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What do you have to prove in a product liability case?

According to Florida case law, a product liability injury victim has the burden, whether their case is founded in negligence, breach of an implied warranty, or strict liability, of establishing that a defect was present in the product, that it caused the injuries...

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What is res ipsa loquitur in Florida?

According to Florida law, res ipsa loquitur is a rule of evidence that permits, but does not compel, an inference of negligence under certain circumstances: Res ipsa loquitur is a Latin phrase that translates “the thing speaks for itself.” Prosser and Keaton, Law of...

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What Does Product Liability Mean Under Florida Law?

According to Florida Law, statutory law, and case law, product liability means 1) a personal injury or property damage resulting from the use of a product and 2) a civil action based upon a theory of strict liability, negligence, breach of warranty, nuisance, or...

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What is Strict Liability For Failure To Warn in Florida?

According to Florida law, and standard jury instruction 403.8, in order to prevail on a strict liability claim for failure to warn, a jury must determine a product is defective because "the foreseeable risks of harm from the product could have been reduced or avoided...

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Are Personal Injury Lawyers Free?

Personal injury lawyers are not free. They typically charge a fee for their services, which is often based on a percentage of the compensation awarded to the client (normally, 331/3%). This is otherwise known as working on a contingency basis, which means that the...

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Is An Attorney’s Agreement To Refund Fees Improper?

According to Florida case law, an attorney's agreement to refund fees with costs in the event the attorney does not win the case is improper: Stripped to the bone, the complaint is that accused (the lawyer) neglected to file his brief and thereby suffered the appeal...

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