Do Pedestrians Always Have The Right-of-Way In Florida?
According to Florida law, pedestrians do not always have the right of way: Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the...
When Does A Manufacturer Have A Duty To Warn About Defects?
According to Florida case law, a duty to warn about a defective consumer product like a pressure cooker arises whenever a reasonable person would want to be informed about the risk(s) in order to decide whether to expose himself or herself to it: We need not detail...
What is malice in a defamation case?
According to Florida case law as of the date of this article, malice, when talking about public figures, is having the knowledge that a statement is false at the time it is made or making a statement with a reckless disregard of the truth: "To determine whether the...
Are Personal Injury Lawyers Free?
Personal injury lawyers are not free. They typically charge a fee for their services, which is often based on a percentage of the compensation awarded to the client (normally, 331/3%). This is otherwise known as working on a contingency basis, which means that the...
How Much Should I Expect From A Car Accident Settlement?
The Average Car Accident Settlement in Florida is $30,000.00. Factors for evaluation include: 1. Severity of injuries sustained in the accident; 2. Type and length of medical treatment needed; 3. Cost of medical bills and expenses related to the accident 4. Lost wages...
Are Words Imputing Dishonesty Defamation Under Florida Law?
According to Florida law, words imputing dishonesty are defamatory per se: Additionally, pursuant to Florida law, a statement may also be defamatory per se. See Hoch v. Rissman, 742 So. 2d 451, 457 (Fla. 5th DCA 1999). “[F]alse statements which suggest that someone...
Is An Attorney’s Agreement To Refund Fees Improper?
According to Florida case law, an attorney's agreement to refund fees with costs in the event the attorney does not win the case is improper: Stripped to the bone, the complaint is that accused (the lawyer) neglected to file his brief and thereby suffered the appeal...
Can Retailers Be Held Liable For Defective Products in Florida?
According to Florida case law, a retailer can be held liable for a defective product: In Sencer v. Carl's Markets, Inc., Fla.1950, 45 So.2d 671, the Supreme Court of Florida held that the defendant/retailer was liable for injuries caused by unwholesome food found in a...
Is An Insult Considered Defamation In Florida?
According to Florida law, merely tossing insults is not defamation: Here, although the posting of the vulgar song may have been directed at Petitioner and was certainly intended to be insulting, it was not credibly or objectively threatening. See Scott, 191 So. 3d at...
What Is An Invitee Under Florida Law?
According to Florida law, an invitee is a visitor on the premises by invitation, either express or reasonably implied, of the owner: An invitee is a visitor on the premises by invitation, either express or reasonably implied, of the owner. Wood v. Camp, 284 So.2d 691,...