Monthly Archives: January 2022
Father Sues Florida Private School After Son Dies In Drowning Accident On Graduation Day
Parents trust their children’s schools to keep them safe from foreseeable harms. So when that trust proves to be misplaced and the child suffers serious injuries–or is even killed–as the result of the negligence of school officials, parents will understandably demand justice. And that often means taking legal action against the school. A recent… Read More »
What Do You Do When Your Insurance Company Claims You Do Not Have Coverage?
Auto insurance companies are sticklers for the rules. And if they can use specific language in a policy to avoid covering your accident, they will. But just because the insurer claims its interpretation of the policy is correct, that does not make it so. Indeed, a judge may see things quite differently. Florida Appeals… Read More »
What Is A “Himalaya” Clause And How Could It Affect My Personal Injury Lawsuit?
There are many situations where you are presented with a “terms and conditions” document that purports to create a legally binding contract between you and a service provider. For example, if you have ever booked a cruise out of Florida, your ticket (or its related paperwork) will contain a substantial amount of legal text…. Read More »
“Who Knew What When?” Is Often The Key Question In Slip-And-Fall Lawsuit
Slip-and-fall and other premises liability cases often turn on “who knew what when.” The plaintiff first needs to prove that there was a dangerous condition on the defendant’s property that caused the plaintiff’s injury. But the plaintiff must also prove that the defendant knew–or should have known–about the danger while the plaintiff was unaware…. Read More »
Can Someone Other Than A Property Owner Be Held Responsible For A Slip And Fall Accident?
Slip-and-fall accidents usually fall under the broader category of “premises liability” claims. This refers to the legal obligation of anyone who owns or controls a premises to keep the property in reasonably safe condition for invited guests. Note that a party may exercise “control” over the property for purposes of premises liability without necessarily… Read More »
Comparative Negligence And Florida Wrongful Death Lawsuits
A car accident may be the result of negligence on the part of one or more drivers. Let’s say two cars collide at an intersection. One car ran a red light, but the other was speeding. In that scenario, both drivers were at-fault in contributing to the accident. To account for these situations, Florida… Read More »
Can A Bar Be Held Responsible For A Customer’s Drunk Driving Accident?
Hundreds of people die in Florida each year in drunk driving accidents. Many of these victims were innocent people whose lives were cut short due to the reckless and negligent act of the drunk driver. In some cases, the drunk driver had only just left a bar or social event where they were served… Read More »
What Happens When A Defendant Never Responds To A Personal Injury Lawsuit?
When you file any type of lawsuit the defendant–the person you are suing–is given a deadline to file a formal reply or “answer” to your complaint. This is just one of many deadlines that both sides need to comply with as part of the litigation process. A party that fails to act before such… Read More »
Can A Personal Injury Defendant Waive Its Contractual Right To Arbitration?
Many private contracts contain arbitration provisions that require parties to submit any legal disputes to an arbitrator rather than a court. Such contracts are generally enforceable under federal and Florida law. That said, a party can effectively waive its right to arbitration by initiating or participating in litigation unilaterally. In other words, let’s say… Read More »
Florida Supreme Court Issues Important Pro-Plaintiff Ruling In Personal Injury Case
Before the trial of any personal injury lawsuit, both sides have the right to discovery, i.e., the right to demand certain information relevant to the case from one another or third parties. There are, of course, limits to the type of information that may be discovered. For example, if you are the plaintiff, you… Read More »