Florida case law has long held that the proprietor of a business must use reasonable care in maintaining the property. The owner or manager must learn the actual condition of the premises and then either make the area safe or warn of any dangerous conditions. If a condition is obvious, or one that can be readily perceived through the ordinary use of the senses, the proprietor is relieved of the duty ... [Read More]

In personal injury actions, the idea of being “heard” by the court system can be overlooked and taken for granted. Before settlements and judgments can be reached, all of the parties must be notified of the action and given an opportunity to articulate their position before a judge and possibly a jury. In Duarte v. Snap-On, Inc. (2D15-1952), the Second District Court of Appeal addressed whether or not the trial court ... [Read More]

Following an accident, the idea of receiving financial compensation for the injuries and expenses sustained seems very distant and very difficult to achieve. When an injured party finally receives damages through a settlement or verdict, she or he may not realize that additional considerations must be made. If the recipient of medical care was covered by Medicaid, any judgment, award, or settlement received would be subject to Section 409.910(6)(c) of ... [Read More]

During any personal injury trial, each party can request a directed verdict in their respective favor after the completion of the presentation of evidence. The moving party asserts that no reasonable jury could reach a different conclusion based on the evidence presented. A directed verdict was the focus of a recent First District Court of Appeal decision, Haney v. Sloan (Case No. 1D15-3905). This case originated from a car accident. The injured party ... [Read More]

In any personal injury lawsuit, several actors can be liable for the injuries suffered by one person. Each defendant can potentially be liable under differing legal theories in separate jurisdictions. In Gables v. Doctors Same Day Surgery Center (Case No. 2D15-2495), the Second District Court of Appeal looked at whether or not the medical center performing the procedure at issue destroyed would-be evidence, preventing the injured patient from successfully pursuing legal ... [Read More]

In a personal injury case, it is not always straightforward who is responsible for damages to the insured. In a recent case (Case No. 1D16-0807), the First District Court of Appeal reviewed whether or not an estate could be vicariously liable to injured parties after a car accident. The daughter of the deceased was driving her father’s car at the time of the accident. The father died a month before, but ... [Read More]

Personal Injury Protection (PIP) benefits are designed to help people injured in a car accident receive prompt payments. Section 627.736 of the Florida Statutes addresses which types of medical services are paid using PIP, and it grants insurance companies the right to request information related to payment to help ensure costs are reasonable and not inflated.  A recent Florida Supreme Court case (No. SC15-1257) addresses the extent of permissible discovery under section 627.736(6)(c), Florida ... [Read More]

In most Florida car accident cases, courts look at the insurance policy and apply contract law to determine whether or not an insured has a claim to a benefit within the plan. In rare circumstances, injured parties have been able to claim they have insurance coverage by estoppel. This only occurs if the insurance company made a representation of material fact, the injured party reasonably relied on this representation, and the ... [Read More]

Personal injury litigation presents challenges at every turn. After a lawsuit is filed, parties often submit motions before trials are scheduled, seeking various types of relief from default judgment to dismissal. In a recent case (No. 2D15-0834), the Third District Court of Appeal reviewed a summary judgment for the defendants in a slip and fall lawsuit. The court agreed with the defendants that there was no genuine issue of material fact ... [Read More]

Under section 766.102(3)(b) Florida Statutes (2011), any foreign body, such as a sponge, clamp, forceps, surgical needle, or other paraphernalia commonly used in surgical, examination, or diagnostic procedures, is prima facie evidence of negligence by the medical health care provider. Typically, in any type of personal injury lawsuit, the injured person must show that the preponderance of the evidence shows the at-fault party is liable for the injury. In a ... [Read More]