Personal Injury

Third District Addresses Intentional Tort Exception to Florida Workers’ Compensation Immunity

It is fairly common knowledge that when someone is injured on the job, he is limited in the legal options he has for recovery against...

Fourth District Court of Appeal Addresses Harmless Error Rule in Auto Accident Decision

One of the most common arguments on appeal following a trial is whether evidence was erroneously presented to the jury. Although inappropriate evidence can affect...

Fourth District Court of Appeal Rules in Florida Injured Construction Worker Suit

The indoor ceiling architecture of airport terminal Workplace injuries are an everyday occurrence. However, injuries in certain workplaces create more legal complications than others. For...

Does Wearing High Heels in Florida Make An Individual Partially Negligent for a Fall?

Florida is a comparative negligence state, see Section 768.81 Florida Statutes, which means that if a plaintiff’s negligence contributed to his or her injury, recovery...

Florida Third District Court of Appeal Addresses Liability for Subcontractor Employee Injuries

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...

Florida Fourth District Court of Appeal Addresses Seatbelt Comparative Negligence Defense

In a recent decision, Jones v. Alayon, Florida’s Fourth District Court of Appeal addressed several questions arising from trial in an auto accident negligence case....

Trek Bicycle Corporation v. Miguelez: A Look at Failure to Warn in Florida

It is common knowledge that the manufacturer of a product may be held liable for injuries arising from that product’s faulty design or construction. However, many...

Third District Court of Appeal Affirms in Florida Arbitration Clause Dispute

Arbitration clauses are a common part of many types of contracts, from employment agreements to recreational waivers. Although arbitration is quite popular, at least among...

Florida Court Constrains Scope of Employer Relationship in Vicarious Liability Suit

An issue that often arises when an employee harms another during the course of his job is whether the employer can be held vicariously liable...

Fourth District Court of Appeal Examines Negligence Per Se in South Florida Tree Trimmer’s Death

Many jobs come with inherent risks, and although safety precautions often help prevent those risks from materializing into actual harm, precaution is occasionally insufficient. In...

Fifth District Court of Appeal Reverses in Negligent Prescribing Case

When negligence regarding the administration of medication is mentioned, most people would typically think of doctors or nurses. However, other medical professionals may be liable...

Florida Third District Court of Appeal Limits Access to Plaintiff’s Expert Witness

During the discovery process, the sharing of information is considered normal, if not the entire purpose of the endeavor. Indeed, the exchange of evidence often...