Under common law, principals are generally not liable for the negligent acts of independent contractors. Interstate shipping companies took advantage of this standard to avoid liability for accidents caused by the owners of rigs who contracted to transport their goods. The practice allowed carriers to keep from having to purchase…
Personal injury plaintiffs bear the burden of proving the defendant was negligent. See Florida Standard Jury Instruction 415.11 – Civil Cases. Negligence is determined by measuring the defendant’s conduct against the behavior of a “reasonable person” under similar circumstances. In Florida, the burden requires proof by the greater weight of…
Our last blog discussed the liability of landowners for accidents caused by tree roots. Today’s blog addresses the liability of landowners for accidents caused by broken sidewalks. Every premises liability case analysis involving invitees begins here: “Generally, a property owner owes two duties to an invitee: (1) the duty to…
We are about to file suit in a case where our client fell after catching the heel of her shoe on a tree root as she was traversing a raised, curbed planting bed that was six to eight feet wide, on the way back to her parked car from an…
While the American jury system is one of the greatest human inventions, it is not infallible. At times our peers are influenced by prejudice, passion, or corruption; they sometimes ignore or misconceive evidence, take improper elements of damages into account by speculation and conjecture. A verdict based on any of…
Insurance companies and their defense attorneys seek any shred of evidence to discredit plaintiffs. Facebook and other social medial have become a fertile field for this type of evidence. Personal injury cases include claims for economic and noneconomic damages. Facebook photographs and comments can contradict these claims. Photographs from the…
Earlier this year our law firm participated in a one week jury trial against a condominium association and a general contractor seeking damages for personal injuries sustained by our client, an elderly woman. The association hired the general contractor to rebuild a wood dock that ran, unimpeded, behind each condo…
Maximizing the client’s net recovery should be a primary focus in every case. Court costs, litigation and medical expenses, and insurance liens are elements often charged against the gross recovery. One of the insurance liens is a creature of Florida Statute 440.39(2). This lien comes into play when a person…
Florida civil trial juries are given wide latitude in resolving factual conflicts. A verdict supported by evidence will be allowed to stand even if other evidence backs a contrary result. However, inconsistent and inadequate verdicts must be modified or reversed. An “inconsistent” verdict can only be corrected by the jury…
In Parrish v. City of Orlando, 53 So.3d 1199 (Fla. 5th DCA 2011), the plaintiff suffered a comminuted proximal humerus fracture in her left shoulder from tripping and falling on an uneven sidewalk. The jury awarded $51,929.02 for past medical expenses, and $130,000 for future medical expenses. However, the jury…