Oral contraceptives and other types of hormonal and non-hormonal birth control devices are necessary and life-changing for many women who want to take charge of their fertility, address premenstrual syndrome conditions, and control some forms of acne. However, despite rigorous testing, many hormonal birth controls have side effects that may…
South Florida Personal Injury Lawyers Blog
The Florida Rescue Doctrine
We’ve all driven by car accidents on the road, usually during a slow down or while authorities are still clearing a crash. How often, however, do you see people stopping to help who aren’t local law enforcement or emergency personnel? Do Florida residents have an obligation or responsibility to stop…
The Rebuttable Presumption of Negligence in Florida Rear-End Accidents
Recently, a news report described a harrowing Florida rear-end car accident that took the life of a 19-year-old woman. The woman was driving south on the Florida Turnpike when an SUV driver failed to slow his vehicle and slammed into the woman’s car. The woman’s vehicle veered into the barrier…
Proving Liability After a Florida DUI Accident
Individuals charged under Florida’s driving under the influence (DUI) or driving while impaired (DWI) statutes may face criminal and civil charges. Under the criminal system, the state must prove that the defendant is guilty “beyond a reasonable doubt.” Whereas, the burden is much lower in the civil system, and plaintiffs…
Florida Truck Accidents Lead the Country in Fatal Accidents
According to data gathered by the Federal Motor Carrier Safety Administration (FMCSA), Florida continually ranks in the top five states with the highest trucking accident rates. Data also reveals that Florida trucking accidents resulting in severe injuries and fatalities occur more than three times than that of the national average.…
Florida Premises Liability Cases Involving Allegations of a Victim’s Criminal Conduct
In a recent Florida District Court of Appeal opinion, the court considered whether a defendant was civilly liable for a death that occurred on its property. The case is unique because it involved allegations that the deceased accident victim was involved in criminal activity shortly before she died. The plaintiff…
Expert Witness Testimony in Florida Products Liability Lawsuit
Individuals who wish to pursue damages after suffering injuries because of a defective product must be able to establish that the product was defectively designed, manufactured, or lacked appropriate instructions and warnings. Under Florida law, consumers may proceed under a negligence or strict liability theory. Although claims may involve both…
The Consequences of Waiving Florida Uninsured Motorist Coverage
Under and Uninsured Motorist (UIM) coverage protects individuals if they are involved in an accident with someone who does not have adequate amounts of insurance coverage. In Florida, many insurance companies allow customers to purchase “full coverage” insurance. Despite the name, full coverage insurance does not typically cover UIM coverage;…
The Scope of a Landowner’s Duty Under Florida Premises Liability Law
Florida law defines premises liability as a land or property owner’s liability for conditions or activities on their premises. The law imputes liability for injuries that a visitor suffers while on the landowners’ property. Liability is based upon the relationship between the visitor and the landowner. Generally, courts classify a…
Liability in Florida Truck Accidents Involving Dangerous or Defective Vehicle Components
Defective commercial vehicles are a serious hazard to the health and public safety of all Floridians. Although Florida trucking accidents often involve the negligence of a trucking company or its drivers, design defects and faulty parts frequently play a significant role in a trucking accident. The sheer size and mechanical…