Articles Posted in Civil Litigation

In May 2026, the Fourth District Court of Appeal issued a consequential opinion in Haddad v. Lyft Florida, Inc., fundamentally reshaping the scope of tort claims that may be brought against transportation network companies in Florida. Haddad effectively wiped out the entire suite of common‑law causes of action traditionally asserted against rideshare companies, unless the…

The State of Florida obligates employers to secure and provide workers’ compensation benefits to their employees, as mandated by section 440.10, Florida Statutes. Employers typically satisfy this obligation by maintaining an active workers’ compensation insurance policy that ensures coverage for compensable workplace injuries. Section 440.10(b) goes so far as to provide that where a “contractor…

The open and obvious doctrine, as applied in Florida premises liability cases, has become a vexatious legal doctrine that is too often used to support summary judgment despite longstanding case law holding that the obvious nature of a hazard does not necessarily discharge a landowner’s duty to maintain reasonably safe premises. That is precisely what…

El Estatuto de Florida 624.155 otorga a las personas el derecho a demandar a las compañías de seguros si gestionan de forma indebida las reclamaciones y causan perjuicios económicos. Sin embargo, las aseguradoras de compensación laboral están exentas de estas disposiciones. El artículo 440.11(4) establece lo siguiente: “Sin perjuicio de lo dispuesto en el artículo…

Rear-end collisions account for more than 25 percent of all roadway motor vehicle accidents. The reflexive response is to blame the driver of the approaching vehicle – the one who strikes the vehicle ahead. Florida law reinforces this instinct by creating a rebuttable presumption of fault against the trailing driver. Gulle v. Boggs, 174 So.…

A core responsibility of lawyers representing clients with personal injury or property-damage claims is to maximize recovery. Conventional wisdom holds that recovery is limited to actual damages – the plaintiff cannot collect more than the loss suffered. Florida law, however, provides a pathway to expand recovery when subrogation, reimbursement, or contribution rights exist. In Despointes…

Florida Statute 624.155 gives people the right to sue insurance companies if they mishandle claims and cause financial harm. However, workers’ compensation insurance carriers are exempt from these provisions. Section 440.11(4) provides as follows: “Notwithstanding the provisions of s. 624.155, the liability of a carrier to an employee or to anyone entitled to bring suit in…

For those of us in Florida familiar with the constraints of the state’s sovereign immunity law, Florida Statute 768.28, the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 2671-2680, comes as a pleasant surprise. Under the state law, judgment damages against the state—or any of its agencies or subdivisions — are capped at $200,000 per…

Florida premises liability law governs the responsibility of those who possess or control land for injuries sustained by individuals on their property. It is a negligence-based system, meaning that liability is determined according to the degree of fault. This principle is known as comparative fault, codified in Florida Statute § 768.81, entitled Comparative Fault. Under…

Overview of the Florida Wrongful Death Act When a person’s death is caused by the wrongful act, negligence, default, or breach of contract or warranty by another individual or company—including incidents occurring on navigable waters—Florida law determines who may be entitled to compensation. These legal rights and procedures are governed by statute, specifically the Florida…