In the boating injury case of Westfield Ins. Co. v. Vandenberg, the question was raised to the U.S. Court of Appeal for the Seventh Circuit regarding whether the construction company insurance held by a defendant in the injury lawsuit could be liable to pay defendant’s share of damages. The appellate…
The parents of an infant who died tragically in a hot car that was parked outside a Florida daycare facility for seven hours in the summer will not be able to collect any compensation from the driver’s personal insurance policy. That’s according to a new ruling by Florida’s Third District…
The attorneys who represented a child severely injured at birth will not be able to receive more than the damage cap put into effect by the state legislature, even though they spent five times that in bringing the case forward. Beyond just delivering a financial blow to this one law…
Last year, the Florida Supreme Court took on the issue of caps on non-economic damages in medical malpractice wrongful death cases. The court ruled in Estate of McCall v. United States that capping damages in these cases was unconstitutional. This was a major victory for those who had suffered the…
In many auto accidents resulting in injury, it is not only the driver and/or his insurance company that may be held liable for damages. Sometimes, the owner of a vehicle (if different from the driver) can be held responsible, through a doctrine called vicarious liability. If the driver was working,…
In 2014, Florida broke the record for the most tourists ever – more than 97 million for the year. Many hotels reported that for the first time in a long time (and for some, ever), occupancy rates exceeded 70 percent on a steady basis. Some 1.15 million Floridians are employed…
When someone takes to the dance floor, they may want to “get down,” but they usually don’t actually mean “on the ground.” Unfortunately, when bars, nightclubs and other entertainment establishments allow drinks – alcoholic or otherwise – on the dance floor, patrons are at-risk for a slip-and-fall injury. What started…
No one is immune from on-the-job injury. It occurs in virtually every type of workplace and to a wide range of workers. Still, we know there are certain risk factors that increase the chances of it. For example, we know the construction industry has one of the highest rates of…
Florida’s children under 5 are more at risk of drowning here than in any other state. Every single year, the number of children who drown could fill up three preschool classrooms. These deaths are totally preventable, and may be the result of negligence by caregivers and/or property owners. Just last…
In a complex medical malpractice case involving the death of a baby born after just 23 weeks of gestation, a jury awarded the child’s parents $4.3 million. The case, Dean v. Central Georgia Women’s Health Center, was against two obstetricians alleged to have failed in abiding by the standard of…