Florida is among many states that apply the “impact rule” in tort litigation. Generally, the impact rule provides that “a plaintiff can recover damages for emotional distress caused by the negligence of another” only if “the emotional distress suffered . . . flow[s] from physical injuries the plaintiff sustained in…
In an effort to avoid potential litigation, many businesses enact procedures to ensure customer safety. Notwithstanding the ubiquity of such safety procedures, employees do not always follow the rules, which unfortunately leads to injuries to patrons. When non-compliance with self-imposed safety protocols causes an injury, many people naturally question whether…
Under Florida law, it is presumed in rear-end collision cases that the driver of the rear vehicle was negligent. Although this presumption can be a useful tool for litigants, the presumption is not absolute, and those seeking to make recourse to this presumption must be able to show that no possible negligence…
In a long-awaited decision, Chirillo v. Granicz, the Supreme Court of Florida provided much-needed clarity on the thorny question of the liability that may extend to a psychotherapist for his or her patient’s suicide. The decision resolves conflicting rulings from two of Florida’s Courts of Appeal and provides coherent guidance to…
In American legal culture, the determinations of juries are afforded considerable deference. Nevertheless, juries do make mistakes, and courts then must step in and order new trials in the interest of justice. However, those who benefit from an initial jury’s ruling are generally not amenable to a trial court ordering a…
Like other industries providing services to vulnerable populations, nursing homes are no strangers to lawsuits. However, simply because nursing homes and similar long-term care businesses often find themselves in courts does not mean they like to be there. Indeed, nursing homes routinely have their incoming residents sign arbitration agreements providing…
Although we expect all products to be “safe,” there are certain products for which our expectation of safety is heightened. Indeed, given the vulnerability of children, products intended for use by juveniles are expected to be designed in a manner that accounts for both youthful impetuousness and relative physical fragility. Nevertheless, not all…
In a recent decision from Florida’s Fifth District Court of Appeal, Manfre v. Shinkle, the court examined whether a jury correctly found that the defendant, a local sheriff, was liable for injuries arising from a motor vehicle accident. Although the accident at issue occurred at night on an unlit, rural…
It’s a subject we have mentioned on several occasions, but it’s one that bears repeating. Even a single error can be damaging to a case, or lead to wasteful and duplicative effort for all involved. Indeed, as the defendants in a recent case before Florida’s Second District Court of Appeal,…
Under Florida law, a plaintiff has two years to bring a suit for negligence. See Fla. Stat. § 95.11. Although the waters surrounding our state play host to a number of accidents, many potential litigants are surprised to learn that the Florida legal rules, including the aforementioned statute of limitations, are…