challenges you face.
Is A Statement That An Employee Was Drunk Defamation?
According to Florida law, a statement that an employee was drunk on the job was defamatory in nature: In this case, the alleged statements were clearly defamatory in nature. Alexrod v. Califano, 357 So.2d 1048 (Fla. 1st DCA 1978). Publications which impute to another...
How Do You Win A Slip And Fall Settlement?
Under Florida law, winning a slip and fall case requires proof of 5 issues. First, you must show that you slipped on a substance while on someone else's property. This could be anything from water, a grape, oil or other debris. Second, you must demonstrate that the...
Are Words Imputing A Crime Defamation Under Florida Law?
According to Florida law, words imputing commission of crime are defamatory per se: When a statement charges a person with committing a crime, the statement is considered defamatory per se. Richard v. Gray, 62 So.2d 597, 598 (Fla.1953). Certain language in the letter,...
Is There A Duty To Warn Of A Known Dangerous Condition?
According to Florida case law, there is no duty to warn or give notice of a dangerous condition to persons who are possessed with knowledge of a dangerous condition: The negligence alleged in this case is the failure to provide a fence, barrier, lights or other...
8 Reasons Why Calculating Pain & Suffering is Difficult
Calculating pain and suffering is the most difficult part of a personal injury claim to calculate because there isn't a marketplace for pain and suffering. It's a legal term that is used to describe the physical and emotional stress caused by a slip and fall, car...
Are Statements Of Pure Opinion Defamation In Florida?
According to Florida law, statements of pure opinion cannot constitute actionable defamation: Eastern's position is that the foregoing statements by Ashlock are statements of opinion, not of fact, and as such cannot form the basis for an action for defamation. Of...
How Do I File A Slip And Fall Lawsuit?
The first procedural step of filing a slip and fall lawsuit is the preparation of a complaint, which sets forth the details of your case including the facts and circumstances surrounding your accident, the damages or injuries you sustained, your legal claim (i.e.,...
Do You Need a Personal Injury Lawyer?
Whether or not you need a personal injury lawyer depends on the specific circumstances of your case. If you have been injured in an accident that was caused by someone else's negligence, you may be entitled to compensation for your pain and suffering, medical bills,...
Is A Statement Defamatory If It Harms One’s Profession?
According to Florida law, statement is defamatory when it injures person in his trade or profession: Generally, a statement is defamatory when it injures a person in his trade or profession. See Adams v. News–Journal Corp., 84 So.2d 549, 551 (Fla.1955); Seropian v....
Is There A Duty To Warn Of Open & Obvious Hazards in Florida?
According to Florida case law, there is no duty to warn one of open and obvious hazards: There is no evidence that sheetrock per se is inherently dangerous. Whatever danger existed by reason of its weight was quite obvious to and actually encountered by Mrs. Dyke in...
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