Florida’s sun-kissed beaches, resorts, and theme parks are world-renowned – which is why Broward County alone drew 118 million visitors in a single recent year. Tourism is the state’s No. 1 industry, and our restaurants, hotels, and other businesses profit handsomely from it. But with this comes responsibility to take…
Articles Posted in personal injury
SCOTUS Hears Florida Personal Injury-Medicaid Reimbursement Dispute
The U.S. Supreme Court is considering a question that concerns Florida personal injury plaintiffs. Specifically, should the state’s Medicaid program be allowed to seek reimbursement for past medical care by siphoning personal injury lawsuit settlement funds that are expressly dedicated to future medical expenses? As our Fort Lauderdale personal injury…
Boat Dock Injury at Florida Condo Raises Joint Liability Questions
A woman who suffered a serious injury fall from a boat dock at a Florida beach club condominium had already won her premises liability lawsuit against the condo owners, the boat dock repair company and the condominium complex. But the case was again recently before Florida’s Third District Court of…
Florida Hotel Injuries May be Compensable if Preventable
Tourism is one of the biggest industries in Florida, with more than 128 million visitors flocking to the Sunshine State last year. A sizable number of those opt to stay in one of the state’s 423,000 hotel rooms. Like any other property owner, hotels, motels and resorts owe a duty…
Florida Injury Lawsuits are Now Much Tougher With Daubert Standard
The Florida Supreme Court just raised the bar on allowable scientific evidence with its nixing of the longstanding Frye test in favor of the more rigid Daubert, the latter followed by federal courts as well as those in most other states. This will mean additional hurdles, expense and time delays…
Florida Cruise Zipline Excursion Ends in Injury, Death
Following several tourist injuries and at least one death, a Bahamian-headquartered cruise line docking in the Port of Miami is being sued by multiple plaintiffs who say they encountered an unreasonable risk of danger at an on-shore zip line excursion in Honduras. As with many excursions advertised by large cruise…
GOP Tort Reform Bills Targets Medical Malpractice Lawsuits, Injury Claims
Proponents of tort reform are seizing on their opportunity with a GOP-controlled Congress to push forward with a series of measures that would make it harder to win medical malpractice and personal injury lawsuits, as well as to obtain just compensation. As The New York Times reported, one of those…
Florida Trip-and-Fall Injury Lawsuit Falters on Open and Obvious Defense
All businesses that welcome the public have a legal responsibility to discover any condition on site that may be dangerous, and to either promptly address that hazard or warn invitees of it. However, as noted in the 1952 Florida Supreme Court case of Earley v. Morrison Cafeteria Co. of Orlando,…
Pursuing Third Party Liability After Construction Accident
When a worker is injured in a Fort Lauderdale construction accident, there are a number of possible avenues of compensation. The first, of course, is workers’ compensation, which is a no-fault insurance benefit afforded to almost all employees in Florida. Exclusive remedy provisions of the state’s workers’ compensation law hold that this…
Anderson v. Hilton Hotels Corp. – Florida Supreme Court Weighs Right to Attorney Fees for Injury Plaintiff
A man who successfully sued a hotel chain and several other defendants for third-party liability stemming from a criminal attack at a hotel has now won another victory for attorney’s fees before the Florida Supreme Court. At issue was F.S. 768.79 and whether a trio of defendants – named as…