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Fourth District Court of Appeal Certifies Conflict with Third District...

Although many would believe, given the frequency of “slip and fall” accidents, that the law in the area should be well settled, Florida law regarding business owners’ “slip and fall” liability has been...

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Garcia v. Target: When Does a Business have Knowledge of a Dangerous Condition?

In 2010, the Florida Legislature made sweeping changes to Florida law regarding slip and fall liability for business owners. In that year, the legislature enacted § 768.0755 of the Florida Statutes,...

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New Florida Evidentiary Standard Tips the Scale in Premature Birth Appeal

Although changes to the law of evidence do not typically engender much in the way of debate, Florida litigants are now seeing the harsh realties that can be associated with revisions that typically go...

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Federal District Court Grants Summary Judgment in Medical Malpractice Case

A common legal issue that arises in the context of imprisonment or other forms of detention is liability for failing to provide or negligently providing medical care to those detained. Irrespective of...

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Fourth District Court of Appeal Declines to Enforce Arbitration Provision in...

Florida has long served as a destination for America’s elderly population and, as a result, has also become home to a considerable number of retirement homes and assisted living facilities....

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Fourth District Court of Appeal Addresses Harmless Error Rule in Auto...

One of the most common arguments on appeal following a trial is whether evidence was erroneously presented to the jury. Although inappropriate evidence can affect a jury’s determination, appeals courts...

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Florida Fourth District Examines Scope of Medical Malpractice Foreign Object...

Negligence liability is fundamentally predicated on the expectation that people should exercise reasonable care in their actions when such actions have the potential to cause harm to another. Although...

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Holderbaum v. Carnival Corp.: A Look at Expert Evidence in Personal Injury...

Although we associate expert testimony with complex cases involving medicine or large explosions, expert testimony can be important in virtually any type of case, as long as the testimony will provide...

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Florida’s Fourth District Addresses Discovery Dispute in Municipal Personal...

Following the filing of a complaint, litigants spend a considerable amount of time engaged in discovery, the stage of litigation during which the parties exchange information that will likely be...

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Supreme Court of Florida Further Limits Admissibility of Collateral Source...

Under the common law, collateral source evidence was generally inadmissible for both determinations of liability and damages. Finding that this rule promoted double recovery in certain instances, the...

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