Tag: tort-law
-
How can I establish negligence?
The burden of proof in a tort case, as in most civil law cases, is lower than the proof required in criminal law cases. In a criminal case, the prosecution must prove a person’s guilt beyond a reasonable doubt. To succeed in a personal injury lawsuit based on tort law, the plaintiff only needs to…
-
What is Personal Injury?
Personal injury can be defined as having suffered an injury to one’s body. Personal injury law offers a platform for individuals harmed in accidents to pursue reimbursement. To be eligible, claimants must have suffered injury because of the negligence, recklessness, or deliberate conduct of the accused individual(s). Accused parties may include persons, enterprises, or governmental…
-
Florida’s New Law Cuts Time to Sue for Negligence in Half – What You Need to Know
1. The tort reform bill HB 837 signed by Florida Governor Ron DeSantis cut the statute of limitations for negligence claims in half, from four years to two years. 2. A statute of limitations is a time limit set on when a plaintiff must file a lawsuit after their cause of action first accrues, or…
-
Navigating Legal Systems: Florida vs. Foreign Countries
1. Litigating in a foreign jurisdiction can be a potential legal problem for U.S.-based product manufacturers and service providers doing business in Latin America. 2. Claimants may initiate litigation in a foreign country, but defendants often find themselves litigating in Florida state or federal courts. 3. Defendants faced with litigation in Florida courts must make…
-
Understanding Contractor Negligence in Florida Construction Problems
1. Construction defects in Florida can cause water leaks, mold intrusion, and disruptions to everyday life. 2. Typical sources of water intrusion include roofs, windows, sealant failures, stucco failures, and balconies. 3. Negligence is one possible cause of action that a victim of construction defects can assert against contractors in Florida. 4. To prove negligence…
-
Changes to Florida’s Shared Fault Law: What High School Students Should Know
– Governor Ron DeSantis signed a tort reform bill, HB 837, into law on March 24, 2023. – The bill brings sweeping changes to Florida civil tort law, including a shift from pure to modified comparative negligence. – Comparative negligence allows for damages to be awarded based on the degree of fault of the plaintiff…