Florida law concerning design defect claims is continuously evolving, and courts have not reached a consensus on which test is appropriate in these matters. In most cases, courts use one of three different product liability tests: the consumer expectations test, the risk-utility test, or the reasonable alternative design test. In…
The Florida Supreme Court recently addressed the state’s statutory damages cap in cases against a governmental entity or actor. The state supreme court was tasked with answering whether the governmental immunity law caps damages at $200,00 for all injuries or deaths as claims “arising out of the same incident or…
Owning a home is a major milestone, but also comes with significant responsibilities and costs. Unlike renting, maintenance is no longer a call away to help fix things when they break or leak in your home. Home insurance, however, can often provide recourse in unexpected situations that are out of…
Visiting a coffee shop and purchasing a hot beverage is a delight for many people. However, when the coffee cup is defective, it can lead to serious injuries. Those injured by defective or dangerous products may be able to obtain compensation for their injuries through a Florida product liability claim.…
An appeals court issued its opinion in a Florida insurance dispute between a homeowner and an insurance company. According to the opinion, a homeowner entered into a contract with an insurance company where they agreed that in exchange for a lower premium, the insurance company would have the option to…
Florida product liability laws allow individuals and their families to pursue civil actions to recover damages for injuries they suffered because of a defective product. Product liability claims generally stem from design defects, manufacturing defects, or marketing defects. In these cases, there may be multiple responsible parties. Liability often hinges…
Every year, many families travel to tropical destinations aboard cruise ships for the vacation of a lifetime. With so much to do and so many opportunities to relax, a cruise sounds like the perfect option for any adventurous traveler. However, accidents can occur while on these trips. When they do, …
Recently, a Florida appellate court issued an opinion in a plaintiff’s appeal of several issues in a car accident lawsuit against their uninsured motorist carrier (UM). The case stemmed from a chain-reaction three-car accident. According to the court’s opinion, the driver of the first car made a sudden lane change…
Recently, an appellate court issued its opinion in a bad faith claim homeowners filed against their home insurance company. According to the court’s opinion, the homeowners filed a claim with their insurance company after suffering losses from Hurricane Irma. The insurance company investigated the claim and determined that the homeowners’…
Florida premises liability lawsuits often involve a slip and fall or trip and fall. These accidents can occur at businesses, restaurants, grocery stores, hospitals, nursing homes, and public buildings. Generally, under state law, business owners and land occupiers owe invitees a duty to maintain their premises in a reasonably safe…