News & Analysis as of

Negligence Florida

Marshall Dennehey

Florida Court Holds Uber is Not Vicariously Liable for Driver’s Negligence in Fatal Accident

Marshall Dennehey on

Campo v. Uber Technologies, Inc., 2025 WL 15388 (Fla. 3d DCA 2025) - Florida’s Third District Court of Appeals affirmed summary judgment for Uber Technologies, Inc. and affiliated defendants (collectively Uber), holding Uber...more

Searcy Denney Scarola Barnhart & Shipley

3 Key Issues for Florida Car Accident Victims: “No Fault” Insurance, Bad-Faith Insurance Practices and Partial Fault

When you get injured in a car accident, your legal rights are determined by Florida law. Due to some unique aspects of Florida law, understanding your legal rights is often easier said than done. With that said, understanding...more

Goldberg Segalla

$18 Million Verdict Awarded in Asbestosis Case Following Trial against Manufacturer

Goldberg Segalla on

Jurisdiction: Broward County Circuit Court - A Florida jury on April 23 handed down an $18 million verdict in aperitoneal mesothelioma case brought by the law firm of Maune Raichle Hartley French & Mudd, LLC....more

Rumberger | Kirk

What Constitutes Spoliation of Video Evidence?

Rumberger | Kirk on

On March 12, 2025, in the lawsuit Wal Mart Stores East, LP v. Pineda, Florida’s Third District Court of Appeal held that Wal Mart (Walmart) did not negligently or intentionally fail to preserve evidence and that an adverse...more

Searcy Denney Scarola Barnhart & Shipley

Not Just a Joyride: How Florida Law Treats Golf Carts Like Motor Vehicles

Golf carts in Florida serve multiple purposes beyond the traditional golf course as they navigate between gated communities and sunny landscapes. These vehicles serve as the primary transportation option throughout numerous...more

DarrowEverett LLP

Fiduciary Duties and Remedies in Florida LLCs: What Members Need to Know

DarrowEverett LLP on

Disputes among members of a limited liability company (LLC) are inevitable. Unlike casual disagreements with friends or roommates, conflicts within an LLC can have legal and financial consequences. Recognizing this reality,...more

Searcy Denney Scarola Barnhart & Shipley

Florida’s Floating Time Bombs: The Legal Dangers of Unregulated Boat Rentals

Millions of tourists, along with local residents, flock to Florida’s pristine waters to take pleasure in the sun and sea while experiencing boating freedom. But beneath the picturesque surface lies a growing and often...more

Searcy Denney Scarola Barnhart & Shipley

Does Strict Liability Apply When You’re Injured by Exposure to Toxic Chemicals?

It is becoming almost impossible to avoid being exposed to multiple different chemicals on a daily basis. Companies use them to make their environments look and smell cleaner, to keep pests away, and to save time in...more

Rumberger | Kirk

Florida Legislature Seeks To Rescind Restrictions On Medical Malpractice Damages

Rumberger | Kirk on

With another legislative session nearing the end, many continue to keep a keen eye on certain legislative efforts meant to expand the extent of damages available in medical malpractice lawsuits. The sweeping legislation,...more

Searcy Denney Scarola Barnhart & Shipley

Florida’s Most Dangerous Intersections: A Guide to High-Risk Areas and How to Stay Safe

Florida has several extremely dangerous intersections. While intersections are among the most dangerous areas for drivers in general, certain intersections are known to be much more dangerous than others. Learn more from the...more

Marshall Dennehey

District Court of Appeals Tell Plaintiffs They ‘Can’t Have Their Cake and Eat It Too’

Marshall Dennehey on

Key Points: In Mickler v. Triplett, 397 So.3d 188 (Fla. 5th DCA Nov. 15, 2024), the Court of Appeal thwarted a new strategy from the plaintiffs’ bar to remove the causation question from the hands of the jury....more

Searcy Denney Scarola Barnhart & Shipley

Alligators, Sinkholes, and Other Unusual Florida Hazards That Can Cause Car Accidents

Drivers across the United States face a variety of risks on a daily basis. Unfortunately, Florida drivers face more risks than others. Florida has more fatal car accidents than almost any other state, with nearly 10 people...more

Searcy Denney Scarola Barnhart & Shipley

The Importance of Seeking Medical Attention After a Tallahassee Car Accident

Car accidents are an unfortunate reality on Tallahassee roads, with collisions occurring daily due to distracted driving, speeding, and other negligent behaviors. Whether an accident seems minor or severe, one of the most...more

Searcy Denney Scarola Barnhart & Shipley

The Role of Cruise Ship Traffic in Florida Car Accidents: How Port Areas Create Unique Risks

Florida is home to some of the busiest cruise ship ports in the world. Not only do U.S. residents flock to the state’s cruise ports to set sail for the Caribbean, but visitors from around the world buy cruises specifically to...more

Searcy Denney Scarola Barnhart & Shipley

Golf Carts and Car Accidents: Navigating Liability in Florida’s Retirement Communities

If you use a golf cart to get around your retirement community, you aren’t alone. Golf carts have been popular in retirement communities for decades, and they have become even more popular in recent years. If you’ve been...more

Searcy Denney Scarola Barnhart & Shipley

How to Handle Accidents Involving Uninsured or Underinsured Drivers in Florida

Accidents are stressful under any circumstances, but they can become even more complicated when they involve uninsured or underinsured drivers. In Florida, a state known for its high rate of uninsured motorists, understanding...more

Searcy Denney Scarola Barnhart & Shipley

Florida Wildlife and Road Safety: What to Do If an Animal Causes an Accident

Florida’s rich and diverse ecosystems are home to a wide range of wildlife, from deer and raccoons to alligators and bears. While this diversity is one of the state’s most cherished assets, it also poses a unique challenge...more

Searcy Denney Scarola Barnhart & Shipley

Wrongful Death Claims in Florida: A Guide to What You Need to Know

Losing a loved one due to someone else’s negligence or misconduct is one of the most devastating experiences anyone can endure. In Florida, the law provides a pathway for families to seek justice and financial compensation...more

Searcy Denney Scarola Barnhart & Shipley

How Florida’s No-Fault Insurance System Affects Your Accident Claim

Florida’s “no-fault” insurance laws provide certain protections, but in the process, they create a lot of confusion. Even worse, the no-fault system can limit your ability to seek compensation after a car accident. To fully...more

Searcy Denney Scarola Barnhart & Shipley

Florida Motorcycle Accident Victim’s Guide to Legal Compensation

Motorcycle accidents in Florida often result in severe injuries due to the lack of protection riders have compared to other motorists. If you or a loved one has been injured in a motorcycle accident, understanding your rights...more

Searcy Denney Scarola Barnhart & Shipley

The Top 10 Myths About Personal Injury Claims in Florida — Debunked

Personal injury claims are often misunderstood, and misinformation can prevent victims from pursuing the compensation they deserve. Whether you’ve been in a car accident, experienced a slip and fall, or suffered medical...more

Searcy Denney Scarola Barnhart & Shipley

How Fault Is Determined in Florida Auto Accident Cases

To seek full compensation for an auto accident in Florida, you need proof of fault. While personal injury protection (PIP) insurance provides “no fault” coverage, this coverage is limited, and it won’t nearly cover all of the...more

Searcy Denney Scarola Barnhart & Shipley

The Role of Expert Witnesses in Wrongful Death Litigation in Florida

When you need to seek justice for a loved one’s tragic and untimely death, it is important to have a team of experienced professionals on your side. This includes not only a wrongful death attorney in Florida but also experts...more

Searcy Denney Scarola Barnhart & Shipley

Filing a Wrongful Death Claim After a Fatal Auto Accident in Florida

When someone you love dies in an auto crash, it is a terrible tragedy. When the accident was caused by the actions of a negligent driver, Florida law allows family members to recover compensation for their loss by filing a...more

Rumberger | Kirk

How Florida’s New Comparative Fault Laws Can Help QSRs Reduce Liability Risk

Rumberger | Kirk on

In the highly competitive quick-service restaurant industry, fast-food chains are continually looking for an edge over their competitors. Some brands have found a way to distinguish themselves from other fast-food...more

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