Recently, a state appellate court issued a written opinion in a personal injury case discussing whether a car accident that was caused by an intoxicated employee was covered under the employer’s insurance policy. Specifically, the case required the court to determine if the employee was considered a “permissive user” under…
In June of this year, six passengers were injured in a Florida roller coaster accident when one of the coaster’s car became derailed from the tracks. Two of the passengers in the front car were thrown from the ride, falling 34 feet to the ground. The remaining passengers waited in…
Under Florida Statutes section 766.106, Florida medical malpractice plaintiffs must comply with certain additional procedural requirements. For example, a Florida medical malpractice plaintiff must provide pre-suit notice to the defendants, including a list of all of their medical providers for the two-year period prior to the incident as well as…
In Florida slip-and-fall lawsuits, the plaintiff must present some evidence that the defendant landowner knew of the hazard and failed to take action. Courts, however, do not necessarily require plaintiffs to present evidence of a defendant’s actual knowledge. In some cases, a plaintiff may be able to meet their burden…
Although less common than years ago, Florida train accidents still injure a significant number of people each year. In fact, according to the most recent government statistics, there have already been roughly 350 fatalities due to train accidents so far this year.Railroad companies have a duty to ensure that they…
In a recent appellate opinion, a court determined that a restaurant may have a duty to take some kind of action to control the population of venomous spiders on the premises. The case presents an interesting issue for potential Florida premises liability plaintiffs because it illustrates the extent of the…
The ultimate question in Florida premises liability lawsuits is whether the defendant landowner was negligent in the maintenance of their property. In order to determine if a landowner is legally negligent, courts consider a variety of factors, including the relationship between the parties, the level of duty the defendant owed…
Recently, a state appellate court issued an opinion in a Florida nursing home negligence lawsuit requiring the court to determine if the plaintiff’s case was properly brought in court or if she was required to submit the case to arbitration. Ultimately, the court concluded that while there was one clause…
Recently, an appellate court issued an opinion in a car accident case that raised an interesting issue that frequently comes up in Florida car accident cases. The case involved an accident between an employee who was on his way home from work and the plaintiff. The plaintiff attempted to hold…
Nursing homes have come under fire over the past few years for the manner in which they get residents and their families to give up their right to pursue a case against the nursing home in court. Often, these arbitration clauses are, at best, written in small text hidden among…