In addition to determining fault, juries are often tasked with the responsibility of setting damages, the amount an injured party may recover from a liable party. Obviously, most jury members are not experts who are perfectly capable of setting a damages amount with mathematical certainty, and even though expert testimony is often…
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…
Florida’s Workers’ Compensation Law extends immunity to contractors and subcontractors. As is to be expected, however, in order for such immunity to bar suit in a particular case, the company must fall within the applicable definition of “contractor.” Indeed, many companies may be in relationships that analogize to contract relationships…
In certain legal areas in which expert testimony is of importance for determining liability, litigators will often form relationships with particular experts who provide testimony in their cases. However, a familiarity between experts and attorneys can raise issues regarding the propriety of the testimony provided. Indeed, many may question whether…
In a recent decision, Saunders v. Dickens, 151 So. 3d 434 (Fla. 2014), the Supreme Court of Florida ruled that in a medical negligence action, “a physician cannot insulate himself . . . from liability . . . by presenting a subsequent treating physician who testifies that adequate care by…
Although we associate expert testimony with complex cases involving medicine or large explosions, expert testimony can be important in virtually any type of case, as long as the testimony will provide a jury with useful information that they may not possibly understand in the absence of expert guidance. For instance, expert testimony is…
Given the different procedural and substantive rules that apply in medical negligence cases, distinguishing medical negligence from ordinary negligence is a fundamental issue in cases that possibly implicate medical negligence. Indeed, many attorneys are aware of the far more arduous standards that apply to medical negligence, and they will often try…
Cruises are intended to be memorable and fun. However, a frolic on the sea is not free of risk. Indeed, the facts of a recent decision from the United States District Court for the Southern District of Florida, Pettit v. Carnival Corp., show that sea voyages are not without potential…
It’s often difficult for a driver who rear-ends another vehicle to avoid some form of liability. Indeed, although many other types of car accidents can occasion genuine discussion about apportioning fault between parties or determining whether a particular driver was in fact negligent, accidents involving one car rear-ending another almost…
In light of Florida’s large elderly population, it’s not surprising that the Florida legislature has specifically passed legislation providing specific rights to those who reside in nursing homes. See §§ 400.022-.023, Fla. Stat. (2010). However, among the many rights encompassed in these provisions is not one assuring that these rights must…