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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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Do Pedestrians Always Have The Right-of-Way In Florida?

According to Florida law, pedestrians do not always have the right of way: Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the...

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What is malice in a defamation case?

According to Florida case law as of the date of this article, malice, when talking about public figures, is having the knowledge that a statement is false at the time it is made or making a statement with a reckless disregard of the truth: "To determine whether the...

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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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How Much Should I Expect From A Car Accident Settlement?

The Average Car Accident Settlement in Florida is $30,000.00. Factors for evaluation include: 1. Severity of injuries sustained in the accident; 2. Type and length of medical treatment needed; 3. Cost of medical bills and expenses related to the accident 4. Lost wages...

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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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