The existence of a building code violation may be used as evidence of negligence in some Florida premises liability cases. Evidence of a violation may constitute negligence per se, where a defendant’s conduct may be automatically considered negligent. However, the Florida Supreme Court has stated that not all violations of…
Negligent entrustment is a cause of action recognized in Florida personal injury cases. Proving negligent entrustment generally means establishing that another person or entity negligently allowed someone to use a dangerous object. In Florida, state courts have recognized section 390 of the Second Restatement of Torts, which states that if…
Florida personal injury cases can be complex, particularly when it comes to proving damages in cases where bills were already paid through another source. In a recent case before a state supreme court, the court considered whether to admit evidence of the original medical bill amount versus the amount actually…
Although injured workers must normally recover financial compensation from their employers through Florida workers’ compensation, an independent contractor may be able to recover for workplace injuries through a personal injury case. One federal appeals court recently dismissed a case that was brought in federal court involving an independent contractor who…
Slip and fall accidents can occur virtually anywhere and often have a lifelong impact on the victim. Florida premises liability lawsuits can be challenging, but accidents that occur on public property are inherently more complex. Some common examples of defective or dangerous conditions on public property are slippery surfaces, uneven…
Under Florida law, business and property owners must take steps to ensure that their land is free of dangers and safe for visitors. Typically, if a person sustains injuries because of a dangerous condition on another’s property, they can file a Florida premises liability lawsuit to recover for their injuries.…
Florida nursing home residents and their families are often forced into signing arbitration agreements with nursing homes, purporting to require that the claims be resolved in arbitration. However, such agreements are not always enforceable, as shown by one recent case. According to the court’s opinion, an elderly woman was admitted…
Recently, an appeals court issued an opinion in a Florida nursing home abuse lawsuit. According to the court’s opinion, the plaintiff filed a lawsuit against a nursing home, alleging that the home neglected his father, leading to the father’s death. The nursing home filed a motion to dismiss the claim…
Florida nursing homes and medical providers can be held accountable for the negligent or criminal conduct of their employees amounting to elder abuse. And, if successful, substantial compensation may be awarded to abused patients and their families. An alarming number of nursing home residents are victims of sexual, physical, and…
It is hard to understand, given the wealth of knowledge illustrating the dangers of drunk driving, why anyone would drive after having too much to drink. However, it happens all the time. In Florida, there were over 5,000 Florida drunk driving accidents in 2017 alone. Of those accidents, 350 resulted…