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Personal Injury Law

Foreseeability is an essential component of negligence. It is closely tied to whether an act is the proximate cause of another’s injury. As we have previously discussed in a past blog, this complicated component of negligence can be difficult to prove. It can be even harder to conceptualize in a theoretical sense. That is why […]

Different torts exist in many shapes and sizes and one of them is where a manufacturer places a defective product on the market and that product injures someone. The injured person would have a claim against the manufacturer, who would be called “strictly liable in tort” for their actions. A more precise definition of this […]

Basic Definition What is negligent entrustment? It is where a person who knows or has reason to know a driver is likely to use their vehicle in a manner that involves an unreasonable risk of physical harm themselves and others is potentially liable for the acts of the driver. If you negligently entrust your vehicle […]

  A statute of limitations law sets the maximum of time that can occur before a legal proceeding is permanently abandoned. In other words, its sets a time limit on how long you have to file suit. A plaintiff’s ability to file suit expires when this time limit runs out. The reason this exists is because […]

Violation of a traffic law is prima facie evidence of negligence. This means that, if a defendant were violating a traffic law when they got into a car accident, this violation will help prove that the defendant was negligent. This will help prove negligence by establishing both breach and duty. The other elements, which are […]

An intervening cause absolves the original defendant of liability if the cause is independent and unforeseeable, and generally presents a question for a jury. In short, an intervening cause is where a subsequent action by a subsequent defendant occurs. While this can remove some of the liability from the original defendant, since Florida is a […]

Causation in a negligence claim comes in two parts: (1) Actual Causation, where the but-for test is used, and Proximate Causation, where the foreseeable test is used. This foreseeable component is an essential element of causation because it can limit the liability of the defendant even though actual causation is established. See Courtney v. Am. […]

The fourth and final element of negligence is damages. Damages is the most intuitive of the four elements because it simply requires that there be some sort of injury to the plaintiff or harm to property. The amount of damages that an individual suffers in accident is determined in dollar amounts and can incorporate a […]

In Florida, the third element of a negligence claim is proximate causation. There are two branches of proximate causation that need to be satisfied in order for a plaintiff to prove this element. These branches are actual causation and foreseeability. Actual causation is where the plaintiff’s injury flow from the defendant’s conduct in a sufficiently […]

When a defendant’s conduct fall short of the level of care required by their duty to the plaintiff, the defendant is in breach of their duty. This is typically obvious in car accident situations. If a defendant was speeding when they hit another vehicle, the defendant will have breached their duty. This is also the […]

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