First, the good news: The risk of becoming seriously ill as a result of an infection from dangerous strains of E. coli or salmonella dropped sharply last year. But the bad news: Food-borne illness arising from lesser-known infections is on the rise. Specifically of concern are bacteria such as Vibrio…
A woman seriously injured when a train ran off a section of damaged train tracks and into her workplace will have to endure a second trial after a federal appeals court ruled the lower court had not made a proper finding of proximate cause. In Harris v. Norfolk Southern Railway…
Spectator sports are a year-round form of entertainment here in Florida, whether it’s minor league baseball or hockey tournaments or auto racing. Many parents and students also enjoy attending school sporting events, and for the most part, these events are fun for everyone. But when a facility fails to protect…
A woman whose silicone breast implants began causing her serious health problems after they were installed 24 years ago will have another chance to bring her claim to trial, after a federal appellate court ruled a genuine issue of material fact remained regarding whether the claim was time-barred. All states…
The Florida Supreme Court has issued a decision that strengthens a defendant’s use of liability waivers in fending off civil litigation. In so doing, the court approved the Fla. 5th District Court of Appeal’s approach and rejected the decisions reached by the First, Second, Third and Fourth District Courts of…
Florida may not have snow or mountains, but vacationers here likely have one thing in common with plaintiffs in an Oregon case alleging staff negligence while snowboarding: Liability waivers. There are many opportunities for visitors (and locals) in South Florida to engage in fun activities, such as personal watercraft rentals,…
Increasingly, companies and service providers require consumers to sign liability waivers, effectively agreeing to sign away their right to seek recompense should injury result from the activity or service. In large part, courts have upheld the viability of these documents, considered formal legal contracts. This is why people must be…
An unforeseen household accident ended tragically when a Florida man was electrocuted while installing a new dishwasher. According to reports, the 33-year-old victim was killed when his wedding ring came in contact with a live wire. Police in South Daytona said that the man was at his in-laws home helping…
Parents who use day care services to help with their family responsibilities should be wary of the potential for negligence and abuse. As with any for-profit caretaking business, it is important to screen individual workers as well as the record of the day care facility. A Florida day care owner…
While October isn’t the busiest boating season, warm fall weather means that plenty of boaters, both experienced and inexperienced, will be taking to Florida waters. In a tragic accident, a 29-year-old woman was killed when two boats were involved in a deadly collision. According to the Florida Fish and Wildlife…