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Articles Posted in Negligence

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Supreme Court of Florida Reverses in Pinecrest Personal Injury Case

A night at the bar with friends does not typically end with someone wielding a tomahawk, but as you will see below, the facts of the Supreme Court of Florida’s decision in Dorsey v. Reider are not like those of a typical personal injury case. In Dorsey, the plaintiff was…

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Workplace Fatalities on the Rise in Broward County

In a recent article, the Sun Sentinel examined the sudden rise in the number of workplace fatalities in Broward County, Florida. Although the post-recession rejuvenation of South Florida’s construction market is welcome news economically, increased demand for construction work has, according to sources in the story, led to the hiring…

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Federal Court Dismisses Several Counts in Personal Injury Case Following Cruise Ship Accident

As the home of two of America’s three busiest cruise ship ports and the headquarters of numerous cruise companies, the South Florida metropolitan area hosts a considerable amount of litigation involving personal injury at sea. A common surprise to many litigants, however, is that Florida law does not apply in…

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Florida Court Holds that Parents Not Liable for Adult Son’s Assault on Relatives

In the aftermath of tragedy, it is a natural reaction to assign blame to others, whether attribution is justified or not. This impulse is at the heart of the Fourth District Court of Appeals’ recent decision in Knight v. Merhige, in which the court held that the parents of a man…

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Palm Beach Teen Takes the Stand in Medical Malpractice Case

Seventeen years after his mother was involuntarily administered laxatives by medical professionals acting at the behest of federal agents, Jordan Taylor took the stand in a Miami-Dade County Courthouse on Monday to discuss the circumstances of his life that could be linked to that regrettable event. On February 14, 1997, Taylor’s…

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Davie Police Identify Men Involved in Possible Wrong-Way Driving Accident

On Wednesday, June 18, 2014, police identified the two men who were injured on Tuesday in a possible wrong-way motor vehicle accident on a stretch of State Road 84 in Davie. Dale Engle, the Davie Police Captain, identified the man reported to have been driving west in the eastbound lanes…

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Conceding Liability: A Good Strategy?

Typically, the thought of conceding liability in a negligence suit runs counter to conventional legal strategy. In fact, attorneys often spend considerable time trying to counteract even banal admissions that occur prior to formal litigation that could be construed as declarations of liability. However, a recent case coming from Florida’s…

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Garcia v. Target: When Does a Business have Knowledge of a Dangerous Condition?

In 2010, the Florida Legislature made sweeping changes to Florida law regarding slip and fall liability for business owners. In that year, the legislature enacted § 768.0755 of the Florida Statutes, which formally requires that a plaintiff in a “slip and fall” case prove that the business where he or she…

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Florida Senate and House of Representatives Pass the Aaron Cohen Life Protection Act

On Tuesday, April 22, the Florida House of Representatives unanimously voted in favor of enacting the Aaron Cohen Life Protection Act, legislation that stiffens penalties for hit-and-run drivers. This follows the March 26 unanimous vote of the Florida Senate in favor of the Act, which will now go to the…

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Fourth District Court of Appeal Certifies Conflict with Third District Regarding “Slip and Fall” Liability to Supreme Court of Florida

Although many would believe, given the frequency of “slip and fall” accidents, that the law in the area should be well settled, Florida law regarding business owners’ “slip and fall” liability has been in considerable flux for the past decade. On February 26, the Fourth District Court of Appeals injected further confusion…

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