Florida is unique in that parts of the state enjoy over 170 days of sunshine each year. As a result, swimming pools are common across the state. However, swimming pools present serious dangers to children, and those who own or operate swimming pools must take precautions to guard against accident…
In any Florida personal injury case brought against a nursing home, one issue that frequently arises is whether the resident has previously agreed to arbitrate their claim, rather than proceed through the court system. This is a critical issue because, in some cases, an arbitration clause signed by a resident…
Earlier this month, a state appellate court issued a written opinion in a Florida car accident case discussing whether a private residential community could be held liable for the injuries sustained by motorists who were involved in a collision within the community. Ultimately, the court concluded that any alleged negligence…
Recently, a state appellate court issued a written opinion in a Florida car accident case requiring the court to determine if a liability release waiver signed by the plaintiff prevented her from pursuing a case against the defendant. Ultimately, the court concluded that the scope of the release waiver did…
In general, all relevant evidence is admissible in a Florida personal injury lawsuit. The Florida Rules of Evidence define relevant evidence as any evidence “tending to prove or disprove a material fact.” Thus, under the general rule, almost all of the evidence a party would hope to use at trial…
While no parent wants to think about the possibility of an accident occurring while their child is at school, on occasion these accidents do happen. When a child is injured in a Florida school accident, the parents of the child may be able to pursue a claim for compensation against…
In a recent state appellate decision, a Florida court upheld a jury’s verdict in favor of a plaintiff who was seriously injured after being rear-ended by a van while stopped in traffic on the Buckman Bridge. The case required the court to determine whether the plaintiff’s case improperly relied upon…
Anytime someone participates in a sporting activity, there is a risk that they could be injured. However, participants reasonably assume that the organization arranging the game has implemented rules to keep players safe and free from experiencing an unnecessary Florida sports injury. In a recent opinion released by a federal…
Recently, a state appellate court issued a written opinion in a personal injury case illustrating an important difference between Florida personal injury law and the laws of many other states. The case involved the defendant’s allegation that the plaintiff assumed the risk of injury and thus, should be precluded from…
Recently, a state appellate court issued a written opinion in a personal injury case illustrating the importance of taking all steps to properly preserve any issues a party believes a judge decided wrongly in a Florida personal injury case. In this case, the court ultimately dismissed the plaintiff’s appeal because…