The Eleventh Circuit Court of Appeals, the same circuit that oversees federal appeals in Florida, recently grappled with the question of whether homicide by firearm was in fact an “accident” covered under an employer auto insurance policy. On the surface, it sounds absurd. However, it was a question with which…
Florida Injury Lawyer Blog
Hillstone v. P.F. Chang’s – Slip-and-Fall Case Delves Into Commercial Lease Law
One of the reasons it’s so important to hire a Fort Myers injury lawyer with experience is because quite often, elements of the case will meander into other facets of law, such as employment law or business law. The outcome of the injury case could hinge on the plaintiff lawyer’s…
Williams v. GEICO – Auto Insurer Step-Down Provision Struck Down
Another state supreme court has struck down the so-called “family step-down provision” so prevalent in auto insurance contracts across the country. Unfortunately, that state supreme court that took this step wasn’t ours, but South Carolina’s. Still, the recent ruling in Williams v. GEICO sets an important precedent that our Lehigh…
Study: More Florida Auto Injury Claimants Hiring Lawyers
A recent report by the Insurance Research Council indicates a marked increase in the number of people seeking legal assistance in filing an auto injury claim. Our Cape Coral car accident attorneys understand the percentage of personal injury protection claimants in auto accidents represented by a lawyer increased to 36…
Henkle v. Norman – Homeowner Duty to Warn of Dangerous Condition
Just like commercial property owners, private property owners owe a duty to those on their property to address potentially dangerous conditions or, alternatively, to warn of them. The degree of that duty depends largely upon the status of the person on the property – whether an invitee or trespasser. Liability…
Documentary Details Evolution of Tort Reform
There is a perception problem that exists for victims of personal injury. Too often, they are accused of exaggerating, malingering, being greedy or blaming others for their own faults. What is less obvious is the fact that this widespread perception is not by mistake. It’s the result of more than…
Stratton v. Wallace – Vehicle Lessor Not Shielded Under Graves Amendment
Prior to implementation of the federal “Graves Amendment” in 2004, Florida was one of 17 states that had full or limited vicarious liability for vehicle owners in crash cases. Our Cape Coral car accident lawyers know this included all vehicle owners, including companies that routinely leased vehicle to the public…
More Road Travel in Florida Expected This Labor Day
This Labor Day is expected to be the busiest on our nation’s roadways in six years, with the recession easing and gas prices lowered. But, according to AAA projections, it’s also likely to be one of the deadliest holidays in recent years as well. As our Fort Myers car accident…
Carman v. Tinkes – Traffic Law Violation Doesn’t Automate Fault
In auto accident litigation, our Lehigh Acres injury lawyers know it can be helpful to the plaintiff’s case if it can be shown the defendant driver was engaged in some violation of traffic law at the time of the crash. However, as the recent case of Estate of Edmund M.…
Gregory v. Cott – Alzheimer Patient Aggression and Injuries
Caregivers of people suffering from Alzheimer’s disease and other forms of dementia are familiar with the fact that, at times, feelings of frustration and confusion may cause the sufferer to lash out in physical aggression. Now, according to the recent California Supreme Court decision in Gregory v. Cott, health workers…