When courts consider a product liability lawsuit, they will instruct the jury on one of two available tests to determine whether the plaintiff has established their case against the defendant manufacturer. In Florida, courts use the consumer-expectation test to evaluate a plaintiff’s Florida product liability claim.The consumer-expectation test is fairly…
When someone is injured due to the negligent or intentional conduct of another person, the victim is entitled to file a Florida personal injury claim against the person or people they believe to be responsible for their injuries. If successful, an accident victim can recover compensation for their injuries.Compensation awards…
Florida landowners generally have a duty to make sure that their property is safe to those whom they invite onto their property. If a landowner, including a business or government entity, fails to maintain their property, and someone is injured as a result, the injured party may be able to…
Earlier this month, an appellate court in Georgia issued a written opinion in a premises liability lawsuit brought by a woman who was injured when a fallen tree struck her in the apartment complex where she lived. The case presented the court with the opportunity to determine whether the plaintiff’s…
When a South Florida nursing home abuse or neglect case is filed, the parties must exchange certain requested materials before the case is scheduled for trial. This is called the pre-trial discovery process, and it is an opportunity for both sides to learn a little more about the other’s case.In…
After a driver is involved in a South Florida car accident, they will likely make a claim with the at-fault driver’s insurance company, seeking compensation for the damages they sustained in the accident. In the event that the at-fault driver does not have insurance or does not have adequate insurance,…
Most people buy car insurance with the hope that they never have to use it. Indeed, aside from being required by law, car insurance provides motorists with the peace of mind of knowing that, should the unthinkable happen, at least they will be covered. However, thousands of South Florida car…
Earlier this month, Hurricane Irma ripped through South Florida, leaving behind a disaster area in some locations. Hurricane Irma may not have been as bad as some had forecasted, but hundreds of thousands of Floridians were left without power in the wake of the storm. While a power outage may…
After someone is involved in a Florida car accident, they may seek compensation through a South Florida personal injury lawsuit. In order to successfully bring a case against an allegedly negligent driver, a personal injury plaintiff must establish that the defendant’s actions resulted in their injuries.Once a plaintiff establishes that…
Establishing the breach of a duty is one of the most contested issues in South Florida premises liability lawsuits. Essentially, in order to establish this element, a plaintiff must point to some negligent act or omission of the defendant that violated a duty owed to the plaintiff.Earlier this month, an…