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What is a dangerous instrumentality?

According to Florida case law as of the date of this article, a lounge chair is not a dangerous instrumentality which is defined as an item that by its nature is reasonably certain to place life and limb in peril when negligently constructed, such as an automobile:...

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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...

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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 breach,...

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