Disabled commercial vehicles are hazardous to motorists. Rightfully, much blame for traffic accidents is placed on trailing/approaching vehicle drivers. However, commercials vehicles disabled in lanes of traffic often contribute to serious and fatal accidents through little to no fault of approaching drivers. Surprisingly, many of these accidents occur in broad…
Anyone who lives in South Florida knows that the population of road bikers has exploded in recent years. With Lance Armstrong’s exploits and the availability of relatively inexpensive high performance bicycles, it is not uncommon, especially on weekend mornings, to see a countless number of road bikers of all shapes…
Drowning is the leading cause of death of young children and a significant cause of death of medically frail elderly persons in this state. Constant supervision is the best way to prevent drownings. Cognizant, however, that supervision is not always available, the Florida Legislature has devised a statutory scheme designed…
On July 7, 2010, I blogged that the initial tortfeasor (a wrong-doer, one who does wrong) in a negligence case is liable under Stuart v. Hertz Corp., 351 So.2d 703 (Fla. 1977), for all foreseeable damages arising from an accident, including enhanced injuries caused by medical malpractice suffered during treatment…
In Stuart v. Hertz Corp., 351 So.2d 703 (Fla. 1977), Hertz Corporation, vicariously liable for the negligence of the driver of its vehicle, sought to limit its financial burden by bringing a treating doctor into the case who, it claimed, made the crash victim’s injuries worse through medical malpractice. The…
Most Florida motor vehicle insurance policies extend coverage to its insureds for accidents involving temporary substitute automobiles. The typical requirements of the insurance policy provision are that the vehicle is used as a substitute for the owned auto when withdrawn from normal use because of its breakdown, repair, servicing, loss…
Florida Statute 767.04 imposes strict liability on dog owners for injuries suffered in public places and in or on private property when the victim is lawfully there. The former viciousness, in other words, the dog’s history, is irrelevant, hence the strict liability aspect of the statute. However, the victim’s own…
Personal injury claims of individuals under the age of 18 present unique procedural demands for the legal practioner. For starters, the attorney represents the minor through the minor’s legal guardian, typically one parent or both. This is because minors cannot pursue claims through the court system or settle them, pre-…
Every first year Florida law student is taught the concept of the Plaintiff with the “Eggshell Skull”. The proposition is that the Defendant [in an accident case] is responsible for the full extent of the injuries sustained by such Plaintiff even if the degree of damage suffered is more than…
Whether or not a Florida landowner is liable to a member of the public for injuries resulting from an accident on his or her property depends in large part on the status of the visitor at the time of the accident. The status will determine the landowner’s duty of care…