challenges you face.
Is failing to keep napkins off restaurant floor negligence?
According to Florida case law, a restaurant owner’s failure to make reasonable efforts to keep transitory foreign substances of the floor, such as napkins, is considered negligence: We are further persuaded that the evidence of the defendant's negligence was clear and...
How does a judge decide if a defamation claim is actionable?
According to Florida law, a court determines if a statement is defamatory by examining it in the context of its publication, considering all the surrounding circumstances: To determine whether a statement is actionable, the court must examine it in the context in...
How do courts assess substance duration on floors?
According to Florida case law, courts consider several factors including evidence of footprints, track marks, changes in consistency, drying of the liquid, and whether the substance was dirty or scuffed to determine how long a substance might have been present on the...
What does “transitory foreign substance” mean in Florida?
According to Florida case law, a "transitory foreign substance" is any liquid or solid substance, item, or object that is located in a place where it does not belong. A business can be held liable for a slip-and-fall incident if it had actual or constructive knowledge...
Did Disney’s negligence cause an injury at Haunted Mansion?
Here's what happened: Joseph (Jobie) McCabe, Jr., a minor, by and through his mother, Jayne Flanigan, filed a lawsuit to recover damages for personal injuries received when Jobie fell over a low railing while engaged in “horseplay” with several friends while inside an...
How Do Future Care Costs Affect Your Injury Settlement?
Future medical care costs can significantly impact your personal injury settlement in Florida. These economic damages are the medical expenses that you're expected to incur after your case has been settled. They can include ongoing treatments, rehabilitation,...
Are Uneven Floor Levels An Inherently Dangerous Condition?
According to Florida case law, uneven floor levels are obvious and not inherently dangerous conditions: Uneven floor levels are obvious and not inherently dangerous conditions as a matter of law. E.g., Casby v. Flint, 520 So.2d 281, 282 (Fla. 1988) (finding that...
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,...
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