While Florida landowners generally owe a duty to keep their property safe and to warn visitors of any dangerous conditions on their land, Florida lawmakers have created an exception in the state’s recreational use statute. The Florida recreational use statute was passed “to encourage persons to make available to the…
All Florida personal injury cases must be brought within a certain amount of time. Florida Statutes section 95.11 provides the statutes of limitations for each cause of action. For example, most personal injury lawsuits alleging negligence must be brought within four years; however, Florida medical malpractice lawsuits must be brought…
As a general matter, all property owners have an affirmative duty to protect those whom they invite onto their property, and many – if not most – Florida premises liability cases arise based on this type of relationship. However, landowners also owe a duty to protect trespassers in certain circumstances.…
Earlier this year, a state appellate court issued a written opinion in a Florida medical malpractice case requiring the court to determine whether the plaintiff’s three expert affidavits were sufficient to comply with the requirements of Florida Statutes 766.102 outlining the expert affidavit requirement. Florida’s Expert Affidavit Requirement Under Florida…
Nobody plays a sport with the intention of getting hurt, yet each year there are thousands of Florida sports injuries. Most are minor, but some can be quite serious. As a general matter, anyone who is injured while playing a sport can pursue a claim for compensation against the parties…
Earlier this month, a state appellate court issued a written opinion in a Florida premises liability lawsuit discussing whether the plaintiff’s case should be able to proceed toward trial despite the fact that the hazard causing her fall was open and obvious. The court concluded that, despite the obvious nature…
In many Florida personal injury cases, the case comes down to physical evidence. For example, in a lawsuit claiming that a defective tire was responsible for a serious Florida car accident, the tire would seem to be a critical piece of evidence. However, in the wake of a serious accident,…
When someone is injured in a Florida workplace accident, compensation may be available through several sources. One option for the injured employee is to apply for Florida workers’ compensation benefits. One good thing about workers’ compensation benefits is that an employee can obtain benefits without a showing of fault. However,…
Determining which parties to name as defendants in a Florida trucking accident is a crucial decision that must be made early on in the process. Of course, an obvious choice is to name the driver of the truck involved in the accident. However, Florida truck accident victims would be wise…
Recently, a state appellate court issued a written opinion in a case discussing one of the most complex and contested elements in Florida medical malpractice cases. The case required the court to explain the causation requirement as it applies to Florida medical malpractice claims. Ultimately, the court remanded the case…