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. …
A Florida personal injury that occurs on someone else’s property can in some circumstances be compensated under the legal theory of premises liability. These theory opines that property owners owe varying degrees of duty to protect lawful visitors (and sometimes even lawful visitors) from unreasonable risk of harm. This could…
The Florida Supreme Court has ruled that “Stand Your Ground” immunity granted in criminal cases cannot be automatically transferred to civil cases filed in response to the same incident. The standard of proof in a criminal case – beyond a reasonable doubt – differs from that in a civil case…
A bicyclist who suffered a severe injury after his bicycle struck a pothole will receive a $6.5 million settlement from the City of Los Angeles, following lawmaker approval of a claims bill. The claims bill process involving public entities in L.A. is somewhat similar to how such matters are handled…
In a lawsuit against a fatal amusement park accident during a school outing that claimed the life of a child, defendant amusement park cannot seek indemnification from the school. However, according to a recent New Jersey Supreme Court opinion, defendant will be allowed to seek a verdict that allocates fault…
Jurors awarded $148 million in damages to a former dance student who was permanently paralyzed as a result of a poorly-maintained pedestrian shelter at a bus stop of Chicago’s O’Hare International Airport. That amount fell shy of the $175 million plaintiff’s attorneys sought for her injuries, but it was far…
For the last four years, Florida has used the Daubert standard in civil trials as a means of testing the scientific validity of testimony by expert witnesses. Previously, the state courts adhered to the less strenuous Frye standard. Both standards are named for specific cases that set the criteria for…
We trust that the products we buy are going to be safe when used as advertised. This is true when it comes to everything from kitchen appliances to children’s toys to motor vehicles. Those who purchase certain items for medically-required uses may rely even more heavily on these devices, and…
Anytime personal injury lawsuits are settled, there may be terms and conditions that must be read carefully. There are some situations wherein the language could prohibit any and all future claims against other potential defendants – and that may not be a scenario you want, depending on the circumstances. In a…
You were injured by someone else’s negligence. You hired an experienced injury lawyer. Defendant refused to settle so you took your case to trial. You won – and the jury has awarded you a sizable sum. Now you can put it all behind you – right? Not necessarily. In Florida…