Amid ongoing incidents of violence at schools and colleges, the California Supreme Court has ruled that colleges DO owe their students a duty of care to protect them from foreseeable violence during curricular activities. This responsibility, the court ruled, was owing to the power dynamic between schools and students, which…
The doctrine of avoidable consequences, sometimes referred to as the “duty to mitigate,” is an affirmative defense that can be raised by defendants in personal injury cases to argue the plaintiff was partially or fully responsible due to failure to exercise reasonable care to reduce the injury or damages suffered. …
When a person is injured as a result of the negligence of another who owed them a duty of care, that individual usually has the right to pursue compensation under Florida law. That part is pretty well-known. What is less understood is that certain loved ones of the person injured…
In most trip-and-fall or slip-and-fall lawsuits, injured persons hoping to prevail have to prove actual or constructive knowledge. That is, they have to show the property owner/ manager knew or should have known about the hazard, either because: They created it; They were informed of it; It existed for such…
Hot air balloon rides, which have been around since 1783, are thrilling, romantic and even relaxing. They can also potentially be dangerous, particularly when the operator has limited experience. The National Transportation Safety Board (NTSB) recorded 775 hot air balloon accidents between 1964 and 2014, with 70 of those involving…