Most athletes know that playing sports can result in certain types of injuries. Most often, these injuries are muscle sprains or other injuries related to the overuse of specific muscle groups. However, certain sports present a higher risk of serious injuries. In some cases, those who are seriously injured while…
Claims of medical negligence in Florida are subject to strict rules that, if ignored, may result in a case getting prematurely dismissed before it is ever even heard by a jury. For example, Florida medical malpractice cases must be filed within a certain period of time, as outlined in the…
Earlier this month, a Florida appellate court issued a written opinion in a Florida personal injury lawsuit brought by a woman who developed lung cancer and chronic obstructive pulmonary disease (COPD) after smoking cigarettes manufactured by the defendant. The jury was tasked with answering: “Was [Plaintiff] addicted to cigarettes containing…
Florida premises liability lawsuits often hinge on the relationship between the plaintiff and the defendants. This is because any duty that a landowner may owe to a plaintiff depends on the relationship between the parties and the reason why the plaintiff is on the defendant’s property. A recent appellate decision…
Before a doctor is able to perform any kind of non-emergency medical treatment, she must first obtain the patient’s consent. However, since the medical field can be so complex and the stakes so high, courts have held that physicians must do more than simply have a patient check a box…
Anyone who has been injured in a South Florida car accident knows how difficult it can be dealing with insurance companies. In many cases, insurance companies will seek out ways to settle claims for as little as possible or deny claims outright. Earlier this month, an appellate court in Rhode…
Last month, one state’s appellate court issued a written opinion in a premises liability lawsuit that required the court to determine if the lower court was proper in granting the defendant’s motion for judgment as a matter of law. Ultimately, the court concluded that since the plaintiff presented evidence that gave…
When someone is injured due to a negligently designed or defectively manufactured product, they may be able to pursue compensation for their injuries from several parties, including the manufacturer, distributor, and retailer. These product liability lawsuits often are brought under a theory of strict liability, which does not require a…
Under Florida’s dangerous-instrumentality doctrine, a vehicle owner who entrusts his or her vehicle to another person who negligently causes an accident can be held liable for any injuries. Essentially, this doctrine holds the owners of dangerous instrumentalities – including motor vehicles – liable when they loan the vehicle to another…
Earlier this year, an appellate court in Iowa issued a written opinion in a medical malpractice case discussing the interesting topic of whether a plaintiff should be permitted to bring a medical malpractice case seeking compensation for the wrongful birth of a child. Ultimately, after surveying the laws of other…