Exclusion of Expert Witness Testimony Causes Confusion in Injury Trial

We often talk about the role that experts play in personal injury cases, but experts can not just say anything in court, and when a judge allows or prohibits an expert from testifying as to an issue, or from answering a question, it can cause problems for the side presenting the expert. Recently, a case ended up being improperly decided …

Causation Seems Easy to Prove, But Can Be a Major Problem in Injury Cases

To recover for injuries sustained in an accident, it is vital to prove that the other side did something wrong—usually, some act or omission that was negligent. It is also vital to demonstrate how injured you are, or the “value” of your injuries in the eyes of the law. But there is a middle step that is often overlooked, that …

Sexual Assault is Common on Cruise Ships

Updated statistics on cruise ship safety have been published and they show a sad tale of how the industry is taking care of its passengers and taking appropriate safety precautions. The numbers are sobering reminders that cruises are enormous floating cities, but without many of the protections, both practical and legal, that one would expect from an actual city. Statistics …

Jurisdiction Can be a Problem in Product Liability Cases

If you are injured due to the fault of another, and the liable party is a company (that is, not an individual, as in a car accident), there are some key questions to answer. Who may be liable is the primary question. How they are liable is another key question. It is easy to overlook another question that can be …

Recognizing the Common and Uncommon Forms of Drowning

As summer is upon us, and the weather gets hotter, pool season approaches. When we think of pool safety, the first thing we think of is the risk of drowning and the need to supervise our young ones and watch over them closely when they are in a pool so that we can react if there is a problem. While …

Is There a Legal Obligation to Assist Others in Emergency Situations?

Often, morals or ethics can conflict with legal duties and responsibilities. Surely, making sure that citizens are safe and that we can go about our lives free from the fear of being injured through other people’s negligence is not just a legal obligation, but also a moral and social one. One area where moral and legal obligations may contradict one …

Trespassers Have a Tough Time Recovering Damages

When we think of someone who is a trespasser, we often think of a criminal; someone who secretly and illegally invades someone else’s property with the intent to cause harm and who is there against the will of the person who owns the property. But in law, a trespasser is often someone who is more innocent than that, and in …

Special Issues Involving Motorcycle Accidents

When we think of accidents on the road, we tend to think only of plain old cars. It is easy to forget that we share our roadways with motorcyclists. Florida’s year-round sunshine makes it an ideal location for motorcycle riding. To many, riding a motorcycle is not just a means of transportation, but a hobby or a lifestyle and a …

Legal Issues in Trucking Accidents

When trucks are involved in accidents, the results can be devastating. Their sheer weight alone, as well as often flammable or hazardous cargo, make them the cause of too many dangerous and often fatal roadway accidents. Trucking Laws Truckers are subject to a complex web of federal and state regulations. Truckers who drive in the State of Florida must: Be …