Who can be compensated and the types of damages that are available when a person dies through the wrongful act or negligence in Florida of any person or company is prescribed by statute in the “Florida Wrongful Death Act,” sections 768.16 through 768.26. The chart below is a breakdown of…
Must a landowner warn a visitor to the property of an open and obvious pothole? Probably not. Does a landowner have a duty to repair the pothole? Probably. In Burton v. MDC PGA Plaza Corp., 78 So.3d 732 (Fla. 4th DCA 2012), the plaintiff was seriously injured when, while loading…
Little known by most lay people is that every plaintiff involved in litigation, even those who appear to walk away with favorable judgments, may be subject to court sanctions in the form of paying the defendant’s attorneys fees. The sanction can be imposed under Florida Rule of Civil Procedure 1.442,…
Purchasers of used goods, such as appliances and cars, often buy from dealers subject to the condition that the items are being sold “As Is.” Does this provision in a sale agreement insulate the seller from liability for personal injuries caused by a defect? Probably not. Sellers use “As Is”…
To promote the gathering of facts surrounding motor vehicle accidents, the Florida Legislature has devised a number of statutes each with the essential character of compelling certain individuals to disclose information to law enforcement personnel. Florida Statute 316.066(1) requires a driver to make a report when involved in a crash…
During the past 12 months we have represented a handful of former Southern Bell linemen injured in the course and scope of their employment. Each was hired by Southern Bell (subsequently Bellsouth, now AT&T) in the 1970s to repair and install telecommunication cable. They started working for Southern Bell in…
There are numerous procedural, substantive, and even attitudinal differences in the way civil cases are handled between State and Federal Courts. The differences can determine the outcome of a case. In many instances, the line is sharp over which court system has jurisdiction, leaving little to no choice over which…
Success for the victim of a premises liability accident requires that he or she prove the defendant knew or should have known beforehand of the existence of the dangerous condition which caused the accident, and that the accident was foreseeable. One of the most effective ways of establishing these elements…
Read together, Florida Statute Section 95.11(4)(d) and Section 95.031(1) provide that an action for wrongful death, under Section 768.21 (known as Florida’s Wrongful Death Act), must be commenced within two (2) years of when the last element constituting the cause of action occurs. This is a strict standard that does…
Famed products liability expert and author (Foreseeable Risk) Tom Taormina was interviewed on April 12, 2012 on WLRN public radio by Topical Currents host Joseph Cooper. The conversation centered on the dangers of everyday household electrical appliances such as toasters and microwaves, but his account of an artificial lighted Christmas…