Generally speaking, our laws don’t allow one party to be held liable for the wrongdoing of another. However, when it comes to premises liability – in particular, negligent security – there are numerous examples of property owners held liable for criminal acts committed on site. In negligent security claims, the…
Articles Posted in personal injury
Florida Supreme Court Strengthens Liability Waiver Defense
The Florida Supreme Court recently ruled in favor of the decision by the 5th District Court of Appeals to uphold the validity of a release of liability waiver signed by a plaintiff who was later injured. In so doing, the state high court cast aside the rulings of the four…
Star Indemnity v. Morris – Boating Injury Prompts Nonjoinder Insurance Dispute
The Florida Fish & Wildlife Conservation Commission reports an average of 420 boating injuries every year in Florida, ranging from cuts and bruises to broken bones and serious head, neck and spinal injuries. While many news reports focus on injuries suffered by individuals who fall or are tossed overboard, those…
Holiday Shopping May Give Rise to Premises Liability Claims
While it’s true an increasing number of people are carrying out their holiday shopping online, there are still scores of people who venture out to the brick-and-motor stores to purchase their goods. On Black Friday 2014, retailers reported holiday shopping at physical stores topped $50.9 billion. That was down about…
Courts Deal Harshly With Evidence Spoliation in Injury Cases
There is an old saying: “the truth speaks for itself.” In a court of law, that isn’t exactly the way it works. The truth matters, of course. But what matters equally is what can be proven. For personal injury victims, this means you must have two things: An attorney who…
Colombo v. BRP US, Inc. – Boat Injury Verdict Upheld
Water recreation is one of the primary draws for Florida vacationers. However, there is a lot that can go wrong when it comes to motorized watercraft. Consumers trust that when they get on a boat or jet ski, the machine will work as intended and will not be unreasonably unsafe…
Child Hotel Injury Lawsuit Will Proceed to Trial
A five-year-old child vacationing with his family suffers a serious fall from a hotel window, causing him to incur critical, debilitating injuries, including brain trauma. Who is responsible? A California appellate court recently granted the family the right to present a case at trial that the hotel was responsible for…
Curtis v. Lemna – Golf Injury Work-Related, Co-Worker Lawsuit Barred
A state supreme court decision in Arkansas underscores a fact that injured workers in many states come to find out: Injury lawsuits against co-workers are generally barred unless there is some evidence the action was intentional or outside the scope of employment. That means the primary question is whether the…
Major v. City of Hartville – Constructive Notice in Premises Liability Lawsuit
In order to sue a business or municipality for failing to address a trip-and-fall hazard, a plaintiff must first show defendant knew or should have known about the danger. If there is proof the defendant knew, that’s called “actual knowledge.” When the evidence shows instead the defendant should have known…
Child School Injuries a Concern as Classes Resume
A Florida mother has filed a lawsuit against her daughter’s former charter school as well as the maker of an inflatable “Sumo wrestling” suit, alleging that a “Spirit Day” activity went horribly wrong when the school failed to make sure the girl’s helmet fit properly, and the manufacturer failed to…