Defective Bicycles
- Can a plaintiff sustain a cause of action for a defective bicycle helmet?
What is required to be included in a bicycle instruction manual?If a manufacturer's design for a bicycle is found to have been less safe then an alternative design, can the manufacturer be held liable for a defective design?
Duty to Maintain Bicycle Pathways or Roadways
- Is a muncipality liable for defects that it has no actual or constructive knowledge of?
- May a govermental entity liable for failing to maintain the bicycle paths or roadways?
Child Injury Resulting from Dog Bite and Animal Attacks
What is the purpose of a "bad dog" sign?
What constitutes an easily readable warning sign?
Can a dog be declared dangerous if the dog was actually protecting or defending a person in the vicinity of the dog?
Does a defendant dog owner have to have knowledge of the dog's vicious propensities?
Landlord's Liability for a Child's Injuries
Can a Landlord be held liable for a latent defect for failing to disclose or concealing the existence of the condition to a tenant or anyone else on the premises?
What does a plaintiff need to demonstrate in order to proved that a landlord violated the Florida Residential Landlord and Tenant Act?
Can a parent's negligence with respect to the supervision of their children preclude their recovery against a landlord for negligence when the child is injured in a rental property?
Pharmacist's Negligence
Child Injuries Due to Vaccination Side Effects
- What is the purpose of the National Childhood Vaccine Injury Act?
- What do claimants need to show in order to file be compensated under the National Childhood Vaccine Injury Act?
To file a claim under the NCVIA do claimants have to show that the administered vaccine was defectively manufactured, labeled, or designed?
Burn Injuries to a Child
Prescription Drug Side Effects
Choking and Suffocation Injuries
Child Injury due to Falls
- How can a property owner prevent an injury to a child from a fall?
- Does a store owner owe a duty of care to a child invitee?
- Does a Landlord owe a duty of reasonable care to a minor tenant?
Firearm Liability
- Can a firearm dealer be held criminally liable as well as civilly liable for selling weapons to minors?
- Can a gun owner be held liable for the injuries inflicted by a minor child with a gun that he or she has permitted the child to have or has left accessible to the child?
Boating Accidents Involving Children
- Can a negligent personal water craft owner be held liable for a child's injury even if the parent's of the child executed a pre-release contract?
- Can a water vessel owner be held liable for allowing a person who is physically or mentally incapable of handling the operation of such a vessel?
- May a boat livery be held liable for negligent entrustment if a child is injured in a boat accident by an operator that was not properly instructed on how to safely operate the vessel?
Is a parent's execution of a pre-injury release of liability on behalf of his or her minor child enforceable?
Child Injured due to ATV Accident
- Is an ATV manufacturer liable for failing to give an appropriate warning that the average consumer can understand?
- Can a parent be held liable for the injuries or death of someone else's child if their child is not the operator of the ATV at the time of the accident?
Wrongful Birth Claim
Wrongful Death 1800-DEATH-911
- How must notice of the death of a party be served on the other parties and on nonparties?
Is a cause of action for death of a crew member covered for remedies under the Wrongful Death Act?
- What statute constitutes a remedy for death caused by negligence on the high seas?
- What rights do you have to a wrongful death action?
- Do the survivors of unborn child have a right of action for wrongful death?
- Does a survivor of a decedent have a remedy under the Florida Wrongful Death Act if the decedent was killed in an accident that occurred in the course of his or her employment?
- If an employer causes the death of an employee as a result of an intentional tort, is there a remedy under the Workers' Compensation Act?
- Are all causes of action that arise from the course of employment covered uinder Florida's Workers' Compensation Act?
Can a survivor bring a cause of action for a deceased plaintiff's personal injury action?
- What is the statute of limitations for a survival action?
- Can a defense of comparative negligence against a survivor bar or reduce the recovery of all of the survivors?
- Can a defense of comparative fault of the decedent bar the recovery of all the survivors?
Which collateral sources cannot be deducted from damage awards?
- What happens to a survivor's awarded damages if he or she dies prior to the rendition of the final judgment?
How does a comparative fault judgment of a nonparty effect the plaintiff's recovery?
- What is required for an adopted sibling or other relative to recover economic damages?
- What is the Statute of Limitations for a Wrongful Death Case?
Are there exceptions to the statute of limitations for a wrongful death action?
- Where is venue proper in a wrongful death action?
- What happens to a decedent's cause of action for personal injury if it results from the same incident as the wrongful death action?
- How does the verdict form apportion each claimant's damages?
Must settlements be approved by the court?
- Who may recover damages for mental pain and suffering in a wrongful death action?
Who may recover for loss of companionship of the decedent?
Are damages for loss of parental companionship, instruction, and guidance limited to the period of a child's minority?
- What damages are recoverable by a decedent's estate?
- How do Plaintiffs establish recovery for punitive damages?
When will a court not approve a jury's award for economic damages?
- What are some factors for the jury to consider when determining pecuniary damages?
What type of damages are recoverable by a surviving spouse in a wrongful death action?
Prenatal Injuries
Birth-related Neurological Injuries
Premises Liability Regarding Children
Is a property owner liable for an injury to a trepassing child if he or she had no knowledge of the dangerous condition's existence?
- Are business owners who invite children to enter their business premises required to exercise a higher degree of care for children then what is required for adults?
Is an elevator owner liable for the negligence of an elevator attendant?
- What is the duty of a property owner to a child licensee?
Are there any exceptions to the rule that a property owner is not liable for the injuries of a child trespasser?
Car Accidents
- Can the insurace defense lawyer get a set off against your chidl Court recovery if your child had not PIP insurance?
- My husband hit me with the family car, by accident ofcourse. can I file a claim agasint him ?
If I get in to a car accident and my doctor makes me worse off while he was treating me for the injuries related to my car accident can I sue the person that caused it all to being with for the doctors negligence?
- If you have exhasuted your PIP benifits, but still have a potential UM claim and the carrier (that is your insurance company) wants to send you a Doctro of a medical exam, do you have to copmly?
- What Happens if in you application for Um insurance you have your daughter listed as living with you but in the actual policy she is not a named insured? is there coverage
- What if you had an MRI and the Radiologist said that you had a minor bulge... but some time has passed and you still have major pain in your spine and you are wondering about getting a second opinion? should you do it?
- In a West Palm Beach car accident case, can the defense refuse to turn over surveillance evidence?
- Do I have to go to an examination under oath for my UM case against my own insurance company?
- Does a West Palm Beach car accident lawyer have a duty to protect a lien signed by his/her client?
What happens if I don't know whether I selected UM coverage when I purchased car insurance on the internet?
- What if a person buys a replacement vehicle, does not inform the insurance company and 21 days later gets into an West Palm beach car accident and the PIP carrier denies coverage?
- Once a West Palm Beach car accident lawsuit is filed and mediation has been set can an out-of-state defendant appear at mediation by telephone?
- I got in to a car accident, I do not have rental car coverage and I have no car becase my car is not drivable, what should I do?
- What is the person who hit me in the car accident has no insurance?
- What is the person who hit me in the car accident has no insurance?
- Wha happens if my PIP runs out and I put my accident bills through my health insurance?
- Are potential proceeds from a West Palm Beach car accident case considered a bankruptcy asset and therefore belong to the bankruptcy trustee?
Are children capable of being legally negligent?
- Can you get a court order requiring the defendant to produce medical records to prove his/her blood alcohol level in a West Palm Beach car accident lawsuit?
- Once a CRN (civil remedies notice) is filed, how long and to whom does the insurance company have to respond in a first party bad faith case?
- Does the Department of Revenue have a lien on proceeds from West Palm Beach car accdient lawsuit proceeds for unpaid child support?
- Can you request punitive damages in a West Palm Beach car accident case where the at-fault driver was intoxicated?
Can a defense attorney in a West Palm Beach car accident case get a court order preserving the plaintiff's body for an independent medical examination or IME before surgery?
- If you file a lawsuit in Palm Beach County, Florida where you reside and then move to another county during the lawsuit, can you be forced to appear in a deposition in Palm Beach County?
- If you are a passenger in your parents' car being driven by your boyfriend/girlfriend and another car hits you, can you get PIP benefits from your parents' policy or the other driver's policy?
- Is a scooter considered to be self-propelled or a personal passenger automobile?
- What are the remedies in West Palm Beach strict liability, negligence per se and prima facie evidence of negligence cases?
- What is forum non conveniens?
- Can the officers of a condo or homeowner's association be individually sued in a West Palm Beach personal injury case?
- What is diversity in a West Palm Beach car accident case?
Swimming Pool Negligence
- Does the owner of a swimming pool have a duty to fence the pool?
May a governmental entity be held liable for a child's injury or drowning at a governmental swimming facility?
Automobile Accidents Involving Children
Does the jury determine whether a driver excercised reasonable care in a cause of action for injury to a child pedestrian?
What type of relationship is necessary between the insured vehicle and the accident for liablity to be established?
- May a driver be held liable even if he or she never observed the child before the accident?
- Is a driver liable if a child suddenly runs into the road?
Seat Belt and Child Safety Restraint Liability
School's Failure To Supervise Children
- How should a contractor advise a school regarding toxic substances on the school site?
- Can a release form to release a school from liability bind a child if the parent is the one who executes it?
- Does a school board have a duty to protect non-student children from injury or assault on its premises?
Does a school board have sovereign immunity against liability for negligent supervision of its students?
- How far does a school board's duty to supervise its students during transportation extend?
Playground and Park Liability
- Can a municipality be held liable for an injury resulting from a defective condition on a playground?
Does an exemption from playground liability extend to a municipality?
Amusement Place Liability
- Can a plaintiff use previous accidents to prove the Owner's Liability?
- Who determines whether an a dangerous condition was open and obvious?
- Can a proprietor of an amusement place be held liable for the actions of a third party?
- What is the duty of an amusement place owner?
Can liability be imposed on a proprietor of an amusement place that is not the owner of the premises?
Defective Car Seats
Breach of a Fiduciary Duty
- What are the elements for a cause of action for a breach of fiduciary of duty?
- When is a fiduciary relationship expressly created?
- When is a fiduciary relationship impliedly created?
- In a cause of action for breach of fiduciary duty does the principal have to prove that he or she actually suffered a loss?
- What is the test for a breach of fiduciary duty for an attorney/client relation?
- When does a creditor/debtor relationship between a bank and a borrower become a fiduciary relationship?
Defective Toys
Does a manufacturer have a duty to exercise reasonable care regarding the design of a product?
Will lack of proof of a manufacturer's prior possession of a defective toy preclude the action?
Slip and Fall Action
Cause of Action for Collections of a Worthless Check, Draft or Order of Payment
Is a signer of a check liable if the represented person is identified on the check?- Can a representative or agent be held liable on an instrument?
- Does the signature of an obligor need to be made manually to be considered valid?
- Is a payee entitled to charge the maker of a check a service fee for a returned check?
What are the required elements for a cause of action for collection of a worthless check, draft, or order of payment?
Cause of Action for Fraud
What is the statute of limitations for a cause of action for fraud?
- How does a plaintiff establish a claim for fraud?
Dog Bite Claim
How does a warning sign limit a defendant owner's liability in a dog bite claim?
- Does a defendant have to have knowledge of the owner's vicious propensities to be held liable?
Cause of Action for Contracts Implied by Law
What is a contract implied in law?
- How are contracts implied in law different from other contracts, such as express contracts and contracts implied in fact?
Tortious Interference with Contractual Rights
Conversion Action
What is the Statute of Limitations for a converion action?
- Are punitive damages allowable for conversion actions?
Breach of Implied Covenant of Good Faith & Fair Dealing
Civil Conspiracy
- What are the elements for a action to defraud?
- Can a plaintiff maintain a conspiracy action for damages to his or her business?
Negligent Employment
Employment Discrimination
- Can an employer terminate or refuse to hire or promote an individual based on his or her marital status?
- Can a defendant assert a defense that the plaintiff's disability limits him or her from qualifying for a particular job?
- Who has the intitial burden in a employment discrimination action?
- Can a plaintiff file a claim for employment discrimination against a defendant due to the defendant's further discrimination after the plaintiff has pursued a discrimination action?
- Can obesity be considered a disability for the purpose of an employment discrimination action?
- What are the elements for an employment discrimination action?
Defamation Action
Assault and Battery
- What type of compensatory damages may a plaintiff recover for assault and/or battery?
- Can you sue for assault and battery?
What is an assault cause of action?
- What is the cause of action of battery?
- What are the essential elements of assault?
- What are the essential elements for a cause of action for battery?
Invasion of Privacy
- What are the four categories for the invasion of privacy tort?
- What are the essential elements of intrusion?
- How does a plaintiff establish a cause of action for public disclosure of private facts?
- What are the essential elements of a false light claim?
- What is the difference between a common law appropriation action and a statutory appropriation action?
Abuse of Process Action
- What is the statute of limitations for an abuse of process action?
- What are the essential elements of an abuse of process cause of action?
Negligent Misrepresentation
Unjust Enrichment
- What elements are required for a claim of unjust enrichment?
- What type of recovery may a plaintiff obtain in a cause of action for unjust enrichment?
Tortious Interference With An Advantageous Business Relationship
- Is malice a required element for tortious interference with an advantageous business relationship?
What is the difference between the causes of action for tortious interference with an advantageous business relationship and tortious interference with contractual rights?
- What are the elements for tortious interference?
Is it necessary that a plaintiff prove that he or she had a business relationship with the defendant to prevail on a cause of action for tortious interference of an advantageous business relationship?
Intentional Infliction of Emotional Distress
- What is a cause of action for Intentional or Reckless Infliction of Emotional Distress?
- What are the two theories of recovery for Intentional or Reckless Infliction of Emotional Distress?
- What are the elements for Intentional Infliction of Emotional Distress under the "independent tort" theory?
- What are the elements for an Intentional or Reckless Infliction of Emotional Distress Action?
Negligent Infliction of Emotional Distress
- How does the impact rule preclude recovery for negligent infliction of emotional distress?
- What are the required elements under the impact rule?
- How does the plaintiff prove causation for negligent infliction of emotional distress?
- What is Negligent infliction of Emotional Distress?
Cause of Action for Breach of Express Warranty
Malicious Prosecution
- What are the two types of malice?
- Does a cause of action for malicious prosecution require that the prior proceeding be instituted with malice?
False Imprisonment
- What does the plaintiff need to show to recover punitive damages?
- What is the statute of limitations for a cause of action for false imprisonment?
- Does a plaintiff need to prove that the defendant actually confined him or her in a jail or prison for a false imprisonment action?
- Does the plaintiff need to prove that force was used to confine him or her?
General
- What are the elements required for a strict liability claim for a defective bicycle?
- Is a warning sign a sufficient measure for a property owner to use to prevent a child from being injured?
- Does a child have to be directly involved with the business dealings that bring the child to the property in order to be considered a business invitee?
- What is a drawer's liability on a draft if it is drawn without recourse?
- Can a plaintiff maintain a cause of action for employment discrimination based on unlawful employment practices in publishing an advertisement?
- Is there an alternative basis for conspiracy where there is no underlying tort?
- What is the test for an actionable civil conspiracy action?
- Do you have to be an owner of the property in order to establish a cause of action for conversion?
- Can a plaintiff assert a claim for tortious interference against a party to the contract?
- When is tortious interference with an advantageous business relationship privileged?
- What is a bona fide termination of a prior litigation?
How does a court determine which jurisdiction's substantive law will govern the case?
