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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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Is a deed without the names of the grantees void?

According to the case law as of the date of this article, a deed without the names of the grantees is void: "There is no question that under the law the deed which did not contain the names of the grantees was void. 16 Am. Jur., page 483, Section 79; 6 Thompson on...

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What are compensatory damages in Florida?

According to Florida case law as of the date of this article, the purpose of compensatory damages is to make an injured party whole to the extent that it is possible to measure such injury in monetary terms: “Compensatory damages are designed to make the injured party...

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Is Premises Liability a Form of Negligence?

According to Florida case law as of the date of this article, a premises liability claim is a negligence claim with the added elements of possession or control of the premises, and notice of the dangerous condition: "To prevail on its summary judgment motion,...

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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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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.... However, there is...

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