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Florida Injury Attorney Blawg

Florida Follows “Reasonable Expectation” Test for Harmful Substances in Food
Jeffrey P. Gale, P.A.

The standard in Florida for determining fault for injuries caused by harmful substances in food is known as the “reasonable expectation” test. Examples of harmful substances include bones, shells, and pits, not only substances completely foreign to food products such as metal, human nails, and bugs. Obviously, claims resulting from foreign objects are easier to…

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Children/Parental Liability Waivers & The 2010 Florida Legislature
Jeffrey P. Gale, P.A.

In December, 2008, the Florida Supreme Court, in Kirton v. Fields, 997 So.2d 349 (Fla., 2008), held that a pre-injury release executed by a parent on behalf of a minor child is unenforceable against the minor or the minor’s estate in a tort action arising from injuries resulting from participation in a commercial activity. In…

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The Truth About the McDonalds Coffee Spill Case – Fallacy Debunked
Jeffrey P. Gale, P.A.

In a conscious effort to create a negative view of trial lawyers and civil lawsuits, Corporate America has for years distorted the truth about the famous McDonalds coffee spill case, the poster child for the frivolous lawsuits mantra. Sadly, the public has fallen for the propoganda hook, line and sinker. Why, might you ask, would…

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