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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...

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…....

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...