A defendant amusement park missed the deadline to seek compensation from the school of an 11-year-old girl killed in accident at the park, but it can still try to prove the school was partially negligent in a pending trial brought by the girl’s parents. That’s according to a recent ruling…
Florida Injury Lawyer Blog
GEICO Liable to Cover Wrongful Death Damages After Insured Absconded, 3rd DCA Rules
A recent decision by Florida’s Third District Court of Appeals upholds the liability of auto insurance company GEICO in covering damages awarded to plaintiffs who won a $15 million verdict against GEICO’s insured. The case is a tragic and complicated one, and despite the commonality of Florida auto accident claims,…
Overcoming Assumption of Risk in Florida Personal Injury Lawsuits
When a personal injury occurs in the course of an activity the injured person knew was dangerous, the court may shoot down claims of liability, citing the assumption of risk doctrine. However, Florida courts (specifically within the 1983 ruling of Kuehner v. Green) have historically limited successful use of the…
Negligence Alleged in Florida Boating Accident That Killed Two Teens
Florida is a boater’s paradise, but it quickly became a nightmare for the parents of two teen boys who disappeared off the coast of Jupiter in the midst of a fierce Atlantic storm. The 19-foot boat they took was recovered months later, empty. The boys have never been found. Now,…
Florida Slip-and-Fall Injury Claimant Seeks $15,000 in Damages
A woman in Tarpon Springs has filed a personal injury lawsuit seeking at least $15,000 in damages for injuries suffered in an alleged slip-and-fall accident. The incident occurred in a Wal-Mart store, which has been no stranger to such claims, given that it gets an estimated 138 million visitors every…
Pedestrian Accident Lawsuit Requires Showing Negligence by Preponderance of Evidence
Florida is one of the worst places in the country to be a pedestrian. Data released earlier this year from the National Highway Traffic Safety Administration (NHTSA) shows that of the 5,400 fatal pedestrian accidents nationally in 2015, there were 628 that happened in Florida. To put this in context,…
Florida Jury Awards Plaintiff $5 Million for Ladder Injury
The potential for falls and serious injuries on ladders is a very real one, as more than 20,000 people are injured and nearly 135 die annually in the U.S. due to ladder falls just in the workplace. Although construction workers are the most at risk for obvious reasons, they aren’t…
Fort Myers Car Accidents: Damages Exceed PIP Coverage
Florida law establishes strict requirements for auto insurance, including requiring all drivers to carry a type of coverage called personal injury protection, or PIP. Per F.S. 627.736, this PIP coverage provides up to $10,000 in medical and disability benefits and $5,000 in death benefits resulting from bodily injury, sickness disease…
Venus Williams’ Florida Car Accident: The Tricky Business of Determining Fault
Initial investigation of a fatal South Florida car accident involving tennis star Venus Williams resulted in law enforcement’s conclusion that Williams was at-fault. However, new video evidence – specifically, surveillance footage obtained form a nearby community just south of the Palm Beach Gardens intersection where the crash occurred – led…
Court Affirms $11M Defective Vehicle Verdict
An $11 million verdict stemming from a claim of a defective vehicle resulting in a fatal crash was affirmed by the U.S. Court of Appeals for the Eighth Circuit. Among the plaintiffs were family members of decedents, as well as one of the drivers, who was originally convicted of vehicular…