In 1920, the Florida Supreme Court, in Southern Cotton Oil Co. v. Anderson, 80 Fla. 441, 86 So. 629 (1920), applied the dangerous-instrumentality doctrine to automobiles. The significance of the holding is that owners of automobiles are responsible for personal injuries caused through the negligence of those who drive their…
Florida Injury Attorney Blawg
The Truth (and Lies) About Medical Malpractice Litigation – Florida Perspective
Through years of misrepresentations, the insurance and medical industries have convinced the general public that every medical malpractice jury verdict favors the patient regardless of the merits of any particular case. Like a non-stop chant – think Florida State University football games – they scream of a crisis involving frivilous…
Florida Workers’ Compensation Permanent Total Disability (PTD) Benefits
There are three primary types of lost wage, or indemnity, benefits available to injured workers under Florida’s workers’ compensation system. They are: Temporary Partial Disability (440.15(4)); Temporary Total Disability (440.15(2)); and Permanent Total Disability (440.15(1)). Each of the temporary benefits is available for a limited period of time – not…
Pharmaceutical Malpractice (Florida) – Botox Maker to Pay $600 Million In Settlement
Allergan, Inc., the maker of wrinkle-smooting Botox, has agreed to pay $600 million to settle a year-long federal investigation into its marketing of the top-selling, botulin-based drug. The investigation, involving charges of paying kickbacks to induce physicians to inject Botox for off-label uses and teaching doctors how to bill for…
Refractive Surgery (Lasik, PRK, Lasek, CK) Malpractice Litigation in Florida
Annually, well more than one million Americans have refractive surgery to correct their vision. Refractive surgery is any type of surgery that alters the refractive power of the eye. Lasik is the most well known of the procedures, but others are available, including Lasek, PRK, and Epi-Lasik. Most of the…
Repetitive Trauma Injuries Under Florida’s Workers’ Compensation System
Most work-related injuries are caused by acute, single incident accidents. Absent the accident being the result of horseplay, injuries caused this way are typically compensable under Florida’s workers’ compensation system. Are injuries caused by repetitive trauma over a period of time compensable? So long as the injured worker’s evidence establishes…
Pleading the 5th Amendment in Florida Civil Cases
Much has been reported lately about Florida Republican gubenatorial candidate Rick Scott invoking 75 times his Fifth Amendment right against self-incrimination in a civil case brought by a Nevada company. The Fifth Amendment to the United States Constitution was ratified in 1791. It provides as follows: “No person shall be…
Forklift Accidents in the Workplace – Florida Workers’ Compensation & Civil Law
Workplace forklift accidents are common in Florida and often result in catastrophic injuries or death. Our law firm is currently handling two forklift accident cases, each involving serious injuries. Employees injured in forklift accidents should be eligible to receive workers’ compensation benefits through the employer or its insurance company. The…
PRODUCT LIABILITY – Federal Car Safety Standards Are Inadequate
Federal law requires all cars sold [to the public] in the United States to meet the Federal Motor Vehicle Safety Standards (FMVSS). It sounds good, but it’s not. The FMVSS are minimum standards for vehicle safety. Many of the standards applicable today were issued in the 1960s and 1970s, cover…
Limits on Non-Economic Damages in Florida Medical Malpractice Cases
In its infinite wisdom (sarcasm intended), the Florida Legislature, in 2003, placed arbitrary caps on the amount of money persons harmed by medical negligence may recover for noneconomic damages. (Noneconomic damages are defined in Florida Statute 766.202(8) as follows: “Noneconomic damages” means nonfinancial losses that would not have occurred but…