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Negligence


Experienced Attorneys Handling Complicated Negligence Issues

Assistance with all types of premises and products liability cases

Negligence is any behavior that falls short of the legal standards established to protect others against harm. A person or corporation may face accusations of negligence if they have acted in a way that is significantly different than the conduct of a reasonably prudent person in the same situation. For dependable legal guidance for the negligence-related issues, consult with the Fort Lauderdale law firm of Loughren & Doyle, P.A. Our primary goal in any case is our clients’ satisfaction, and we leverage our more than 100 years of combined experience to benefit you in all ways possible. Work with our small, boutique firm for the personal attention and dedicated service you need.

Products liability issues

Sometimes product defects result in injury or other harm to users. This issue generally falls into one of three different categories:

  • Design defects. This is also known as an “inherent” defect, as the problem lies in the product’s design. An example of a design defect might be a car model that flips easily when taking fast turns.
  • Manufacturing defects. This type of defect results from mistakes in the manufacturing process, such as improper assembly.
  • Marketing defects. Marketing defects occur when the way in which a product is sold makes it dangerous to use. For example, an inadequate warning label might be considered a marketing defect.

Under Florida law, if a product is deemed unreasonably dangerous for any reason, the manufacturer will be held liable whether or not negligence was a contributing factor. It must be determined that the manufacturer had knowledge of the defects and refused to correct the problem to prove negligence. This is especially true if the defect caused a fatal accident, in which case you may need to file a wrongful death claim.

Property owner liability with premises liability

Premises liability addresses the issue of injuries incurred on another person or business’s property. “Slip and fall” cases are commonly seen in issues of premises liability. In these cases, if a person slips on a foreign substance in a business establishment, the establishment might be responsible for any resulting damages. As of 2010, Florida law requires that for a business to be found negligent, the injured person must be able to prove that the business had knowledge of the dangerous condition and refused to take remedial action.

Investigating auto accidents

Auto accidents can have many different causes, but the most common cause in Florida is careless driving. According to Florida law, all residents are required to purchase car insurance that covers personal injury and property damage liability. Because Florida is a no-fault insurance State, a driver’s insurance will pay the medical costs resulting from an injury regardless of who was at fault. However, if it can be proven that the other driver was at fault due to negligence, the injured party can also collect damages from the other driver’s liability insurance. You may need the assistance of a skilled civil litigation attorney when dealing with these issues.

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