Last month, a state appellate court issued a written opinion highlighting the importance of complying with all of the procedural requirements in a South Florida personal injury lawsuit. Ultimately, the court determined that the plaintiff did effectuate proper service on the government defendant and rejected the defendant’s appeal. However, the…
In all Florida personal injury cases, the plaintiff must prove certain facts before they will be entitled to receive compensation for their injuries. The specific elements that must be proven depend largely on the type of case, but some elements are almost universally required across all Florida personal injury cases.One of…
When a party files a personal injury lawsuit against a defendant, the case proceeds through several stages before ultimately going to trial. One of the most important and most contentious phases in a personal injury lawsuit is the pre-trial discovery phase.During the pre-trial discovery phase, parties make requests for certain…
Last month, an appellate court in Georgia issued a written opinion in a personal injury case involving a car accident between the plaintiff and an employee with the Department of Transportation. Ultimately, the court determined that the plaintiff’s complaint did not conform to the mandatory procedural requirements of a complaint…
Earlier this month, a Florida appellate court issued a written opinion in a premises liability case against a water company after a woman tripped on a valve owned by the company. The court ultimately determined that the water company may be held liable not just for the maintenance of the…
As a general rule, people do not have a duty to assist in the rescue efforts of another party in danger. However, if a passerby does decide to assist in rescue efforts, the party who is in need of rescue has a duty of care to the person or people who…
Kids make mistakes, and as a general rule, the law does not allow people injured by a child’s negligent actions to seek compensation from the child or from the child’s parents. However, when a child causes an injury due to willful misconduct or is engaging in certain designated dangerous activities when…
Earlier this month, an appellate court in Georgia issued a written opinion in a slip-and-fall case that was brought by a woman who slipped and fell while attempting to board a train. The plaintiff filed her claim against the transportation agency that operated the train and maintained the station. However,…
Earlier this month, the United States Court of Appeals for the Fifth Circuit released a written opinion in a premises liability lawsuit against the federal government, alleging that the United States Forest Service, through its employees, was negligent in the maintenance of bike trails in a forest. The court ultimately determined that the…
In most cases, landowners owe a duty of care to those whom they invite onto their land. As a general rule, the level of care owed to a visitor depends on the relationship between the parties. For example, a customer shopping at a business is owed a higher duty of…