It is important to understand the difference between a minor car accident case and one that involves a serious personal injury in Florida. While other states may have similar laws regarding car crash injuries, Florida laws have specific requirements that determine whether a car accident injury is classified as a…
A Florida high-rise building collapse on Thursday morning killed at least ten people, injured 11, and it is being reported that 151 individuals are still missing. Officials said 102 people have been accounted for as rescue efforts continued into the night. The devastation occurred at the Champlain Towers South condominium,…
Sustaining a serious spinal cord injury can often have debilitating effects on individuals and their families. Severe spinal cord damage could cause victims to suffer long-term ailments, which can sometimes be permanent. Victims have been known to suffer from a multitude of health problems and disabilities, such as chronic pain,…
Under the common law, collateral source evidence was generally inadmissible for both determinations of liability and damages. Finding that this rule promoted double recovery in certain instances, the Florida legislature abrogated this rule in the 1980s and adopted the current set-off rule, which requires a trial court, with certain exceptions,…
Many South Floridians understand that pools come with risks. Indeed, pool owners are very aware of the dangers associated with falls and drowning. Notwithstanding the importance of these commonplace risks, the pool-related injury at issue in a recent product liability decision from Florida’s Third District Court of Appeal, Dominguez v. Hayward…
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…
Although a driver having an unanticipated seizure and slamming her vehicle into the vehicle of someone else sounds more like a TV drama than the facts of an actual case, the facts underlying the Second District Court of Appeal’s recent decision in Marcum v. Hayward show that situations that sound imaginary can indeed…
Although contract formation is often considered a formal process involving parties sitting at a conference table negotiating terms and memorializing a final agreement, every day people unknowingly enter into binding agreements that have sweeping implications for their rights. The realities of modern contracting are at the center of the Third District…
A night at the bar with friends does not typically end with someone wielding a tomahawk, but as you will see below, the facts of the Supreme Court of Florida’s decision in Dorsey v. Reider are not like those of a typical personal injury case. In Dorsey, the plaintiff was…
As the home of two of America’s three busiest cruise ship ports and the headquarters of numerous cruise companies, the South Florida metropolitan area hosts a considerable amount of litigation involving personal injury at sea. A common surprise to many litigants, however, is that Florida law does not apply in…