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…
Although it’s common knowledge among Florida’s medical malpractice practitioners that state law requires a complaint for medical negligence to be accompanied by an expert affidavit, it is not uncommon for some to not realize that simply having the affidavit is not necessarily sufficient to comply with the requirements of the law.…
In a recent decision, Mathis v. Sacred Heart Health Sys., Inc., Florida’s First District Court of Appeal reminded the lower courts that there are indeed limits to workers’ compensation immunity. Indeed, in a brief decision, the First District reversed a trial court order granting summary judgment in favor of a…
In a recent decision from Florida’s Fifth District Court of Appeal, Manfre v. Shinkle, the court examined whether a jury correctly found that the defendant, a local sheriff, was liable for injuries arising from a motor vehicle accident. Although the accident at issue occurred at night on an unlit, rural…
It’s a subject we have mentioned on several occasions, but it’s one that bears repeating. Even a single error can be damaging to a case, or lead to wasteful and duplicative effort for all involved. Indeed, as the defendants in a recent case before Florida’s Second District Court of Appeal,…
Although the end of a trial often means finality, seasoned litigators understand that, at least in some cases, it may simply be a precursor to protracted appellate battles. Indeed, a favorable ruling for a plaintiff is often not secure, for dissatisfied defendants will often take the case to an appellate…
Under Florida law, a plaintiff has two years to bring a suit for negligence. See Fla. Stat. § 95.11. Although the waters surrounding our state play host to a number of accidents, many potential litigants are surprised to learn that the Florida legal rules, including the aforementioned statute of limitations, are…
Under the common law, collateral source evidence was generally inadmissible for both determinations of liability and damages. Finding that this rule promoted double recovery in certain instances, the Florida legislature abrogated this rule in the 1980s and adopted the current set-off rule, which requires a trial court, with certain exceptions,…
In a recent decision, Peterson v. Flare Fittings, Inc., Florida’s Fifth District Court of Appeal examined the liability of various parties for an injury that occurred at a paintball tournament. Although the plaintiff in this case was a competitor in the competition, the injury at issue had nothing to do with…
Following the filing of a complaint, litigants spend a considerable amount of time engaged in discovery, the stage of litigation during which the parties exchange information that will likely be relevant for the development and adjudication of the case. Although both state and federal discovery rules are quite broad, disputes…