In a recent ruling, a Florida court upheld a verdict in favor of a man who was injured when he slipped and fell in his shower. The plaintiff’s claim was based on the landlord’s failure to properly fix the shower drain. Evidently, the defendant landlord had been notified about the…
South Florida Personal Injury Lawyers Blog
Court Dismisses Plaintiff’s Case, Finding It Stemmed from Medical Malpractice Rather Than Ordinary Negligence.
Late last month, a Florida appellate court issued an opinion in a consolidated medical malpractice case against a behavioral health agency and hospital. The case involved the question of whether the plaintiff’s claim was based in medical malpractice. If so, the plaintiffs did not comply with the procedural requirements, so…
Florida Bad Faith Insurance Disputes Regarding Homeowner’s Claims
Recently, the United States Court of Appeals for the Eleventh Circuit issued an opinion addressing issues that commonly occur in insurance coverage disputes between Florida homeowners and insurance companies. In this case, a couple in a neighboring state discovered that a home they recently purchased was infested with brown recluse…
Congress Opens Probe into Carnival Cruise Line, a Popular Line for Florida Vacationers
Going on a cruise should be a fun and relaxing experience. Many Florida residents go on cruise vacations each year, especially since many cruise ships leave from coastal Florida cities. However, the COVID-19 pandemic has seriously harmed the cruise industry, as several ships have had outbreaks of the virus over…
What Is “Stacking” Under Florida Insurance Law?
Florida has one of the highest rates of car accidents involving uninsured or underinsured (UIM) drivers in the country. Car accidents with drivers without appropriate insurance can have long-term medical and financial consequences on a car accident victim, and Florida drivers must protect themselves. Florida requires that motorists maintain two…
Implications of COVID-19 on Florida Car Insurance
The COVID-19 pandemic has uprooted the lives of most Americans in Florida and across the United States. Employers, educational institutions, retailers, and almost every other industry has made changes to the way they operate. As a result, Florida drivers are typically only venturing out for mandatory travel or essential supplies.…
Florida Appeals Court Finds Evidence of Constructive Notice in Plasma Center Slip and Fall Case
In a recent case before a Florida appeals court, the court considered whether there was sufficient evidence the business had constructive notice of water on the floor in a Florida slip and fall case. In that case, the plaintiff fell when he was at a plasma donation center. According to…
Understanding the Obvious Danger Doctrine in Florida Premises Liability Cases
Florida landowners or occupiers have certain duties towards people who come on their property. The duties owed toward individuals depends on the relationship between the landowner and the entrant. The three classes of entrants recognized in Florida premises liability cases are invitees, licensees, and trespassers. Florida landowners and occupiers owe…
Court Addresses Foreseeable Zone of Risk in Florida Wrongful Death Lawsuit
Recently, a Florida appellate court issued an opinion in a consolidated appeal arising from the tragic mass murders at the Pulse nightclub. The facts indicate that the shooter entered the nightclub shooting and injuring fifty-three patrons and killing forty-nine others. The survivors and decedents’ representatives filed a lawsuit against the…
Court Addresses Hotel Lifeguard Requirement in Florida Wrongful Death Lawsuit
Recently, an appellate court issued its opinion in an appeal stemming from the tragic death of a man in a Florida hotel swimming pool. The man’s wife filed a wrongful death lawsuit against the hotel alleging, among other issues, that the hotel was responsible for the death of her husband…