South Florida Personal Injury Lawyers Blog

State Court Rejects Risk-Utility Test in Product Liability Case Against Auto Manufacturer

Published on: October 19, 2017 | by Friedman Rodman Frank & Estrada, P.A.

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 straightforward and requires jurors to ask themselves whether the product at issue performed as a consumer would expect it to perform under the circumstances. This test is generally preferred by product liability plaintiffs to the other predominant test, the risk-utility test.

Under a risk-utility analysis, jurors are asked whether the risks of the design chosen by the defendant manufacturer outweighed the utility, or benefit, the design provided. The risk-utility test also requires that the plaintiff establish that there was a reasonably safe alternative design that the defendant manufacturer could have used. Since this test places a burden on the plaintiff to establish that a reasonably safe alternative exists, this is generally a more difficult test for product liability plaintiffs to meet.

Punitive Damages in Florida Personal Injury Cases

Published on: October 16, 2017 | by Friedman Rodman Frank & Estrada, P.A.

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 in personal injury cases are broken down into different categories. For example, the most common category of personal injury damages is called compensatory damages. Compensatory damages are designed to put the plaintiff back into the position where they were before the accident. Medical expenses, lost wages, and a decrease in one’s quality of life are all categories of compensatory damages. Since these damages are designed to make the plaintiff “whole” again, the focus is on the victim, rather than the conduct of the defendant.

Punitive damages, on the other hand, focus on the defendant’s conduct that resulted in the plaintiff’s injuries. Punitive damages are rare and can be significant – sometimes reaching into the tens of millions of dollars. These damages are designed to deter parties from engaging in the type of conduct that resulted in the plaintiff’s injury. As a result, punitive damages focus on the defendant’s conduct, rather than the injuries suffered by the plaintiff. Punitive damages are rare and generally are not appropriate when mere negligence is alleged. Normally, there must be a showing of intentional conduct or recklessness in order for a court to consider punitive damages.

Florida Rollerblade Injury Case Dismissed Under Recreational Immunity Statute

Published on: October 12, 2017 | by Friedman Rodman Frank & Estrada, P.A.

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 recover compensation for their injuries through a Florida premises liability lawsuit.There is an exception to this general rule, however, and that lies within the Florida recreational use statute, F.S. 375-251. The statute provides immunity from liability to certain landowners who open up their land for the public’s general use. In order to qualify for this immunity, a landowner must not charge a fee for the use of the land. A recent Florida appellate opinion discusses the applicability of a recreational use statute to a rollerblade injury case, finding that the plaintiff was prevented from bringing a lawsuit against the government entity he claimed was responsible for his injuries.

The Facts of the Case

The plaintiff was rollerblading on the street in Delray Beach when he encountered a pothole. Unable to maintain his balance as he hit the pothole, the plaintiff fell to the ground, resulting in serious injuries. The plaintiff filed a premises liability lawsuit against the City of Delray Beach. The plaintiff admitted that it was against the law to rollerblade in the street but nonetheless argued that the city was negligent in maintaining the roadway and letting a pothole develop.

Plaintiff Injured by Fallen Tree Permitted to Proceed with Case Against Property Owner

Published on: October 9, 2017 | by Friedman Rodman Frank & Estrada, P.A.

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 case was sufficient as a matter of law and should therefore survive the summary judgment challenge filed by the defendants. This case is helpful for South Florida premises liability plaintiffs because it clearly illustrates the elements of a premises liability lawsuit.

The Facts of the Case

The plaintiff was a tenant at the defendants’ apartment complex. One day, during a particularly heavy storm, a tree on an adjacent piece of property was knocked over. As the tree fell, it got caught on the gutter of the apartment building where the plaintiff lived.

The tree remained suspended from the apartment building for some time. The plaintiff reached out to the defendants, asking them to remove the tree, but no action was taken. Ultimately, the plaintiff contacted a fellow resident she knew to also work as a part-time maintenance worker for the defendants.

Nursing Home Claims Privilege in Face of Plaintiff’s Discovery Request

Published on: October 5, 2017 | by Friedman Rodman Frank & Estrada, P.A.

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 most South Florida personal injury or wrongful death cases filed against a nursing home, the plaintiff will request not just information that he believes will be helpful to his case but also information that could potentially be harmful to his case. The idea is to be prepared for what lies ahead at trial. A recent case illustrates the tactics that some nursing home defendants will attempt in order to prevent the plaintiff from obtaining certain material.

The Facts of the Case

The plaintiff was the father of a mentally ill man who was a resident at the defendant nursing home. While the plaintiff’s son was a resident of the home, he was attacked by another resident with a blunt object and subsequently died from the injuries he sustained in the attack.

Appellate Court Reinstates Plaintiff’s Case Against Insurance Company of Bankrupt Driver

Published on: October 2, 2017 | by Friedman Rodman Frank & Estrada, P.A.

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, the accident victim may then have to file a claim with their own insurance company.Insurance claims, however, are not always approved. Insurance companies operate on a for-profit model and are often looking for ways to reduce their costs. This may mean trying to find ways to deny a claim that would otherwise be costly to the insurance company. A recent case illustrates the difficulties one motorist had when making a claim with his own insurance company following a serious car accident.

The Facts of the Case

The plaintiff and his wife were involved in a serious car accident with another driver. The plaintiff’s wife was seriously injured and later died before she could recover from her injuries. The plaintiff filed a personal injury lawsuit against the at-fault driver as well as his insurance company. In addition, since he believed that the at-fault driver’s insurance policy was not going to provide full compensation for his loss, the plaintiff named his own insurance company, based on the underinsured motorist provision in his insurance contract.

What to Do if the Insurance Company Denies a Florida Auto Accident Claim

Published on: September 28, 2017 | by Friedman Rodman Frank & Estrada, P.A.

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 accident victims are shocked each year when they are made a low-ball settlement offer that doesn’t cover their expenses, or they are told by their insurance company that their claim has been denied.Following most Florida car accidents, the accident victim will file a claim with the other driver’s insurance policy. However, there may be several reasons why a driver files a claim against their own insurance company as well. For example, if the other driver’s insurance limits are too low, the accident victim may seek compensation through their own policy’s underinsured motorist provision. A recent case illustrates how a driver’s own insurance company may try to limit the amount of money payable to the accident victim.

The Facts of the Case

The plaintiffs were the surviving family members of two people who were killed in a car accident. At the time, the plaintiffs’ family insured five cars through the insurance company. Since the company had a rule to only have a maximum of four cars per policy, the company generated two policy numbers. Three of the plaintiffs’ cars were on one policy, and two of their cars were on the other policy. Each policy had a limit of $250,000 for underinsured motorist protection.

Florida Nursing Home Faces Wrongful Death Lawsuit in the Wake of Eight Hurricane Irma Deaths

Published on: September 25, 2017 | by Friedman Rodman Frank & Estrada, P.A.

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 be a minor annoyance to most, outages can be deadly to a nursing home resident who relies on medical equipment.According to a recent news report, one South Florida nursing home is facing at least one lawsuit stemming from the deaths of eight residents following Hurricane Irma. The report details the allegations in the plaintiff’s complaint, which claim that the nursing home’s failure to take adequate precautions to protect residents leading up to the storm showed “negligence and reckless indifference.”

The plaintiff points to several alleged failures on the part of the nursing home, including the home’s failure to secure a generator in the event of a power outage despite ample warning that the facility was likely going to lose power. Indeed, there were reports that the temperature inside the nursing home reached as high as 106 Fahrenheit at times due to the lack of air conditioning.

Determining Damages in South Florida Car Accidents

Published on: September 21, 2017 | by Friedman Rodman Frank & Estrada, P.A.

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 a defendant violated a duty of care that was owed to the plaintiff, the next step is to determine the damages that the plaintiff is owed. The calculation of damages in a Florida car accident case can be a very contentious and complex issue, depending on the surrounding circumstances.

Some types of damages are fairly easy to calculate. For example, determining the amount of past medical expenses may be as easy as reviewing medical bills. However, figuring out the exact amount of damages is not always straightforward, especially when there are subsequent injuries sustained by the plaintiff.

Plaintiff’s Wrongful Death Lawsuit Against Florida Swimming Pool Owner Dismissed

Published on: September 18, 2017 | by Friedman Rodman Frank & Estrada, P.A.

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 appellate court issued a written opinion in a personal injury lawsuit filed by the father of a young boy who drowned while swimming in a pool at a condominium complex. The appellate court was tasked with determining if the trial court was proper to grant the defendant’s motion for summary judgment based on the plaintiff’s failure to establish that the defendant was negligent. After reviewing each of the plaintiff’s claims, the court determined that the condo association was not negligent in any way and affirmed the lower court’s ruling.

The Facts of the Case

The plaintiff’s son was swimming in a pool that was located inside a condominium complex operated by the defendant condo association. The boy was accompanied by several family members, none of whom lived in the condo complex. While the boy’s aunt did live in the complex, she was not present while the group was using the pool.