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Monthly Archives: February 2022

NursingH10

How The PREP Act Affects COVID-19 Lawsuits Against Nursing Homes

By Leifer & Ramirez |

We have all heard–or even been personally affected by–the substantial amount of deaths that have taken place in Florida nursing homes during the COVID-19 pandemic. In many cases, nursing home administrators and staff have failed to take basic steps to prevent the spread of the disease among residents. This has prompted a large number… Read More »

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MedicalTable

Is Falling Off A Table “Medical Malpractice”?

By Leifer & Ramirez |

Although medical malpractice represents a type of personal injury claim, the rules governing the former are actually much more complicated that many people realize. Put simply, you cannot simply sue a doctor for malpractice. You must first complete a series of pre-suit steps mandated by Florida law. This includes conducting a “presuit investigation” and… Read More »

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Injury6

Why You Need To Establish A “Duty Of Care” In A Florida Personal Injury Lawsuit

By Leifer & Ramirez |

Personal injury claims are always rooted in a duty of care. This refers to the defendant’s legal obligation to act in a reasonable manner to prevent harm to the defendant. A simple example of duty of care is traffic accidents: Every driver on the road has a duty of care to follow the traffic… Read More »

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IceRink

Is An Ice Rink Operator Responsible For A Collision Between Patrons?

By Leifer & Ramirez |

People are often asked to sign “waivers” or “releases” before engaging in certain recreational activities. Obviously, such documents are meant to try and insulate the owner of a facility from personal injury lawsuits in the event of an accident. Such waivers are not absolute, however, and do not always foreclose an injured party’s right… Read More »

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Liab3

When Is The Government Liable For An Auto Accident?

By Leifer & Ramirez |

A key element of any successful personal injury case is establishing the defendant’s “duty of care” towards the plaintiff. A duty of care is some legal obligation imposed on the individual. In the context of an auto accident, for example, every driver on the road has a duty of care to follow the traffic… Read More »

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RearAccident

Understanding Florida’s Presumption Of Fault In Rear-End Accident Lawsuits

By Leifer & Ramirez |

Rear-end collisions are one of the most common types of auto accidents that occur in Florida. While most rear-end (or “tailgating”) accidents are not fatal, they can still cause significant injuries to the driver in the forward vehicle. And more often than not, the rear driver is responsible for causing the accident. As such,… Read More »

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CarCrash9

How The Graves Amendment May Affect Your Ability To Recover Damages In An Auto Accident Lawsuit

By Leifer & Ramirez |

The owner of a car can often be held legally responsible for an accident caused by someone else driving their car. This is known as vicarious liability. Perhaps the most common example is an employee driving their employer’s car on a work-related matter. If the employee runs a red light and crashes into a… Read More »

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PremLiab

Florida Jury Orders Wal-Mart To Pay $2 Million In Slip-And-Fall Case

By Leifer & Ramirez |

Every store owner knows–or should know–that they have a legal responsibility to keep their premises in reasonably safe condition for their customers and other invited guests. This means that if the store fails to exercise reasonable care, and someone is injured in a preventable accident, the owner can be held liable for monetary damages… Read More »

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Claim3

Florida Courts Remain Split On How To Bring Punitive Damages Claim

By Leifer & Ramirez |

In a personal injury lawsuit, you have the right to seek both economic and non-economic damages to cover your personal losses arising from an accident. In some situations, you may also have the option of seeking punitive damages from a defendant. Punitive damages is meant to punish egregious wrongdoing–as opposed to mere negligence–and effectively… Read More »

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Liability9

Is A Delivery Service Responsible For The Death Of A Person Killed By One Of Its Drivers?

By Leifer & Ramirez |

App-based delivery services have become a big business in Florida. Every day thousands of people request food deliveries via their smartphones from companies like Uber Eats and DoorDash. What customers may fail to appreciate, however, is that there is a driver on the other end of that order who may be distracted by their… Read More »

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