So many of the products we buy and use every day are manufactured outside the U.S. While these products must adhere to certain safety standards, sometimes they fall short, resulting in injury. Pursuing litigation against foreign companies can pose challenges, as the recent case of Book v. Voma Tire Corp.…
Florida is a welcome respite for visitors from around the world, and the widespread availability of watersports is a major draw. Unfortunately, those who offer excursions such as wakeboarding, parasailing or scuba diving sometimes put profits before people. That is what was alleged in a horrific July 2013 parasailing accident…
In some civil cases, there may exist a relevant police report. An example would be an accident report generated by a police officer following a crash. Whether that report will be allowed admission into evidence will likely depend on whether the report contains hearsay. What the court does not want…
Commercial truck accidents can result in major property damage and serious injuries to those involved. What often surprises many victims is the fact that because truck drivers are often independent contractors, it can be difficult to hold trucking companies – or insurers – liable for damages. In many cases, victims…
Prior to 2010, the burden of proof for plaintiffs in slip-and-fall lawsuits in Florida was much lower. One needed to prove only the plaintiff encountered a slippery foreign substance on the ground, fell as a result and suffered injury. However, the new statute placed a greater responsibility on the injured…
Florida’s 2nd District Court of Appeal reversed a $4.8 million judgment favoring the estate of a man who died as a result of injuries sustained in a horrific crash at a roadway construction site several years ago. In L.E. Myers Co. v. Young, the appellate court ruled summary judgment favoring…
The expectation consumers have when they purchase a product is it will work as stated when used as intended. In the legal world, this is called implied warranty of merchantability, and a breach resulting in injury can be grounds for a personal injury lawsuit. However, plaintiffs in these product liability…
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…
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…
The vitriol against bicyclists by motorists is such that even when they abide by the law, they still may be targets of harassment, road rage and, all too often, hit-and-runs. However, one South Florida man who commutes to work on his bicycle, didn’t expect to be ticketed by police while…