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...
Is proof of proper handling needed for a bottle injury case?
According to Florida law, in order for an injured purchaser to recover from injuries resulting from an exploded bottle, where product was purchased from a retailer, there must be proof that bottle was not handled improperly from the time it left the possession of the...
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...
What Happens When Someone Dies Without Having A Valid Will?
According to Florida law, any part of the estate of a decedent not effectively disposed of by will passes to the decedent’s heirs as intestate property: 732.101 Intestate estate.— (1) Any part of the estate of a decedent not effectively disposed of by will passes to...
Why publish a notice to creditors in summary administration?
Publishing a notice to creditors in summary administration can bar creditor claims when the creditor fails to file a claim within three months after the time of first publication or 30 days of receiving the notice directly. Additionally, publication reduces the amount...
Is A Widow Responsible For Her Husband’s Debt In Florida?
According to Florida law, a widow (surviving spouse) is not responsible for her husband's debt after his death. Only the personal representative of the husband’s estate (assuming probate is necessary, which may not be the case) is responsible for paying any valid,...
What Types Of Damages Can Be Recovered In A Defamation Suit?
According to Florida law, two types of compensatory damages can be recovered in a defamation suit, general damages and special damages: In determining the types of compensatory damages recoverable in a defamation suit, Florida law recognizes two classes: general and...
Do All Car Accidents Need To Be Reported To The Police?
According to Florida law, all motor vehicle accidents that result in injury to, or death of any persons, or damage to any vehicle or other property with an apparent amount of at least $500 must be reported: The driver of a vehicle involved in a crash resulting in...
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...
What Happens If I Use My Car For Business Purposes?
Under Florida law, if you fail to disclose that your vehicle is being used for business purposes then your auto insurance carrier can deny coverage and rescind your policy for a material misrepresentation when you submitted your policy application. For example, in...