What is the hardest issue to prove in medical malpractice?
Under Florida law, the hardest issue to prove in a medical malpractice case is causation. The reason is based on the requirement that the plaintiff must demonstrate that the defendant's breach of the standard of care was the proximate cause of the damages claimed....
Can a P.R. sell property without beneficiaries approving?
In Florida, a personal representative (executor) can sell the property of the estate during a formal probate administration without the approval of all beneficiaries based on language that may be contained in the decedent's will or in accordance with Florida statutory...
What is the burden of proof for wrongful death in Florida?
According to Florida law, the burden of proof generally requires the plaintiff to establish it is more likely than not that the death was caused by the defendant's negligence: In negligence actions Florida courts follow the more likely than not standard of causation...
How do you know if you have a case for medical malpractice?
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...
How long does an executor (P.R.) have to distribute assets?
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 estate and...
What is a strict liability design defect in Florida?
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...
What are the elements needed to prove strict liability?
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...
What is the essential requirement for strict liability?
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...
How do you warn someone about danger related to a product?
According to Florida law, warnings should contain wording that directs the reader to the significant dangers arising from failure to use the product in the prescribed manner, such as the risk of serious injury or death: Additionally, “a manufacturer has a duty to warn...
What is the purpose of a petition to determine homestead?
According to Florida law, a petition to determine homestead in probate is typically filed to change record title to the property or release the personal representative from any obligations related to the property: Generally, petitions to determine homestead are...