In a recent Florida wrongful death case, the Florida Supreme Court reversed an intermediate appellate court’s decision that placed a limit on the amount of damages that a person could obtain through a wrongful death lawsuit. The Facts The specific facts of the case are less important than its holding.…
Earlier this month, a Florida appellate court issued a written opinion in a personal injury case brought against a woman who developed lung cancer and chronic obstructive pulmonary disease (COPD). The Florida personal injury lawsuit was filed against the manufacturer of the cigarettes to which the woman claimed she became…
Although we expect all products to be “safe,” there are certain products for which our expectation of safety is heightened. Indeed, given the vulnerability of children, products intended for use by juveniles are expected to be designed in a manner that accounts for both youthful impetuousness and relative physical fragility. Nevertheless, not all…
Many South Floridians understand that pools come with risks. Indeed, pool owners are very aware of the dangers associated with falls and drowning. Notwithstanding the importance of these commonplace risks, the pool-related injury at issue in a recent product liability decision from Florida’s Third District Court of Appeal, Dominguez v. Hayward…
It is common knowledge that the manufacturer of a product may be held liable for injuries arising from that product’s faulty design or construction. However, many are unaware the manufacturer may, in certain circumstances, be held liable for certain risks its product poses, even if the risks fall short of being…
Even when performed safely, surgery presents a variety of different risks for a patient. However, not typically among the variety of different risks one considers prior to surgery is the possibility that medical equipment to be implanted is defective. Despite not falling within the ambit of typically considered risks, medical…
As the Fourth District Court of Appeal’s opinion in Marina Dodge, Inc. v. Quinn demonstrates, sometimes the hardest part of a lawsuit is getting the opposing party in court. In Quinn, the Court of Appeals found that the courts of Florida could not exercise personal jurisdiction over two New York…