Personal Injury Litigation

Who is Responsible for a Slip and Fall?

If you slip and fall on an object that is in plain sight, is it still your fault? Who is responsible for a slip and fall in the state of Florida? The court case Brookie vs. Winn Dixie, which took place in April 2017, explored this issue. The conclusion was that if there is an obstacle that is in plain sight, and you slip and fall on it, you are responsible, not the business owner. Read on for more details on this case and to learn about the justification of who is responsible for a slip and fall.   Brookie vs. Winn Dixie Background The plaintiff was visiting a

Rear-End Accidents in Florida Carry a Presumption of Negligence That Can Be Rebutted

OCTOBER 16, 2016: As a car accident lawyer, the most common type of vehicle impact is a rear-end collision.  In those situations, liability is typically admitted by the insurance company or attorney for the driver.  Once liability is no longer at issue, the only matter to be resolved by both parties is that of damages.  As many personal injury attorneys know, liability in rear-end accidents is admitted due to the rebuttable presumption of negligence that exists in Florida. The 4th District Court of Appeal for Florida (“4th DCA”) recently heard oral arguments following a dismissal of a car accident case in Circuit

Orlando Shooting Could Raise Concerns for Club Pulse

JUNE 14, 2016: As a personal injury lawyer that helps victims hurt in shootings, the issue of negligent security is always a concern that must be addressed.  Without question, the shooter is clearly responsible for the damages, but apportionment of liability sometimes falls on the proprietor of the premises where the incident occurred.  For example, the shooting that occurred at the Orlando nightclub, Pulse, raises questions as to the legitimacy of the security measures employed by the club. For Plaintiff lawyers representing those injured in shootings, a major challenge is proving foreseeability.  Specifically, it must be established that the act that occurred

Car Accident Victim’s Verdict Challenged in Florida’s First District Court of Appeal

MAY 16, 2016: For Miami Personal Injury Trial Attorneys, causation experts for car accident cases are of the utmost importance for proving damages for hurt clients.  Even in the simplest of cases involving a rear-end car accident, the defendant will typically argue that the injuries sustained are degenerative and not related to the crash.  In some situations, a treating physician is suitable to testify as to causation, but sometimes an independent expert must be retained to provide scientific testimony supporting the claim. In Florida, challenging the credentials and admissibility of an expert’s opinion is commonly referred to as a “Daubert Challenge.”  Earlier

Understanding Prior Crimes in an Area Can Help a Notice Argument in Negligence Cases

OCTOBER 4, 2015: For accident and injury lawyers helping those in Miami and the rest of South Florida, the ability to gather evidence prior to a lawsuit is of the utmost importance.  Depending upon the type of case, the nature of the investigation differs drastically.  Car accident cases certainly involve different needs than a typical slip and fall case.  Similarly, maritime cases involving cruise ships entail different elements than that of a negligent security case. Being an attorney that helps those hurt in negligence accidents, evidence gathered before filing a lawsuit is a top priority.  Specifically, for negligence cases, including negligent security,