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According to a recent report released by the United States Coast Guard, the state of Florida has the highest number of boat-related accidents and deaths. This may not come as a surprise to those who know Florida and its massive coastline. In fact, Florida is second only to Alaska for states with the largest coastal area.

The study notes that there were 682 boat accidents in 2013, a rise from the previous high in 2012 of 662. This figure represents the highest number of accidents by far, with other states not even close. To give the reader an idea of the percentage of accidents that occurred in Florida alone, there were a total of 4,062 accidents nationwide. Therefore, the 682 that occurred in Florida represent over 16% of the accidents across the entire country.

As far as boating-related fatalities, the US Coast Guard reports that Florida had 58. While this figure represents a low for the past five years, it still puts Florida at the top of the list for boating fatalities.

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The Florida justice system sees hundreds of thousands of cases each year. Many of these cases are medical malpractice cases. Essentially, a medical malpractice case is a claim of medical negligence, alleging that, but for the medical professional’s negligence, the plaintiff would have avoided the harm that they suffered.

In an effort to make sure that the court system is able to handle each case with the individual attention it deserves, and to ensure that both sides are treated fairly, Florida lawmakers have come up with a series of procedural rules that must be followed in all medical malpractice cases. When these procedural rules are not followed, a medical malpractice plaintiff may lose their ability to bring their case. However, the procedural steps are only required when the plaintiff is bringing a medical malpractice suit.

Pierrot v. Osceola Mental Health, Inc.

In the recent case, Pierrot v. Osceola Mental Health, Inc., a Florida court had the occasion to explain when the procedural requirements for medical malpractice cases apply. The basic facts are as follows: A pregnant woman was involuntarily committed to a mental health facility (Osceola Mental Health) after she told witnesses that she was suffering extreme abdominal pain. After the woman was taken to the hospital, the staff failed to properly care for her and she died a few days later. The plaintiff in this case then filed suit under the “Baker Act” Continue reading ›

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Last year, a 20 year-old female who was out partying after work one day got behind the wheel of her car after drinking too much and ended up in an accident that killed two 21 year-old best friends. At the time of the car accident she had a blood alcohol level of .15, over five times the legal limit for someone who is not supposed to be drinking at all.

After the investigation of the accident, the self-proclaimed “pothead princess” was discovered to have sent out a tweet explaining that she was “2 drunk 2 care.” While the girl claimed that the tweet was a response to her boyfriend who was upset with her for staying out late drinking, others hypothesize that it was evidence of her lackadaisical attitude towards drinking and driving and the consequences that can come with it.

In a recent development to the story, the girl responsible for the accident now claims that she does not remember getting into the accident, but is sorry that it occurred. Continue reading ›

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Issues of negligence are usually determined by the jury. However, in some cases where the plaintiff’s case is especially weak, a defendant may petition the court to dismiss the case against them. This is usually the case when the plaintiff does not submit enough evidence to prove that a legal cause of action exists, even if the court assumes all the plaintiff’s evidence is true. Procedurally, this process is called “summary judgment.”

Weider v. King Cole Condominium Association, Inc.

In a recent case by a Florida court of appeals, Weider v. King Cole Condominium Association, Inc., the court reversed a summary judgment motion granted by the trial court. The facts of the case are as follows: Weider was a resident in a condominium owned and operated by King Cole. At some point during her residency, she tripped over a “buckling” in the carpet in one of the condominiums’ common areas. The carpet had recently been cleaned and was still wet at the time of Weider’s accident. Apparently, the wet condition of the carpet made the buckling more pronounced. Continue reading ›

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Last month in Jacksonville, a four-vehicle accident involving a school bus, tractor trailer, SUV, and a Volkswagen Beetle left two people dead and several injured. According to a report by the local NBC affiliate, the school bus was stopped on eastbound Dunn Avenue letting children off the bus. Behind the school bus were the SUV and the Volkswagen. Evidently, the tractor-trailer approached the stopped vehicles at a high rate of speed and did not break in time. The tractor trailer slammed into the two vehicles behind the school bus and then tipped over, eventually colliding with the school bus as well.

Both the driver and the passenger in the SUV suffered fatal injures from the accident and were pronounced dead at the scene. Of the thirteen students on the bus, four were injured and taken to the hospitals, as well as the drivers of the Volkswagen and the tractor trailer. All are expected to fully recover from their injuries.

Police are currently investigating the accident and considering whether to file criminal charges against the driver of the tractor trailer. Continue reading ›

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It should not come as a surprise, but litigants are not permitted to commit fraud against, or mislead, a court of law. However, in order for a case to get dismissed for fraud or misconduct, the party committing the alleged fraud must know that what they are submitting to the court is not true. In a recent case in front of one Florida court of appeals, the court had the occasion to describe when it is proper to dismiss a case based on fraud or misconduct. The bar may be higher than previously thought.

Casteel v. Maddalena: The Facts

In the recent case, Casteel v. Maddalena, the parties were disputing fault in a serious Florida accident involving a car and a motorcycle. Casteel, the motorcyclist, was hit by Maddalena as he was making a left turn across two lanes of traffic. The main issue in the case was where Casteel was in the intersection when he was struck by Maddalena’s vehicle. If he was clear of the intersection, it would indicate that Maddalena was at fault. However, if he was still in the intersection at the time of the collision, it would mean that he failed to yield the right of way to Maddalena, who was traveling straight ahead at the time of the accident. Continue reading ›

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In essence, an arbitration agreement is a contract between two parties that stipulates that a neutral arbiter, rather than a judge or jury, will have the final binding decision over any claims that arise between the parties. Arbitration agreements have become the focus of some critical attention recently, because of the ultimate fact that sophisticated parties are requiring that less sophisticated parties waive their legal right to a trial in front of a judge. Oftentimes, these arbitration clauses are provided to the less sophisticated party on a “take it or leave it” basis, leaving them to either accept the clause or forego doing business with the requesting party.

On occasion, Florida courts have held that an arbitration agreement is not enforceable as a matter of law for a number of reasons. For instance, if the clause is considered by the court to be unconscionable, or to go against public policy, then a court can void an arbitration clause. Recently, the Florida Supreme Court had the opportunity to decide if an arbitration agreement entered into between a nursing home and its deceased resident also bound future litigants to arbitration in a wrongful death action.

Laizure v. Avante at Leesburg, Inc.

In a recent case in front of the Florida Supreme Court, Laizure v. Avante at Leesburg, Inc., the court was presented with the question of whether a nursing home patient’s agreement to arbitrate all claims against a nursing home bound that resident’s estate and heirs in any subsequent wrongful death action against the nursing home. The court held that it did. Continue reading ›

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The law that allows accident victims to recover from the person who caused the accident that caused their injuries is called the law of negligence. While the laws of negligence are complex and can be very confusing, at its core, the law is designed to allow an accident victim to recover from any party whose negligence was a cause of the accident that ultimately resulted in harm to the plaintiff.

It goes without saying that the negligent driver who gets into an accident is responsible for the accident. But what about in a situation where a car owner lets another person drive the car and that person is negligent and gets into an accident? In this situation, the law generally allows the accident victim to name both the driver and the car’s owner in a suit for negligence. This legal doctrine is called the “dangerous instrumentality doctrine.”

A Recent Example: Roman v. Bogle

In a recent case in front of a Florida court of appeals, the dangerous instrumentality doctrine is discussed at some length. The facts of the case are as follows: Two people were killed in a car accident when the driver of the car ran a red light, colliding with a semi truck. The family of the passenger (Roman) filed suit against the owner of the car (Bogle) based on the dangerous instrumentality doctrine, although the owner was not even in the car at the time of the accident. Continue reading ›

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In a recent opinion by the District Court of Appeals of Florida, Third Circuit, the court reversed a decision by an arbitrator and send the case back for a rehearing because the arbitrator did not properly calculate the damages the plaintiff was eligible for.

Background: What Is an Arbitration Agreement?

An arbitration agreement is a legally binding contract between two or more parties that agree not to go to court, but to instead submit their dispute to a neutral, third-party arbiter. Generally speaking, when a valid arbitration agreement is signed, both parties give up their right to take the case to court. However, when the arbiter makes a mistake of law, then that error—not the decision—may be appealable to a court of appeals.

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In Florida, the civil courts are sticklers for procedure. Whether it be following court imposed rules or sticking to deadlines set by statute, courts will rarely allow exceptions to procedural defaults. Along these lines are the strict notice requirements imposed by statute that require plaintiffs suing the state government (or a local government) provide adequate notice to the government agency within a certain amount of time. To simplify, these will be referred to as “notice requirements.”

Aitcheson v. Florida Department of Highway Safety and Motor Vehicles

In the recent case, Aitcheson v. Florida Department of Highway Safety and Motor Vehicles (FDHSMV), a Florida court of appeals had the opportunity to explain what kind of notice is sufficient when it comes to telling a government agency that they are being sued.

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