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...
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Establishing Liability in Florida Slip-and-Fall Cases
When someone slips and falls on the property of another party, they may be entitled to recover compensation for the injuries they sustained as a result of the fall through a South Florida premises liability lawsuit. In order to prove...
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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...
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Florida Residents Who Engage in Recreational Activities on Another Party’s Land May Do So at Their Own Risk (With a Few Notable Exceptions)
The Florida state government wants to encourage people to be active and to enjoy the beautiful Florida weather by rollerblading, skateboarding, mountain biking, or engaging in other recreational activities. However, the government seemed to notice that there were becoming fewer...
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Florida Children Exposed to Toxic Gas at Indoor Pool
Premises liability claims are lawsuits brought against a property owner who negligently fails to keep their property in a safe condition, violating a duty of care owed to the plaintiff. Premises liability describes a broad range of cases, extending from slip-and-fall accidents...
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Florida Court Discusses and Limits “Assumption of the Risk” Doctrine
Last month, Florida’s Fifth District Court of Appeals issued a written opinion in a premises liability case brought by a man who tripped and fell on an unsecured cord while rehearsing with a church band. The court had to determine if...
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Florida Appellate Court Determines Water Company May Be Liable for Condition of Pavement Surrounding In-Ground Valve
Earlier this month, a Florida appellate court issued a written opinion in a premises liability case brought by a woman who tripped on a water valve while walking on a public road. The appeal resulted from a lower court decision...
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Florida Appellate Court Reverses Lower Court’s Decision, Allowing Premises Liability Case To Proceed to Trial
The Second District Court of Appeals recently issued a written opinion in a premises liability case, reversing a lower court’s ruling that had dismissed the plaintiff’s lawsuit based on a lack of evidence that the defendant knew or should have...
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Florida Appellate Court Permits Plaintiff’s Slip-and-Fall Lawsuit to Proceed Despite Obviousness of the Hazard that Caused Plaintiff’s Fall
Earlier this month, a Florida appellate court issued a written opinion in a slip-and-fall case, reversing the lower court’s decision to grant the defendant’s motion for summary judgment. The case required the court determine if a plaintiff can still recover...
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Court Broadly Defines “Health Care Provider,” Subjecting Plaintiff’s Slip-and-Fall Case to Heightened Medical Malpractice Requirements
Earlier this month, a West Virginia appellate court issued a written opinion in a slip-and-fall case that occurred at a hospital. The issue the court had to decide was whether the plaintiff’s case was properly considered a medical malpractice case...
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