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Articles Posted in Civil Law

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When is Maternal Death or Miscarriage Medical Malpractice?

Pregnancy and childbirth can be a time of intense joy and anticipation for families. It can also be a time of great apprehension given the risks. Just because something goes wrong in pregnancy or childbirth doesn’t automatically mean there’s a basis for a Florida medical malpractice lawsuit. However, there are…

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What it Takes to Prevail in a Florida Bad Faith Property Insurance Claim

If you are a resident or property owner in Southwest Florida (particularly in Lee County, Collier County, and Charlotte County), odds are fair that you’re dealing with some type of insurance claim due to destruction caused by Hurricane Ian. Although insurance companies can be frustrating to work with even under…

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Filing a Florida Business Interruption Insurance Claim After Hurricane Ian

The number of Florida insurance claims filed after Hurricane Ian is steadily rising, with the Florida Office of Insurance Regulation estimating there have so far been nearly 450,000 claims, more than 12,300 of those being commercial property claims. Those figures are likely to climb. Insured losses for wind damage are…

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How Do I Negotiate With an Insurer After Fort Myers Property Damage?

Many in our Southwest Florida community who sustained Fort Myers property damage during Hurricane Ian are wondering where to even begin when it comes to filing insurance claims. Roofs were blown off. Lanais are no more. Vehicles were flooded. Homes were flooded if not entirely swept away. Industry analysts are…

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Can I Sue for a Florida Construction Accident Injury?

As far as workplaces go, construction sites are among the most precarious. The U.S. Bureau of Labor Statistics reports that of the more than 300 workers who died on-the-job in Florida in a single recent year, the private construction industry had the highest number, accounting for 91 percent of those.…

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Florida Premises Liability Case: Treat Shop Should Anticipate Tripping Hazard

In any Florida premises liability case, the question of whether the defendant is responsible for the harm someone else suffered on their property often depends heavily on the unique circumstances of the case. Sometimes, that circumstance is a giant ice cream cone. See: Greene v. Twistee Treat USA et al.,…

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Does Florida Have a “Wet Floor Sign Law”?

Wet walking surfaces are a top cause of slip-and-fall injuries in Florida. But are businesses required to post a “wet floor” sign to warn you? A wet floor sign may indeed play a big role in the strength of your case, but the simple answer to the question about whether…

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Florida Slip-and-Fall On-the-Job: Beyond Workers’ Compensation

Whether you are a construction worker, nurse, or teacher, if you are injured on-the-job in a Florida slip-and-fall, workers’ compensation may be your sole source of financial recovery. Workers’ compensation is considered the exclusive remedy for most work-related injuries in Florida, meaning it is the only recourse one has against…

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Slip-and-Fall Injury Verdict Upheld After Court Finds Store Had Sufficient Notice of Hazard

To prevail in a Florida slip-and-fall injury lawsuit, plaintiffs need to prove the business establishment had either actual or constructive notice of the hazardous condition, as outlined in F.S. 768.0755. Similar rules exist in other states, such as Wisconsin, where the state supreme court recently held there was sufficient evidence…

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Proving Constructive Knowledge in a Florida Slip-and-Fall Lawsuit

Guests who are injured on someone else’s property may have the option of filing a claim to be compensated for injuries by the property owner. These are a type of premises liability claims, and one example is if a patron at a grocery store is injured in a slip-and-fall accident…

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