Many medical negligence actions are characterized by information asymmetry. Indeed, although a person may be aware that she has been injured, she may be unaware of the source of this injury and, moreover, whether the conduct leading to the injury was actually negligent. Given the imbalance in information that often…
Can an airline be subject to negligence liability for denying boarding to a customer? Although it did not fully address this question, a recent decision from the United States District Court for the Southern District of Florida, Pipino v. Delta Air Lines, Inc., assures that we will get more discussion…
Last year, we posted about the Supreme Court of Florida’s decision in Estate of McCall v. United States, 134 So. 3d 894 (Fla. 2014), which held that caps on noneconomic damages in wrongful death medical negligence cases were unconstitutional under the equal protection clause of the Florida Constitution. In a…
Visitors to a Renaissance festival expect to see jousts and sword fights, but they don’t typically expect to be the one dealing with an inadvertent injury at the end of the festivities. However, injuries can happen in the most unexpected places, including as described in a recent decision from the…
Although most people have a basic understanding of the effect a statute of limitations has on a person’s ability to bring suit, the application of a statute of limitations can often be more complicated than expected. For instance, the Fourth District Court of Appeal recently ruled in an interesting case…
Negligence liability is fundamentally predicated on the expectation that people should exercise reasonable care in their actions when such actions have the potential to cause harm to another. Although the courts play the principal role in defining the scope of “negligence,” legislatures also actively participate in defining the scope of reasonable care.…
The phrase “premises liability” is generally associated with slip and falls or shoddy construction. However, premises liability can extend to a wide variety of other types of dangerous conditions. For instance, the Second District Court of Appeal recently rendered judgment in Grover v. Karl, which addressed whether a business owner…
It is fairly common knowledge that when someone is injured on the job, he is limited in the legal options he has for recovery against his employer. Indeed, Florida’s Workers’ Compensation Law generally prohibits an employee from bringing a negligence suit against his employer. However, the Workers’ Compensation Law is…
One of the most common arguments on appeal following a trial is whether evidence was erroneously presented to the jury. Although inappropriate evidence can affect a jury’s determination, appeals courts are wary to allow a new trial in every case that involves an evidentiary ruling with which it disagrees. Accordingly, the…
The indoor ceiling architecture of airport terminal Workplace injuries are an everyday occurrence. However, injuries in certain workplaces create more legal complications than others. For example, construction activities at a single site are not typically performed by a single entity. Instead, the realization of a construction project often involves the…