Florida is a comparative negligence state, see Section 768.81 Florida Statutes, which means that if a plaintiff’s negligence contributed to his or her injury, recovery can be offset to reflect his or her role in the harm caused. Accordingly, defendants in negligence suits will often argue that certain acts of…
In a recent and interesting decision, School Board of Miami-Dade County v. Martinez-Oller, Florida’s Third District Court of Appeal addressed whether a high school principal was negligent for failing to disclose a student’s poor disciplinary record to one of her teachers who witnessed an attack perpetrated by that student against…
It is common knowledge that the manufacturer of a product may be held liable for injuries arising from that product’s faulty design or construction. However, many are unaware the manufacturer may, in certain circumstances, be held liable for certain risks its product poses, even if the risks fall short of being…
Arbitration clauses are a common part of many types of contracts, from employment agreements to recreational waivers. Although arbitration is quite popular, at least among contract drafters, agreeing to arbitrate often means relinquishing many important procedural and substantive rights associated with formal legal proceedings. Since many are unaware of the…
An issue that often arises when an employee harms another during the course of his job is whether the employer can be held vicariously liable for the employee’s act. Indeed, proving vicarious liability is often necessary for assuring that one can acquire full recovery for his injuries, since many employees…
Many jobs come with inherent risks, and although safety precautions often help prevent those risks from materializing into actual harm, precaution is occasionally insufficient. In a recent case, Vitrano v. Florida Power & Light Co., the Fourth District Court of Appeal looked at the passing of a tree trimmer who…
When negligence regarding the administration of medication is mentioned, most people would typically think of doctors or nurses. However, other medical professionals may be liable for negligence related to the prescribing of medicine. In fact, Florida’s Fifth District of Appeal recently rendered judgment in an interesting case involving a pharmacist’s…
During the discovery process, the sharing of information is considered normal, if not the entire purpose of the endeavor. Indeed, the exchange of evidence often promotes bringing the truth to light efficiently or, at the very least, narrowing the issues in contention. However, some information remains beyond the scope of…
The Supreme Court of Florida recently issued an opinion reversing a Fourth District Court of Appeal decision we cited in a previous post. The decision, Sanders v. ERP Operating Limited Partnership, examines when a defendant is entitled to a directed verdict in negligent security action. The events leading to the…
In a recent per curium decision, the Supreme Court of Florida made a sweeping change to the law associated with pre-injury exculpatory clauses, and, as a result, left many susceptible to injury without recourse. The decision, Sanislo v. Give Kids The World, Inc., overturned precedential decisions from four of Florida’s…