Florida Roller Coaster Derails, What are the Victims Rights?

Earlier this month, six people were hospitalized after a car on the Sandblaster rollercoaster in Daytona Beach’s Mardi Gras Fun Center derailed. According to a local news report, the coaster was carrying ten people in three separate cars when the front car derailed and fell off the tracks. The front car that derailed fell to the ground, leaving the other two cars dangling over 30 feet in the air. Emergency responders rushed to get the remaining occupants down safely. In all, six people were hospitalized, two with serious injuries. Another news article interviewed one of the ...

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Florida Supreme Court Discusses When a Case Must Comply with the State’s “Onerous” Medical Malpractice Requirements

In Florida, lawmakers have determined that lawsuits bringing claims of medical malpractice must comply with additional requirements that are not necessary in Florida personal injury cases bringing claims under a traditional theory of negligence. In so doing, lawmakers put courts in the position of determining which cases should be classified as “medical malpractice cases” and thus be subject to the additional requirements. A recent decision issued by the Florida Supreme Court provides some much-needed guidance for how courts should sort out personal injury cases that lie on the line between traditional neglig...

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Court Finds Plaintiff’s Acceptance of Risks Involved in Volunteering at Dog Park Does Not Prevent Her from Filing a Personal Injury Case

Earlier this month, a state appellate court issued a written opinion in a Florida dog bite case discussing the single defense to the state’s strict liability dog-bite statute. Ultimately, the court concluded that a warning sign posted outside the dog park where the plaintiff was injured did not bar her recovery against the defendant dog owner. The Facts of the Case The plaintiff had volunteered at a local dog park for three years. Prior to beginning as a volunteer, the plaintiff signed a waiver indicating that she was aware of the dangers involved in being in the dog park and that she accepted those risks. On the entrance gate into the dog park, there was a sign warning visitors of the potential dangers and explaining that all visit...

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Can Someone Recover for Emotional Injuries After Witnessing a Florida Accident?

For many, when anxieties run high, physical symptoms can set in. Commonly, symptoms of heightened anxiety are sweaty palms, heart palpitations, dizziness, or nausea. However, when a triggering event is serious enough – like witnessing a fatal Florida car accident – the symptoms can get much worse. Recognizing this reality, Florida courts have determined that those who suffer physical symptoms as a result of witnessing a psychologically traumatic event may be able to recover for their injuries – both physical and emotional. This claim is called negligent infliction of emotional distress, or NIED. Interestingly, NIED is not mentioned anywhere in the Florida Statutes. Instead, this cause of action was developed entirely through the court system. Essentially, courts were getting cases in which those who witnessed serious accidents involving a loved one were attempting to recover for...

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Florida Spa Procedure Gone Wrong Causes Permanent Injuries

Earlier this month, an appellate court issued a written opinion in a Florida personal injury case that was brought by a woman who suffered worsening symptoms of a pre-existing condition after she received a chemical peel procedure from the defendant spa. The case required the court to determine if the lower court was proper in excluding a defense expert witness and entering judgment in favor of the plaintiff. Ultimately, the court concluded that the lower court was within its discretion and affirmed the verdict below. The Facts of the Case The plaintiff arranged to have the defendant spa perform a chemical peel on her face. The plaintiff, who suffered from rosacea, filled out an intake form indicating that she had rosacea. However, ...

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Florida Court Rejects Appeal in Cigarette Death Case Because of Failure to Object During Trial

If a Florida wrongful death case goes to trial, one party ends up with an unfavorable result. In that case, the losing party may appeal the decision. But if an appeal is made, the party has to have a clear understanding of the issues it can raise—because if it failed to raise the issue before, the issue may be waived, and the party may be stuck with the result. In a recent case, a Florida appeals court considered whether an issue could be raised on appeal that the defendants raised before—but not during—the trial. In that case, a man brought a wrongful death claim against two cigarette companies after his wife’s death. The case went to trial, and the jury found in the man’s favor, awarding him $460,000 against each defendant. The defendants appealed th...

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What Happens When a Jury Gets It Wrong?

In most Florida personal injury cases that are tried to a jury, once both parties have concluded their presentation of the evidence, and the jury returns a verdict, that verdict is final. However, Florida lawmakers recognize that jurors can make mistakes, and thus they have provided a mechanism for parties to petition the court in these situations. Remittur and Additur Under Florida Statutes section 768.74, after a jury determines that liability exists and returns a verdict, a party can ask the court to “review the amount of such award to determine if such amount is excessive or inadequate in light of the facts and circumstances which were presented to the [jury].” If the judge determines that the amount awarded by the...

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Court Finds Golf Cart Accident Was Covered Under Plaintiff’s Insurance Policy

Earlier this month, a court issued a written opinion in a Florida golf cart accident case requiring the court to determine if the plaintiff’s insurance provider was required to cover the accident under the underinsured motorist (UM) provision of the plaintiff’s policy. Ultimately, the court held that the exclusion for accidents involving “non-owned golf carts” was invalid. The Facts of the Case The plaintiff was walking on a pathway in Sun City Center when she was struck by a golf cart. As a result of the collision, the plaintiff suffered serious injuries. The operator of the golf cart did not have sufficient insurance coverage to fully compensate the plaintiff for her injuries, so she filed a claim with her own insurance company, und...

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Court Finds Student Attending School in Another State Is Covered under Parents’ Florida Insurance Policy

Being involved in even a minor Florida car accident is a stressful experience, but when an accident victim suffers serious injury in an accident the stress can become overwhelming. initially the physical and emotional recovery consume an accident victim’s time and thoughts, but as the body and mind start to heal, financial worries creep into the picture. What sort of medical treatment is going to be needed in the future? How will it be paid for? Thankfully, Florida accident victims are able to pursue a claim for compensation against the at-fault party through that party’s insurance carrier. Although Florida law requires a base level of coverage, if the at-fault motorist does not have insurance coverage, then an accident victim will likely be able to file a claim with their own insurance policy under the uninsured motorist clause. Similarly, if an accident victim’s injuries amount t...

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Plaintiff’s Slip-and-Fall Accident in Doctor’s Examination Room Deemed Not To Be “Medical Malpractice” Lawsuit

Earlier this month, an appellate court issued a written opinion in a Florida premises liability lawsuit that arose after the plaintiff fell off an examination table in the defendant doctor’s office. The court was tasked with determining if the plaintiff’s lawsuit should be dismissed because she failed to comply with the applicable statute of limitations. Ultimately, the court concluded that the plaintiff’s lawsuit was not a “medical malpractice” lawsuit as defined by the statute and that her claim need not comply with the stricter statute of limitations for medical malpractice lawsuits. The Facts of the Case The plaintiff was seeing the defendant doctor so that he could remove a catheter. When the doctor came into the examination ro...

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