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The doctrine of avoidable consequences, sometimes referred to as the “duty to mitigate,” is an affirmative defense that can be raised by defendants in personal injury cases to argue the plaintiff was partially or fully responsible due to failure to exercise reasonable care to reduce the injury or damages suffered.  Sometimes, the doctrine of avoidableContinue reading “personal injury attorney Tag Archives — Page 2 of 3”

The sovereign immunity doctrine in Florida bars lawsuits in state court against a state government, as well as its agencies and subdivision, absent governmental consent. Although proponents of this theory say it allows for governmental discretion by allowing officials to engage in flexible decision-making without risk of liability and protects public funds, opponents say itContinue reading “Overcoming Sovereign Immunity: Holding Government, Workers Accountable in Florida Injury Lawsuits”

The sovereign immunity doctrine in Florida bars lawsuits in state court against a state government, as well as its agencies and subdivision, absent governmental consent. Although proponents of this theory say it allows for governmental discretion by allowing officials to engage in flexible decision-making without risk of liability and protects public funds, opponents say itContinue reading “child injury Tag Archives”

The sovereign immunity doctrine in Florida bars lawsuits in state court against a state government, as well as its agencies and subdivision, absent governmental consent. Although proponents of this theory say it allows for governmental discretion by allowing officials to engage in flexible decision-making without risk of liability and protects public funds, opponents say itContinue reading “school injury Tag Archives”

A Florida personal injury that occurs on someone else’s property can in some circumstances be compensated under the legal theory of premises liability. These theory opines that property owners owe varying degrees of duty to protect lawful visitors (and sometimes even lawful visitors) from unreasonable risk of harm. This could be a slip-and-fall, a dogContinue reading “Open and Obvious Defense in Florida Premises Liability Injury Lawsuits”

An appellate court in California recently reversed summary judgment in favor of a company that employed a maintenance worker accused by plaintiff of negligently failing to conduct an adequate check on her – a guest – at her husband’s urgent request. It turned out the wife had suffered a brain aneurism and was in direContinue reading “Hotel Liability for Guest Welfare: Court Weighs ‘Negligent Undertaking’”

An appellate court in California recently reversed summary judgment in favor of a company that employed a maintenance worker accused by plaintiff of negligently failing to conduct an adequate check on her – a guest – at her husband’s urgent request. It turned out the wife had suffered a brain aneurism and was in direContinue reading “Palm Beach personal injury lawyer Tag Archives”

An appellate court in California recently reversed summary judgment in favor of a company that employed a maintenance worker accused by plaintiff of negligently failing to conduct an adequate check on her – a guest – at her husband’s urgent request. It turned out the wife had suffered a brain aneurism and was in direContinue reading “personal injury attorney in West Palm Beach Tag Archives”

An appellate court in California recently reversed summary judgment in favor of a company that employed a maintenance worker accused by plaintiff of negligently failing to conduct an adequate check on her – a guest – at her husband’s urgent request. It turned out the wife had suffered a brain aneurism and was in direContinue reading “West Palm Beach personal injury lawyer Tag Archives”

Nearly 2,800 commercial vehicle crashes were reported in Orange County, Florida in 2016 – a nearly 10 percent increase over the previous year, according to the Florida Department of Highway Safety and Motor Vehicles. Truck crashes like these wreak havoc on our roads, and cost hundreds of lives and thousands of serious injuries in FloridaContinue reading “Report: Florida Commercial Truck School Lied on Driver Test Results”