not an easy time for anyone. Aside from the physical trauma and emotional disturbance caused by the accident, there are the mounting medical bills, the time away from work, and the headache of dealing…

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Appellate Court Determines Condominium Association Is Not a Landlord in Recent Premises Liability Case

Florida premises liability lawsuits often hinge on the relationship between the plaintiff and the defendants. This is because any duty that a landowner may owe to a plaintiff depends on the relationship between the parties and the reason why the plaintiff is on the defendant’s property. A recent appellate decision…

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Who Is Responsible in Florida When Someone Causes an Accident Using a Borrowed or Stolen Car?

In many South Florida auto accident cases, there are actually several parties who can potentially be held responsible for a victim’s injuries. For example, if an employee causes an accident while on the job, both the employee as well as the employer can often be named in a subsequent personal…

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Employer’s Failure to Conduct Thorough Background Investigation May Be Basis for Liability in Employee’s DUI Accident

In a recent case, a state appellate court considered whether a company could be held liable after an employee caused an accident in a company car while driving drunk. According to the facts as laid out in the court’s opinion, the employee received permission to use a company car on…

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Appellate Court Rejects $885,000 Verdict Against Educational Institution in Auto-Pedestrian Accident Case

The California Court of Appeals recently published an opinion reversing a jury’s verdict in favor of a 14-year-old boy who was injured in a 2012 auto-pedestrian accident involving an instructor employed by the defendant who was driving home from work when the accident occurred. The lawsuit, which was originally filed…

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State Supreme Court Rules in Favor of Plaintiff in Dram Shop DUI Wrongful Death Case

The Supreme Court of Massachusetts recently released an opinion affirming a district court’s ruling that a plaintiffs’ lawsuit against a restaurant regarding the DUI-related death of their family member could proceed. The defendant had argued that the plaintiffs submitted an insufficient affidavit to make a claim against a provider of…

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