According to Florida law, in order for a claimant to prove medical malpractice, the claimant must establish four key elements: 1. Duty of Care: A claimant must prove there is a duty of care owed by the healthcare provider. This duty is defined as the requirement for a...
According to Florida law, an executor (a/k/a “Personal Representative”) has a duty to promptly settle an estate and make distribution of the assets to the beneficiaries: It is contended that the law makes it the duty of an executor to promptly settle an...
According to Florida law, to succeed on a claim of strict liability based on a design defect, the plaintiff must prove that the product is defective or unreasonably dangerous: To succeed on either state law theory of liability—strict liability or negligence in...
According to Florida law, there are five elements for a strict product liability action that must be proved by a preponderance of the evidence (1) the item sold is a product (2) it was produced by a manufacturer (3) it was defective or created an unreasonably...
According to Florida law, strict liability claims are based on the essential requirement that the responsible party is in the business of and gains profits from distributing or disposing of the defective product in question through the stream of commerce: Plaintiff...
