Can I recover future economic damages after I fully recover?
According to Florida case law as of the date of this article, even if a car accident victim is not permanently injured, it is possible that the victim can recover future economic damages: "We find no reversible error in any of the issues raised by appellant except for...
What is a dangerous instrumentality?
According to Florida case law as of the date of this article, a lounge chair is not a dangerous instrumentality which is defined as an item that by its nature is reasonably certain to place life and limb in peril when negligently constructed, such as an automobile:...
Is a deed without the names of the grantees void?
According to the case law as of the date of this article, a deed without the names of the grantees is void: "There is no question that under the law the deed which did not contain the names of the grantees was void. 16 Am. Jur., page 483, Section 79; 6 Thompson on...
What are compensatory damages in Florida?
According to Florida case law as of the date of this article, the purpose of compensatory damages is to make an injured party whole to the extent that it is possible to measure such injury in monetary terms: “Compensatory damages are designed to make the injured party...
Is Premises Liability a Form of Negligence?
According to Florida case law as of the date of this article, a premises liability claim is a negligence claim with the added elements of possession or control of the premises, and notice of the dangerous condition: "To prevail on its summary judgment motion,...
Does a store have to ensure the lawful use of a product?
According to Florida case law as of the date of this article, unless there are special circumstances there is no legal duty requiring a store to ensure that a product lawfully sold will ultimately be used by a customer for a lawful purpose: “Ms. Jenkins alleges that...
Can I recover emotional distress damages if no physical injuries?
Generally speaking, the answer is no. According to the case law as of the date of this article the impact rule prevents a car accident victim from being able to recover damages for emotional distress and/or mental anguish that occurred, with no physical injuries...
4 Elements of Negligence Under Florida Case Law
According to Florida case law as of the date of this article, a claim for negligence requires (1) a legal duty owed by the defendant to the plaintiff, (2) breach of that duty by the defendant, (3) injury to the plaintiff which was legally caused by defendant's breach,...
Is there a duty to warn of an obviously dangerous product?
According to Florida case law as of the date of this article, there is no duty to warn of an obvious danger where a loader's boom was open and obvious: "“A duty to warn arises where a product is inherently dangerous or has dangerous propensities.... However, there is...
How is Libel Defined Under Florida Case Law?
According to Florida case law as of the date of this article, libel is defined as the unprivileged written publication which is false and not privileged, which causes distrust, ridicule, and other harm, including: “A civil action for libel will lie when there has been...