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South Florida Personal Injury Lawyers Blog

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Court Holds That Police Department May Be Liable for Officer’s Failure to Use Due Care While Responding to an Emergency

In a recent personal injury case, a state appellate court issued a written opinion discussing whether a police department could be held liable under the state’s tort claims act for injuries caused while the officer was responding to an emergency call. The case presents an important issue for Florida car…

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Court Considers Case Arising Out of Vacation Rental Slip-and-Fall

Last month, a state appellate court issued an opinion in a personal injury case that raised an interesting issue that arises in many Florida slip-and-fall cases. The case presented the court with the opportunity to discuss the extent of the duty that was owed to the plaintiff by the defendant,…

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Court Permits Car Accident Plaintiff to Proceed with Both Respondeat Superior and Negligent Entrustment Theory

Recently, a state appellate court issued a written opinion in a personal injury case discussing whether a plaintiff could pursue a respondeat superior claim as well as a negligent entrustment claim against an employer based on an employee’s negligent conduct. The case is important to Florida car accident victims because…

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Court Discusses Personal Injury Plaintiff’s Evidentiary Burden at the Summary Judgement Stage

When a plaintiff files a Florida personal injury case, in many instances the defendant will file a motion for summary judgment claiming that the plaintiff’s case is insufficient as a matter of law. Essentially, in a summary judgment motion, the defendant argues that there are no disputed factual issues in…

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Court Applies Florida’s Dangerous Instrumentality Doctrine to Construction Loaders

In a recent appellate decision, the Florida Supreme Court held that construction loaders are considered dangerous instrumentalities as a matter of law. As a result of the court’s opinion, Florida personal injury victims who have been injured by these dangerous machines can pursue a claim for compensation against the owners…

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Court Rejects Wrongful Death Claim Against Concert Planners in Recent Drunk-Driving Case

Recently, a federal appellate court issued a written opinion in a personal injury case involving a fatal drunk driving accident that occurred during the South-By-Southwest Music Festival (SXSW). The case required the court to determine if the plaintiff’s lawsuit against the event planners should proceed toward trial. Ultimately, the court…

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Florida’s High Court Rejects Wrongful Death Damages Cap Imposed by Lower Court

Recently, the Supreme Court of Florida issued a written opinion in a case rejecting a lower court’s decision to impose what appeared to be a bright-line rule regarding the available amount of damages a Florida wrongful death plaintiff is able to obtain. In so doing, the state’s high court held…

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Florida Personal Injury Victims and the Importance of Being Careful When Settling a Case

The recovery period following a serious Florida car accident is different for everyone, but it is not an easy time for anyone. Aside from the physical trauma and emotional disturbance caused by the accident, there are the mounting medical bills, the time away from work, and the headache of dealing…

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Court Discusses Police Officer’s Immunity in Recent Car Accident Case

Recently, an appellate court in another state released an opinion in a personal injury case discussing whether a police officer, plus the city entity that employed him, could be liable for injuries arising out of a car accident allegedly caused by the officer. In the end, the court determined that because…

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