Property owners in Florida are expected to maintain their site in a condition that is safe for patrons, guests, and residents. However, in premises liability cases where an injured person knew or should have known the potential for danger, property owners often raise something called the “assumption of risk defense.”…
The notion of the “ideal” body shape is ever-changing, and in Florida, plastic surgeons are in high demand. However, it appears the lure of steep profit margins has led some physicians who are not uniquely qualified, experienced or careful to offer complex medical procedures at rock-bottom prices – often with…
Federal job site safety regulators declined to fine an Orlando water park after closing an investigation into a series of electric shocks sustained by guests and workers earlier this year, but personal injury lawsuits could still be filed if any guests were hurt. Five lifeguards were reportedly hospitalized and several…
The Florida Second District Court of Appear recently urged the Florida Supreme Court to revisit the question of whether a largely debunked “insurance crisis” still justifies limiting – or altogether prohibiting – damages to survivors in some medical malpractice wrongful death cases. As we will further detail in our post,…
UPDATE: Since this writing, the Florida Supreme Court has done an about-face, deciding the more rigorous Daubert analysis will in fact be the new evidentiary standard in Florida cases, both civil and criminal. This will mean the bar to bring – and prevail – in Florida injury lawsuits is raised.…
The State of Florida can now be liable for up to $200,000 per person and $300,000 per tort claim, effective Oct. 1, 2011. That’s up from the $100,000 and $200,000 caps that had been in existence for lawsuits against the state, its agencies or political subdivisions. While the increase is…
2012 could be historic for injured patients if the Florida Supreme Court follows the lead of Georgia, Illinois, and other states who have declared caps on damages in medical malpractice cases to be unconstitutional. The courts have reasoned that limitations on damages violate an individual’s access to the courts, treat…
The United States House of Representatives yesterday (10/7/09) took action that will hopefully lead to the end of discriminatory treatment of soldiers injured by medical malpractice. Since the Feres decision by the United States Supreme Court in 1950, soldiers have not been able to bring actions for medical malpractice against the government;…
Back in June of 2007 attorney Jeff Garvin of Fort Myers and Wilton Strickland of Fort Lauderdale successfully argued that medical malpractice was committed when a Broward County otolaryngologist (ENT) failed to diagnose tongue cancer. A Broward County Jury awarded the Garvin Injury Law client $6.4 Million Dollars after hearing…
In Federal Judge rules that a City of Detroit Employee can proceed with her lawsuit which alleges that her co-worker’s perfume made it difficult for her to breathe and impossible to do her job. U.S. District Judge Lawrence P. Zatkoff found that the employee’s case could proceed under the Americans…