Florida Personal Injury Lawyer Blog

Published on: September 27, 2021

Florida Premises Liability Case: Treat Shop Should Anticipate Tripping Hazard

Florida premises liability lawyer In any Florida premises liability case, the question of whether the defendant is responsible for the harm someone else suffered on their property often depends heavily on the unique circumstances of the case. Sometimes, that circumstance is a giant ice cream cone.

See: Greene v. Twistee Treat USA et al., recently before Florida’s Second District Court of Appeal.

Normally, people have an obligation to watch out for potential hazards when they’re on someone else’s property. They have a duty to avoid any open and obvious dangers. But that does not excuse property owners (businesses in particular) from their duty to anticipate potential dangers – even if they are open and obvious – and to warn guests of them. This is especially true if the property owner could have anticipated that the patron would be distracted or that it would have been so long since the last time they saw the hazard that they could have easily forgotten it.

In the case of the Twistee Treat tripping hazard, the 2nd DCA ruled that the “novel architecture” of the ice cream shop itself could be distracting enough that patrons might be forgiven not noticing/avoiding some hazards as they approach. Continue reading

Published on: August 19, 2021

Florida No-Fault Car Insurance Law Remains – For Now

by Leland Garvin

Florida no-fault car insurance law isn’t going anywhere, at least this year. For motorists, that means continued reliance on personal injury protection (PIP) coverage and proof of serious injury before pursuing a fault-based car accident claim against negligent drivers.

Governor Ron DeSantis has vetoed the bipartisan Senate Bill 54, passed by state lawmakers in April. The bill would have rewritten our unique, no-fault state car insurance law and required drivers to obtain new policies by next year.

In a short statement released by the governor’s office, DeSantis, while calling the current law “flawed,” explained he felt the bill failed to adequately address issues faced by Florida drivers and could have adverse, unintended consequences for both consumers and the market.

The veto was a bit of a surprise, given that the bill had strong bipartisan support, passing with little debate several months ago. Supporters insisted it would reduce auto insurance premiums in a state that consistently ranks within the top five. However, analysis of potential impacts yielded mixed results. Plus, the insurance industry and medical providers came out swinging hard against it.

What Does Florida No-Fault Car Insurance Mean for Motorists?

The effect of the veto is that nothing really changes for Florida drivers, at least not this legislative term. No-fault auto insurance remains in place.

Florida is one of the few states that continues its use of no-fault car insurance, as opposed to a system of fault recognized by many states. Contrary to what some presume by its name, no-fault insurance doesn’t mean no-fault is assigned in the crash. It just means the coverage pays certain damages incurred by insureds upfront, regardless of who was at-fault. Continue reading

Published on: August 3, 2021

Florida Negligent Security Lawsuits Filed Against Fort Myers Beach Resort

by Leland Garvin

A popular Fort Myers Beach resort is facing two Florida negligent security lawsuits that allege the property owners did not take the safety of guests seriously.

For those who may be unfamiliar, negligent security is a type of premises liability claim filed in civil court demanding financial compensation if the owner or manager of a property fails to ensure adequate security, putting guests at heightened risk of criminal violence, including shooting, assault, battery and rape.

As our Fort Myers Beach hotel injury attorneys can explain, courts do not expect property owners to see into the future. Instead, they are expected to proactively address any reasonably foreseeable danger to guests. When they do not mitigate those risks or issue warnings, they can be held legally responsible in Florida negligent security lawsuits for breaching the duty of care owed to those harmed in violent acts on site. Continue reading

Published on: July 16, 2021

2020 Florida Boating Accident Statistics Released by FWC

by Leland Garvin

Florida is a boater’s paradise, but its waters have also placed plenty in peril. According to the newest statistics released by the Florida Fish & Wildlife Conservation Commission (FWC), the Sunshine State continues to lead the nation both for the most registered vessels and the highest number of reportable boating accidents. In 2020, officials counted a total of 836 Florida boating accident cases, causing 79 deaths (including 5 missing persons presumed dead) and 534 injuries.

These figures represent a surge of boating accidents and deaths at a time when an increasing number of people are taking to the water.

As our Key West boat accident attorneys can explain, lack of boater education is cited as a common thread in many of these cases. About 70 percent of boaters involved in deadly incidents had no boating education. Inattention/failure to maintain proper lookout is also a top cause. Alcohol and/or drug use was cited as a causal factor in about a quarter of all boating deaths. Continue reading

Published on: July 7, 2021

$2.5 Million Awarded Florida Nursing Home Injury Lawsuit

by Leland Garvin

Plaintiffs in a Florida nursing home injury lawsuit were awarded $2.5 million against a memory care center found to have been negligent in its care of an elderly patient.

As Naples nursing home injury lawyers, we expect unfortunately to see cases like these increase as the demand for elder care rises and the nursing shortage (exacerbated by COVID) continues.

The U.S. Centers for Disease Control and Prevention reports there are approximately 72,000 people living in Florida nursing homes. That figure is expected to grow as the Baby Boomer generation ages into their 60s and beyond. Consider also the fact that the majority of nursing care facilities are now operated on a for-profit basis, meaning their priority is their bottom line. For-profit facilities tend to have lower rates of staffing and higher injury rates. Continue reading

Published on: June 30, 2021

Does Florida Have a “Wet Floor Sign Law”?

by Leland Garvin

Fort Myers wet floor sign Wet walking surfaces are a top cause of slip-and-fall injuries in Florida. But are businesses required to post a “wet floor” sign to warn you?

A wet floor sign may indeed play a big role in the strength of your case, but the simple answer to the question about whether Florida has a “wet floor sign law” is no.

As a Fort Myers slip-and-fall injury attorney, I have successfully handled many of these premises liability claims. It is important to understand that these cases are often more complicated than they may initially appear. The outcome will depend heavily on the factual circumstances. The presence (or lack thereof) of a wet floor sign is just one of those. Continue reading

Published on: June 17, 2021

When Dangerous Vehicle Design Causes Florida Crash Injuries

by Leland Garvin

When Florida crash injuries are significant and lasting, it is necessary to analyze all potential avenues of financial recovery. In some cases, that may include claims against car manufacturers for dangerous vehicle design. These types of tort claims are referred to as product liability lawsuits.

Allegations in car accident product liability lawsuits often assert that one’s injuries were exacerbated by design or manufacturing flaws that put occupants at unreasonable risk of serious injury or death.

Recently, a Florida family filed a product liability lawsuit against Honda alleging dangerous design flaws that resulted in severe injuries to a young girl who was riding in the third row of her family’s van. The girl’s mother was traveling with her three children one afternoon in August 2019 when they were rear-ended by a Jeep. According to local news reports, the girl, then 7, suffered a traumatic brain injury and broken bones. She has endured numerous hospital stays, surgeries and daily physical, and occupational therapies.

Although the family is pursuing a claim against the driver of the Jeep for negligence operation, claims against the vehicle manufacturer allege strict liability and negligence for alleged dangerous design flaws that reportedly left third row passengers vulnerable to serious injury. Continue reading

Published on: June 9, 2021

Southwest Florida Car Accident Risk Rises With Road Construction

by Leland Garvin

Southwest Florida car accident The recent emergency closure of a major national east-west thoroughfare (the I-40 Mississippi River Bridge in Tennessee) due to a critical crack in a bridge beam has drawn attention to the $2.3 trillion infrastructure package proposed by the White House for road renovations nationally. Florida, which was given a C grade for overall infrastructure, has more than 400 bridges and 3,560 miles of highway considered to be in “poor condition.” Although strengthening of infrastructure makes us safer in the long-haul, road construction could well increase Southwest Florida car accident risk in the short-term.

Florida Road Construction Projects

Florida has seen exponential growth in recent years, placing increased burdens on our roadways and traffic infrastructure. The Cape Coral-Fort Myers metro area in Lee County has been among the fastest-growing regions in the country.

Published on: June 2, 2021

Employer Liability for Florida Distracted Driving Accidents

by Leland Garvin

Employers of motorists who cause crashes while distracted by work obligations may be liable to cover the damages of those injured. Florida distracted driving accidents are on the rise. AAA reports distracted drivers caused the deaths of 3,142 people in the U.S. in a single recent year, an uptick of 10 percent from the year before. In this Florida alone, 258 people died that year as a result of crashes caused by drivers who were distracted. That figure is likely underreported given that not all types of distractions are easily identifiable.

April is Distracted Driving Awareness Month, and traffic safety experts have expressed concern about the still-rising number of crashes, placing significant blame on drivers who aren’t paying attention. “Cognitive overload” after participating in back-to-back videoconferencing, along with atrophied driving skills during the pandemic, was cited by several researchers in a recent NBC News report.

It should be noted that F.S. 316.305 prohibits drivers from operating a vehicle while texting, emailing, reading data, instant messaging, etc. for non-voice communication purposes.

Cognitive distractions after a work-related video conferencing may be a very real problem for drivers, but the question in terms of potential legal liability for the employer will be whether the driver was acting in the course and scope of employment at the time of the collision. Continue reading

Published on: May 24, 2021

Florida Car Accident Rules to Change, Barring Governor Veto

by Leland Garvin

Florida car accident lawyer Fort Myers The way drivers pursue civil damages in Florida car accident cases will fundamentally change starting Jan. 1, 2022, barring a veto from Governor Ron DeSantis. If approved, Florida’s 50-year-old no-fault driver’s insurance law will be no more as of next year, following the majority of state lawmakers’ vote for repeal with SB 54.

The new law will directly impact two types of driver insurance requirements – personal injury protection (PIP) and bodily injury liability coverage. PIP has been required in Florida since 1972 to provide up to $10,000 in coverage for 80 percent of all “necessary and reasonable expenses” incurred as a result of a crash, no matter who caused it. It also includes $5,000 in funeral expenses. Bodily injury liability, which covers damage to others if the insured caused the crash, has not been mandatory for most Florida motorists (with some exceptions for those with prior DUI convictions, etc.). However, Florida’s Financial Responsibility Law has held that drivers must provide up to $20,000 in financial coverage per accident and $10,000 per person if they cause an accident – an amount for which they’d be personally liable if they didn’t purchase insurance to cover it.

Under the new law, vehicle owners would no longer be required to purchase PIP to register their vehicles. However, they would need to pay for:

Bodily injury liability coverage, at least $25,000 per occupant, up to $50,000 per accident.
$5,000 in death insurance to cover funeral expenses and other bills of anyone killed in a collision.
A $10,000 financial responsibility requirement for property damage liability (PDL) coverage.

Those hurt in a Florida car accident would no longer have a dollar limitation on recovering damages for pain and suffering under PIP. Further, insurance companies will be required to offer Med-Pay, with $5,000 and $10,000 in health insurance with no deductible, though insureds could opt-out of this. Continue reading

Florida Personal Injury Law Blog

What Does Florida No-Fault Car Insurance Mean for Motorists?

Florida Road Construction Projects