Category Archives: Wrongful Death

When Is a Florida Car Owner Liable for an Auto Accident?

By Paul B. Genet |

Since the 1920s, Florida courts have applied a “dangerous instrumentality doctrine” when assessing liability for auto accidents. Basically, this doctrine holds that the owner of any motor vehicle is vicariously liable if they “voluntarily entrust” said vehicle to a person “whose negligent operation causes damage to another.” The idea behind this rule, as the… Read More »

Florida Court Dismisses Wrongful Death Lawsuit Against Hospital Accused of Falsifying Records

By Paul B. Genet |

Florida law treats medical malpractice differently than most personal injury cases. If a normal person is negligent, and you suffer an injury as a result of that negligence, you can sue that person for damages in court. But when the negligent person is a health care professional, Florida law grants him or her special… Read More »

Can You File a Wrongful Death Lawsuit If a Family Member Dies on a Cruise?

By Paul B. Genet |

Cruises are big business in South Florida. According to the American Association of Port Authorities, the cruise industry is responsible for “more than 140,000 jobs and more than $7.3 billion in direct purchases in Florida” alone. But if you are one of the thousands of Floridians who are considering taking a cruise this year,… Read More »

Who Can Be Held Liable in a Wrongful Death Lawsuit?

By Paul B. Genet |

When a person dies due to someone else’s negligence, even if it is unintentional, the victim’s family may have a cause of action for wrongful death. Under Florida law, a party is negligent when it violates a duty owed to the victim. Such a duty exists whenever a person “undertakes to provide a service… Read More »

The Wrongful Death of Trayvon Martin?

By Paul B. Genet |

George Zimmerman’s acquittal for the February 26, 2012 fatal shooting of Trayvon Martin generated global controversy. Zimmerman scuffled with Martin prior to Martin’s death in a gated community in Sandford, where Zimmerman was a volunteer neighborhood watchman and Martin temporarily lived. On February 26, 2012, Zimmerman reported Martin to police for suspicious activity and… Read More »

When a Drunk Driver Kills – Filing Wrongful Death Charges

By Paul B. Genet |

Don’t drink and drive. In the United States nearly 30 people die in drunk driving accidents every day. Drinking even a small amount of alcohol can impair a driver’s reflexes enough to cause an accident. The penalties for driving while under the influence of drugs or alcohol can be severe, ranging from suspension of… Read More »

Wrongful Death Lawsuits in Florida

By Paul B. Genet |

In 2008, a University of Central Florida football player collapsed during a pre-season conditioning drill and later died. In a subsequent wrongful death lawsuit, a jury found the University of Central Florida Athletic Association guilty of negligence and ordered it to pay $10 million to the young player’s family. The University’s insurance company, Great… Read More »

Justice After Death

By Paul B. Genet |

Robert Champion, a 26-year-old drum major at Florida A & M University (FAMU) died in 2011 as a result of a brutal fraternity hazing ritual. Champion’s family sued FAMU under Florida’s Wrongful Death Act. FAMU argued that it is not responsible because Champion entered into the beating ritual voluntarily. Florida enacted its Wrongful Death… Read More »

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