New Law in Florida Determines what Negligence is

For many personal injury claims, often there is a turn on one part being negligent or not.  However, it has multiple meanings, and in some injuries, the issue definitely does depend on whether it was a negligent or a grossly negligent case. For example, in one case where one was a sub-contractor on a project that one worked with many under, a guy fell and was injured.  In response, the contractor did sue the parties that the company he was working for associated with along with many others, but as well, he sued another sub-contractor.

However, this was dismissed from the case buy the sub-contractor because the employer’s own negligence wasn’t the contributing part of the injury. Though this, it was determine whether the action contributed to the cause of the injury. Because of that, whether the injury was due to the subcontractor the employer had or if the accident was because of the company in general, did determine the fate of the case.

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At the trial, the court did hear that the defendant didn’t cover up a hole that was actually cut through the scaffolding, but then the court did determine that it was nearly negligence and not gross negligence, and because of that, the lower court did dismiss the cases against the defendant.

When it went to appeal, the court actually reversed this, because the line between these two is often not very certain or distinct, and often, the question of whether the negligence was big or small, is typically determined by the jury.  Because it wasn’t resolved by the jury, it wasn’t fitting for the lower court to decide without the jury.

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What does this mean for personal injury plaintiffs now though? Well, it actually is very specific in this case, and it’s not one of those cases that caused a huge impact in Florida personal injury cases.  Many times, this sort of case really will affect only ones that are similar i9n a sense, such as in the case of personal injury suits that a subcontractor does bring to those that are employed.

For most other personal injury cases, it actually might not be the same, but if you do have a personal injury case that is similar in nature to the one described here, you might want to take it upon yourself to realize that in this sort of instance, it isn’t necessarily the judge determines the fate of someone who is filing the claim, but in fact, at a higher court, the jury are the ones that will be determining what will be happening to the suit that the plaintiff delivers, and from there, it’s best to realize that they hold the key to determining who is at fault here, and also it’s important to know that in this day and age, gross negligence is actually something that is different from the typical negligence that you might hear about, so it’s good to see the difference.

 

About Catherine Shaw

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