A Naples man has filed a product liability lawsuit against the manufacturer of an electronic cigarette (or e-cigarette), which he said he was using normally when it literally exploded in his face. His eyebrows were burned off and flames were sent shooting into his mouth, quickly burning his throat and…
Lee Memorial Health System is the No. 1 employer in Lee County, with 9,500 workers in four different hospitals. Most of the injury lawsuits it faces are going to be: Workers’ compensation claims; Medical malpractice injuries. There are differing proof burdens for each, and the level of evidence needed in…
Homeowners’ insurance is intended to provide compensation to those injured by members of the household. Usually, this coverage extends to incidents that occur in the home, on the property and sometimes out on the street (though incidents involving motor vehicles are generally excluded). However, almost all homeowners’ insurance policies have…
A woman was traveling less than a mile from her home to her son’s daycare in Arkansas when her vehicle hit a patch of black ice near an intersection. She careened into a nearby pond, and immediately called 911. Frantic as she and her 5-year-old sunk deeper into the icy…
In workers’ compensation law, the exclusive remedy provision makes it clear that employers can’t be held liable in civil court for damages related to work injuries in most cases where they carry workers’ compensation insurance. Proving fault isn’t necessary in workers’ comp cases, and it’s supposed to be a trade-off:…
In personal injury cases, it’s essential to prove defendant owed a duty to plaintiff, that duty was breached and the breach caused the injury. What many plaintiffs don’t realize is that they too owe a duty of care – to themselves. They have to take reasonable measures to protect themselves…
Recently in central Florida, two certified nursing assistants were fired and arrested on charges of battery on an elderly person after footage from a hidden camera appears to show them striking an elderly Alzheimer’s patient in their care. The 76-year-old victim’s son said he and his wife noticed the bruising…
It was her 8-year-old nephew’s birthday party, and he was thrilled to see her. The boy raced up excitedly to his aunt and tackled her, causing her to catch him as he jumped into her arms and she fell over. The result was a fracture of her left wrist. Now,…
Liability waivers are not generally favored by Florida courts because they relieve one party of the obligation to use due care, and further shift the risk of injury to the party likely least equipped to take necessary precautions to avoid injury. For this reason, they are usually strictly construed against…
When a tornado struck at an air show in Polk County four years ago, a worker took shelter inside a security guard shack. But that shack did not provide the protection she’d hoped. It was instead lifted off the ground, overturned and tossed into a nearby ditch by the powerful…