Personal Injury

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...

Supreme Court of Florida Reverses Fourth District in Negligent Security Case

The Supreme Court of Florida recently issued an opinion reversing a Fourth District Court of Appeal decision we cited in a previous post. The decision,...

Supreme Court of Florida Rules That Exculpatory Clauses Without Express Language are Valid

In a recent per curium decision, the Supreme Court of Florida made a sweeping change to the law associated with pre-injury exculpatory clauses, and, as...

Fourth District Addresses Issues Surrounding Post-Injury Surveillance in Florida and Adopts Bright-Line Rule

Following the initiation of a personal injury suit, many defendants will start to conduct covert surveillance of the plaintiff in hope of uncovering evidence that...

Florida Fifth District Court of Appeal Affirms in Wal-Mart Negligence Case

Typically, if one were asked to think of an object involved in the commission of a tort, an ornamental vegetable would not spring to mind....