South Florida Personal Injury Lawyers Blog

Florida Court Finds that Condominium Association Partially Responsible for Injuries on Property

Published on: March 24, 2020 | by Friedman Rodman Frank & Estrada, P.A.

Recently, an appellate court issued a written opinion addressing when and to what extent joint and several liabilities apply in Florida premises liability lawsuits. The case stems from an incident that occurred when a woman was attending a party at her friends’ condominium beach club. At the time of the party, the Beach Club’s boat dock was undergoing maintenance and repairs, however, work on the portion right behind the woman’s friends’ condos was halted because of a contract dispute between the Beach Club and the construction company. While walking on the unfinished portion of the boat dock, the woman fell into a hole and suffered serious injuries.

The woman filed a negligence lawsuit against the Beach Club, the construction company, and her friends. The plaintiff claimed the Beach Club breached its non-delegable duty to maintain the dock, the construction company failed to repair and replace the dock reasonably, and her friends violated their responsibility to keep their common areas safe and warn her of any hazardous conditions.

At trial, the jury found in favor of the plaintiff and apportioned damages amongst the parties, finding that Beach Club was 15% responsible, the construction company was 25%, the friends were 50%, and the plaintiff was 10%. Post-trial, the plaintiff asked the court to find that Beach Club and the construction company were jointly and severally liable for 90% of the damages. One of the main issues on appeal was whether Beach Club could be responsible for more than its proportionate share of the damages. On appeal, Beach Club argued that under Florida law, they could not be liable for more than their share of damages because the woman’s friends failed to warn the plaintiff.

Appellate Court Holds Grocery Store Was Not Entitled to Summary Judgement in Florida Slip and Fall Case

Published on: March 19, 2020 | by Friedman Rodman Frank & Estrada, P.A.

Late last month, a state appellate court issued an opinion in a Florida premises liability case involving a woman who slipped and fell while at her local grocery store. The case required the court to determine if an affidavit of the plaintiff’s sister was properly excluded from consideration by the trial court before it granted the store’s motion for summary judgment. Ultimately, the court concluded that the sister’s affidavit should have been considered, and thus, summary judgment was inappropriate.

According to the court’s opinion, the plaintiff and her sister were shopping at the defendant grocery store when the plaintiff slipped and fell after stepping in a puddle of water. The plaintiff filed a Florida slip and fall lawsuit against the store, and presented an affidavit from her sister in support of her claim. In the affidavit, the sister explained that the puddle was right next to a large cooler, was oblong in shape, and looked to have been stepped in by other people.

The grocery store asked the court not to consider the sister’s affidavit because it “baldly repudiated” the testimony that she gave at a prior deposition. At the deposition, however, the sister was only asked two questions, including the origin of the puddle and whether it consisted of a transparent liquid. Neither counsel asked the sister about the shape of the puddle.

Coronavirus May Be Transmitted Through Florida Cruise Ships

Published on: March 17, 2020 | by Friedman Rodman Frank & Estrada, P.A.

Despite the fact that many were skeptical of the risks associated with the newly discovered Coronavirus, it is beyond dispute that the virus poses a serious threat to the majority of the population. The extent of that threat remains to be seen, but with over 1,400 cases in the United States alone, and more than 30 deaths attributed to the disease, the situations is becoming dire.

Recently, it was discovered that several crew members on a Princess cruise ship tested positive for Coronavirus. According to a recent news report, the ship left San Francisco and while the ship was mid-voyage, several crew members began to exhibit symptoms. Not long after, passengers began to show signs of the virus as well. The ship was scheduled to dock in San Francisco but officials refused the ship entry. Instead, the ship was directed to a port in Oakland, California. Several days later, the occupants were able to finally exit the contaminated ship. In all, at least 21 passengers were diagnosed with Coronavirus.

According to a recent news report, the San Francisco Princess cruise ship was not the only one with cases of Coronavirus. Last month, 44 people were diagnosed with Coronavirus after exiting a Japanese cruise ship. This was well before Coronavirus was classified as a pandemic by the World Health Organization, and back when there were only a few thousand cases across the world.

Florida Appellate Court Discusses Whether Motorist Has a Duty to Install Trailer Brakes

Published on: March 13, 2020 | by Friedman Rodman Frank & Estrada, P.A.

Last month, a state appellate court issued a written opinion in a Florida pedestrian accident case involving a pick-up truck that struck a woman who was standing on the side of the road waiting for a bus. Specifically, the court was asked to determine whether the owner of the pick-up truck had a duty to install brakes on the trailer that was being towed. Ultimately, the court concluded that such a duty may exist, depending on the surrounding circumstances, but remanded the case to the lower court to make the determination.

According to the court’s opinion, the plaintiff was standing on the side of the road, waiting for a bus with her grandchildren when she was struck by a pick-up truck towing a trailer. The driver of the pick-up truck was the daughter of the truck’s owner, who had loaded the truck in preparation for the trip. However, before leaving, the owner of the truck did not feel well and asked his daughter to make the trip. The trailer was overloaded and did not have brakes installed.

As the owner’s daughter was driving, the traffic in front of her suddenly stopped. She applied the brakes in an attempt to safely come to a stop. However, as the owner’s daughter approached the traffic ahead of her, she realized she wasn’t going to stop in time. She swerved onto the shoulder to avoid stopped traffic, but struck the plaintiff.

The Various Theories of Liability in a Florida Trucking Accident

Published on: March 10, 2020 | by Friedman Rodman Frank & Estrada, P.A.

Florida accidents involving commercial tractor-trailers and semi-trucks often result in serious and potentially life-threatening injuries. The risk of serious injuries increases because of the size differential between commercial trucks and passenger vehicles. Even if evidence suggests that a Florida truck driver was responsible for an accident, there are often additional parties who may be liable for the damages.

Determining fault and apportioning liability in Florida trucking accidents often present injury victims with various challenges. Courts and insurance companies will engage in lengthy and comprehensive investigations before deciding who is at fault. Despite the size of commercial trucks, there may be evidence that suggests that the passenger vehicle was partially at fault. Injury victims must understand potential limitations to recovery and defenses that the other party may assert.

In some cases, truck drivers engage in blatantly negligent or reckless behavior that results in an accident. Some common examples of this are speeding, operating a vehicle under the influence of drugs or alcohol, falling asleep behind the wheel, or driving while distracted. Other situations may open the door to additional liable parties. For example, equipment failure, misloaded freight, and overloaded trailers may result in the truck fishtailing or swerving into other vehicles. In these cases, the truck driver, in addition to their employer or truck part manufacturer, may be liable as well.

Constructive Knowledge in Florida Slip and Fall Cases

Published on: March 5, 2020 | by Friedman Rodman Frank & Estrada, P.A.

When a guest is injured while on another’s property, they may pursue a claim against the property owner. To succeed in a Florida slip and fall lawsuit, a plaintiff must be able to show, among other things, that the property owner knew or should have known about the dangerous condition.

A property owner’s knowledge of a hazard can be proven through actual knowledge or constructive knowledge. Of course, proving actual knowledge can be difficult. Thus, many cases rely on proving a landowner’s constructive knowledge of a hazard. Last month, a state appellate court issued an opinion in a Florida premises liability case discussing constructive knowledge.

According to the court’s opinion, the plaintiff was shopping at the defendant grocery store when she slipped and fell. The plaintiff testified that she did not see anything on the floor before she fell. However, when she stood up, she saw a “clear, dirty liquid” that was later identified as a smashed grape. Two witnesses were nearby, and neither saw the fall, but both saw the substance on the floor. Neither saw footprints or cart track marks through the substance.

Importance of Florida Uninsured Underinsured Motorist Coverage

Published on: February 27, 2020 | by Friedman Rodman Frank & Estrada, P.A.

Florida motorists must purchase automobile insurance that provides at least $10,000 in personal injury protection (PIP) and $10,000 in property damage. PIP coverage is a no-fault coverage that provides compensation to motorists and qualified family members for certain accident-related medical expenses. Florida is a no-fault state, and insurance companies cover their policyholders in an accident. However, the law does not require motorists to purchase insurance to protect themselves when they are negligent. When someone is involved in an accident with a driver that does not have adequate protection, the victim may face significant challenges recovering for their losses.

To avoid potential significant financial burdens, motorists should purchase uninsured/underinsured motorist (UIM) protection. Unlike several other states, Florida automobile insurance laws do not require motorists to purchase uninsured/underinsured motorist (UIM) protection; however, this coverage provides drivers, their passengers, and household family members, with additional financial security.

UIM protection is useful in cases where motorists are involved in an accident with an at-fault driver with inadequate insurance coverage. Further, this coverage protects policyholders in hit-and-run accidents, unknown vehicle collisions, or if the policyholder or their family members suffer injuries as a pedestrian or cyclist.

Florida Product Liability Lawsuits Against the Manufacturers of Infant Sleepers

Published on: February 25, 2020 | by Friedman Rodman Frank & Estrada, P.A.

According to a recent new report, after several tragic deaths, numerous baby product manufacturers recalled their incline infant sleepers. The recalls arose after pediatricians and the Consumer Product Safety Commission (CPSC) alerted companies to concerns that the sleeper posed serious dangers to infants. Individuals whose loved ones suffered injury or death while using an incline infant sleeper or other baby product may be able to hold various parties liable under Florida’s product liability laws.

Historically, these products have been widely popular among parents who were experiencing issues with their infants sleeping. Manufacturers touted their products alleging that the recline and rocking mechanism helped babies that were suffering from reflux and colic. However, according to the American Academy of Pediatrics, the safest way for a baby to sleep is on their back on a firm, flat sleep surface. Safety experts and doctors began alerting consumers and patients to the dangers of these products after several babies died after rolling over and suffocating. After avoiding warnings and remarketing their products, Fisher-Price finally recalled their products. Following in line were several other companies that sell similar products.

There is likely no sum of money that can compensate a family who has lost a child. However, that fact does not absolve companies from liability, even if they recalled their products. Under Florida law, families may be able to file a product liability lawsuit against the company based on personal injuries or wrongful death.

Jury Awards Plaintiff $1 Million Verdict Against Insurance Company

Published on: February 20, 2020 | by Friedman Rodman Frank & Estrada, P.A.

Car accidents can leave injured motorists, passengers, and pedestrians with substantial property damage, physical injuries, and psychological trauma. After seeking medical attention, one of the first steps a Florida car accident victim should take is to file a claim with the at-fault driver’s insurance company. Many Floridians assume that insurance companies operate swiftly and fairly; however, this is often far from the truth.

In most instances, car accident victims will attempt to recover damages from the at-fault party or their insurance company. This requires filling out lengthy forms, providing detailed information, and explicitly requesting appropriate compensation. Insurance companies rarely agree to the amount the victim claims and will either counteroffer, deny, or even delay deciding the clam. If an insurance company is engaging in unlawful practices or countering an inadequate amount, injury victims should contact an attorney to file a complaint

To initiate a lawsuit against an insurance company, potential plaintiffs should file a complaint in court. Attorneys can assist the plaintiff in including all relevant and pertinent details, including a demand for damages. During pre-trial pleadings, both parties will have the opportunity to file motions to support their claims. If the case survives pre-trial proceedings, the parties will then engage in discovery and then trial.

Sudden Emergency Doctrine and Other Affirmative Defenses in Florida Car Accident Lawsuits

Published on: February 18, 2020 | by Friedman Rodman Frank & Estrada, P.A.

Under Florida’s personal injury laws, individuals who suffer injury because of a negligent driver may be able to recover for their losses through a Florida car accident lawsuit. However, these cases are rarely straight forward, and plaintiffs must ensure that they understand the evidentiary and procedural requirements they must follow. In addition to fact and evidence disputes, plaintiffs must anticipate and refute any defenses that the defendant may present.

There are three main types of defenses in Florida car accident claims that, if successful, can defeat liability. These defenses are, assumption of the risk, contributory negligence, and force of nature or unexpected loss of capacities. To overcome these defenses, plaintiffs must be able to pierce the evidence that the defendant presents.

The assumption of risk defense reduces a plaintiff’s right to recover when the defendant establishes that the plaintiff voluntarily and knowingly assumed the risks of the dangerous activity that led to their injuries. Plaintiffs must present evidence that they did not know there was a risk of the same type that they suffered, or that they did not voluntarily take on the danger. Defendants may also argue that the plaintiff somehow contributed to their injuries and subsequent damages, and therefore their recovery should be reduced by their level of fault. To avoid a significant reduction of compensation, plaintiffs must be able to show that their behavior did not contribute to their damages. Finally, some defendants argue that an unexpected loss of capacity or other force of nature led to the plaintiff’s injuries. This defense typically requires a defendant to prove that the behavior giving rise to the incident was unanticipated, exceptional, unavoidable, or related to a grave natural disaster or phenomena.