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Articles Posted in Personal Injury

While Florida is known as the sunshine state, it does experience inclement weather on occasion. Although it does not frequently rain in Florida, business owners nonetheless must take measures to protect their customers from slip and fall accidents caused by rain puddles within their premises, and if they do not, they may be held accountable. Recently, a Florida court discussed what a plaintiff injured in a slip and fall accident at a Florida business must prove to recover damages. If you were hurt in a fall, it is in your best interest to talk to a Florida premises liability lawyer regarding your rights.

The Plaintiff’s Fall

It is alleged that the plaintiff visited a post office owned and operated on a rainy day in May 2018. She entered the lobby, slipped, and fell. She suffered knee injuries in the fall. She subsequently filed a lawsuit against the defendant, arguing its negligence caused her fall and injuries. The case proceeded to a bench trial, during which the court heard testimony from the plaintiff and from the defendant’s employees regarding their inspection and maintenance process and their placement of wet floor signage on the day of the fall.

Proving Liability for Slip and Fall Accidents in Florida

The court ultimately found that the plaintiff met her burden of proof with regard to her negligence claim and awarded judgment in her favor. The court explained that under Florida law, to prove negligence, a plaintiff must show a duty of care imposed on the defendant, a breach of the duty, a causal link between the breach and the plaintiff’s injury, and actual losses sustained by the plaintiff. Continue reading

Flying is normally safe, although harsh landings, turbulence, and other elements encountered during a flight could potentially result in bodily injury. However, just because an individual is harmed while traveling by air does not mean they are entitled to compensation from the airline. Instead, they must prove the airline’s negligence proximately caused their injuries. If they neglect to provide such evidence, their claims could be discharged, as illustrated in a recent Florida case. If you suffered harm on an airplane, you might be entitled to damages, and it is advisable to speak with a Florida personal injury lawyer about your options.

The Injuries Sustained by the Plaintiff

Allegedly, the plaintiff sustained injuries while flying due to a bumpy landing. She claimed she suffered back injuries, including a fracture of her vertebra, as a result of the flight crew’s failure to supervise the plane’s approach speed and rate of descent, which resulted in a forceful landing. She then filed a lawsuit in federal court asserting negligence claims against the defendant. The defendant filed a motion asking the court to grant summary judgment, claiming that the plaintiff’s claims must be dismissed because she failed to show the defendant caused the plaintiff’s harm.

Proving Causation in Personal Injury Matters in Florida

The court agreed with the defendant’s assertions and ultimately granted the motion. Under Florida law, a plaintiff must establish that a defendant owed the plaintiff a duty to exercise reasonable care, that the defendant violated that duty, and that the violation proximately caused the plaintiff to incur damages, in order to sustain a claim for negligence. Florida employs a preponderance of the evidence standard for causation in negligence cases; in other words, a mere possibility of a causal link is insufficient to establish fault. In negligence cases, when the causative relationship between purported harm and the accident in question is not evident to the average person, expert medical testimony is frequently required. Continue reading

Retailers have a responsibility to offer a safe shopping environment for their customers, which includes correcting unsafe conditions. If a store fails to fulfill its responsibilities and a customer is damaged as a result, the injured party may be able to file a civil lawsuit seeking damages. Plaintiffs in personal injury cases must adhere to any applicable pleading rules, though, or their claims may be dismissed. This was demonstrated by a Florida court’s recent decision to dismiss the plaintiff’s lawsuit after determining that her complaint was a shotgun pleading. If you were injured in a retail store accident, you may be able to recover damages, and it’s a good idea to speak with a Florida personal injury lawyer about your options.

The History of the Case

The plaintiff allegedly tripped and fell in a puddle of water while she was shopping at the defendant’s retail establishment. She sustained serious bodily injuries and instituted a case against the defendant, asserting only one claim of negligence. The plaintiff then filed an amended complaint, alleging vicarious culpability and loss of consortium under the negligence count, after the defendant moved the case to federal court. The defendant subsequently moved to dismiss the amended complaint, claiming that it was a shotgun pleading with conclusory accusations.

Pleading Requirements in Personal Injury Cases in Florida

The court ultimately agreed with the defendant and dismissed the amended complaint without prejudice. The court clarified that a shotgun pleading is a pleading where the plaintiff fails to divide various causes of action into separate counts as required by the pleading standards set forth in the federal rules of civil procedure. In the subject case, the court noted that the modified complaint contained a single negligence claim, but the plaintiff nonetheless asserted numerous additional causes of action within that count. Continue reading

Parties will generally not be found liable for harm caused by the criminal or negligent acts of another individual. There are some exceptions, though, such as when a business owner knows or reasonably should know that a customer has dangerous propensities but fails to prevent them from harming other customers. Recently, a Florida court discussed what evidence a plaintiff seeking to recover damages from a business for injuries caused by another party’s harmful act must produce to demonstrate liability, in a matter in which it ruled in favor of the defendant. If you suffered losses due to someone else’s negligent acts, you might be owed damages, and you should confer with a skilled Florida personal injury attorney as soon as possible.

The Facts of the Case

Allegedly, a cruise ship owned by the defendant docked in the Bahamas. The plaintiff, a passenger on the ship, was walking down the gangway when a man in front of her charged and swung at a woman who was another passenger. The woman fell into the plaintiff, which caused that plaintiff to fall off the gangway. She struck her head on the pier on her way down and sustained a concussion and traumatic brain injury. She later developed debilitating migraines.

It is reported that the plaintiff then filed a personal injury lawsuit seeking damages from the defendant cruise ship operator. The plaintiff asserted that the man punched the woman in the head shortly before the incident, and a worker on a nearby cruise ship saw the incident and gestured to a worker on the defendant’s ship, and therefore the defendant was negligent for failing to prevent the man from harming anyone further. A bench trial was conducted, after which the court found in favor of the defendant. Continue reading

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