In Florida, the Third District Court of Appeals recently issued a decision in a plaintiff’s appeal of a trial court’s finding in favor of an apartment complex. According to the record, the apartment complex owns a six-floor building. On the day of the incident, the then seventeen-year-old plaintiff trespassed and…
The District Court of Appeal in Florida issued a decision in an insurance coverage dispute in a case involving the insurance company’s liability provision. According to the facts, the insurance company insured the homeowner’s residence. A failed cast iron sanitary plumbing system in the home caused water to escape and…
Recently, the First District Court of Appeal in Florida issued an opinion in an appeal involving claims from a teacher who suffered injuries after falling in a classroom where he worked. According to the record, the teacher sustained injuries after losing his balance because his leg fell asleep. The judge…
The First District Court of Appeal recently issued an opinion addressing the apportionment of liability stemming from a Florida pedestrian accident. According to the court’s opinion, the underage driver worked at a bar where he received a 50% discount on drinks. After drinking at his place of employment, he drove…
Recently, an appeals court issued a decision in a Florida workers’ compensation case where the Employer appealed the Judge of Compensation Claims (JCC) order. In this case, the E/C granted the employee/claimant’s request for a one-time physician change. The E/C agreed and scheduled the Claimant with a new physician. The…
Florida Statutes section 768.13 governs Florida’s “Good Samaritan Act,” which provides protection from liability to those acting in good faith while rendering emergency care in an emergency situation. The Good Samaritan Act stems from a public policy view that encourages bystanders to aid in emergencies without the fear of liability.…
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…
According to the World Health Organization, motor vehicle collisions cause more than 1.2 million fatal injuries worldwide and even more non-fatal injuries. Various factors contribute to or exacerbate the severity of a Florida accident. While the causes of Florida accidents are complex, most originate from negligence. Amongst younger motorists, inexperience,…
The Third District Court of Appeal in Florida recently issued an opinion in a defendant’s motion to dismiss a complaint. The plaintiff in the matter filed a lawsuit for injuries he suffered when a surgical table collapsed underneath him while he was preparing to undergo eye surgery. The victim argued…
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…