On July 1, 2023, a new law went into effect in Florida that could have a significant impact on helmetless motorcyclists. HB837, also known as the “Comparative Fault” bill, changes how personal injury lawsuits are handled in the state. Under the old law, Florida followed a system of pure comparative…
It’s generally advisable for car accident victims to avoid accepting an early settlement offer from the at-fault plaintiff’s insurer, particularly before it is reviewed by an experienced injury attorney. The reason is by so doing, you may be required to sign a release through which you agree not to pursue…
In the last decade, the Pew Research Center has closely analyzed the many ways Americans use social media to interact with others and seek information. Researchers discovered that in 2016, almost 8 out of 10 Americans who are online (which is most) use Facebook, 24 percent use Twitter and a…
If you have suffered a personal injury, you may be faced with a hospital lien on whatever damages you collect from the tortfeasor (wrongdoer). Hospital lien claims typically arise when you have received some emergency care after an auto accident or slip-and-fall and you lacked insurance to fully cover your…
Anytime you purchase property in Florida, an inspection by a licensed, certified home inspector is typically part of the process. F.S. 468 Part XV covers home inspector requirements. Home inspectors are called upon to closely examine the structure and property and identify potential material defects. But what if they miss…
It seems every other week, another mass shooting is in the headlines. No matter where you stand on the contentious gun control issue, pretty much everyone can agree these incidents are tragic. They leave families not only bereft, but often drowning financially. Those we lose are often people in their…
In a legal battle stemming from a barroom brawl in South Florida, the Florida Supreme Court marked a clear line between using the state’s “stand your ground” self-defense statute in criminal cases versus in civil trials. The court ruled that while state law does allow stand your ground immunity in…
Two recent Florida court cases have affirmed punitive damages awarded in product liability litigation. One of those involved a $12.3 million punitive damage award against a tobacco company in a smoking-related death (that was a decision by the 2nd District Court of Appeal) and another involves $22.5 million punitive damage…
There are three basic types of civil liability (legal responsibility) in Florida personal injury cases: Negligence Intentional Torts Strict Liability Intentional torts are those that involve actions like assault and battery – some kind of intentional action that caused physical harm to someone else. Strict liability most typically arises in…
When a personal injury occurs in the course of an activity the injured person knew was dangerous, the court may shoot down claims of liability, citing the assumption of risk doctrine. However, Florida courts (specifically within the 1983 ruling of Kuehner v. Green) have historically limited successful use of the…