Articles Posted in negligence

We’ve all done it—cut across a landscaped area to save a few steps on the way from one public area to another. Most of the time, it’s harmless. But when someone trips and falls, the question arises: Who is responsible? Can the landowner be held liable? Or does the law essentially say, “cross at your…

Some states exempt charities from liability for damages caused by their servants. Florida does not. Nicholson v. Good Samaritan Hospital, 199 So. 344 (Fla. 1940). This is consistent with the legal doctrine known as respondeat superior, which holds employers liable for the negligent or purposeful acts of their employees. See Valeo v. East Coast Furniture…

Florida’s civil liability and workers’ compensation systems handle legal matters for people injured or who have died in accidents. The systems have some similarities and differences. The biggest differences are that the plaintiff must prove fault to recover under civil law, and recoveries for non-economic damages (such as pain and suffering) are not available in…

Duty and proximate cause are essential elements of every Florida personal injury and wrongful death negligence case. DUTY: “Where a defendant’s conduct creates a foreseeable zone of risk, the law generally will recognize a duty placed upon defendant either to lessen the risk or see that sufficient precautions are taken to protect others from the…