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The status of Florida’s slip-and-fall standard

The Florida Legislature repealed § 768.0710, Fla. Stat., which related to the burden of proof in  negligence claims involving transitory foreign objects, like puddles, banana peels, etc.  § 768.0710 required “a duty of reasonable care to maintain the premises” and also did not require “actual or constructive notice of the transitory foreign object or substance.”  … Continue reading

Admitting blood-alcohol test results in civil cases

Blood-alcohol test results can be crucial to the success of a motor vehicle case.  Admission of those results, however, will depend upon their relevance.  § 316.1934(2), Fla. Stat. (2011) provides:  [U]pon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person while driving, … Continue reading

Noneconomic damages are capped in Florida medical malpractice cases

What’s fair is fair.  Well, not always.  Even if a jury decides your medical malpractice injury is significant, the award can be slashed by Florida law.   § 766.118, Fla. Stat. caps noneconomic damages, which include pain and suffering, physical impairment, mental anguish, disfigurement, loss of capacity for enjoyment of life and other nonfinancial losses.  Generally, … Continue reading

Medical malpractice deadlines

Act quickly!  Unlike diamonds, medical malpractice claims do not last forever.  Florida Statute § 95.11(4) sets certain time limits for the commencement of medical malpractice actions.  The statute of limitations requires filing within 2 years of the incident or within 2 years from the time the incident is discovered or should have been discovered with … Continue reading

Is a worker’s compensation carrier liable for delays in approving treatment? Maybe…

Everyone gets frustrated with delays.  Traffic jams, long lines at the DMV and waiting at the airport can be infuriating.  But when your health is on the line, delays can be deadly.   What happens when you are injured at work, your doctor proscribes emergency treatment and the worker’s compensation carrier delays approval causing further injury?  … Continue reading

Welcome to Miami!

Thank you for viewing my blog.  I hope to use this platform to discuss practice tips, case law and emerging trends in Florida personal injury, product liability, medical malpractice and premises liability litigation.  My background and a little information about me can be found here. I encourage you to comment on this blog or contact me … Continue reading

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Author

Matthew Mazzarella is a trial attorney at Hannon & Boyers, P.A.

Warning

The comments on this blog are provided for informational purposes only and DO NOT constitute legal advice or create an attorney-client relationship.

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