A Florida law that took effect last year attempted to make it more difficult for injured shoppers to file a claim against the stores which injure them.  This new law pertains to slip and fall cases only which are not to be confused with trip and fall cases.  Slip and fall lawsuits and the burden of proof that goes with them are regulated by Florida Statute 768.0755: Premises liability for ... [Read More]

Recently, the federal government program that inspects various foods imported into the United States discovered the presence of salmonella poison in 5-ounce clamshell packages of “Private Selections” Organic Baby Spinach and 10-ounce clamshell packages of “Marketside” Organic Baby Spinach.  The program likely prevented thousands of people from becoming ill as well as possibly saving lives.  Most people recover from Salmonella in a few days, but some can be left with ... [Read More]

At Donaldson & Weston, PA we understand how important the plaintiff's deposition is. We often say that the plaintiff's deposition is not the time to "win" the case, but more so an opportunity not to "lose" the case. Clients often feel obliged to prove how bad the accident was, their injuries are, or their future will be. We view a plaintiff's deposition as the time not to exaggerate. Instead, we ... [Read More]

Our clients are frequently frustrated when they find out that they have to reimburse their health insurance company after they receive a financial recovery in their personal injury claim.  Unfortunately a health insurance company in Florida has the right to be reimbursed for any treatment it has paid on behalf of a client once the client receives the settlement of verdict.  This is often surprising to clients because most clients ... [Read More]

Pretty much everyone, young and old, knows John Travolta in the movie Saturday Night Fever.  And even if you don't follow US Weekly or the National Enquirer, you have heard and entertained or shocked by the John Travolta masseuse solicitation cases.  Its always interesting how Travolta can live his whole life without being accused of this and now all of a sudden he has 3 massage therapist that have accused ... [Read More]

Often time, the at fault party in an accident is given a ticket, for following to close, failure to yield, careless driving, running a stop sign, etc. Similar to the police report privilege in Florida, there is a similar rule which doesn't allow the plaintiff or defendant to admit or discuss whether there was a citation issued.  Many of our clients ask how could that be, when the police knew ... [Read More]

Did you know that if you are the victim of a violent crime while on someone else's property you may have a claim against the property owner for not providing adequate security? In Florida all property owners owe all guests a safe crime free environment.  Its this duty that creates a victim's right to fail a claim for negligent security.  As attorneys one of the main factors we look at ... [Read More]

Did you know that in Florida accident reports created by law enforcement are not admissible in trial? As a matter of public policy, auto accident reports are inadmissible as a matter of public policy. The goal of this law is to promote the parties of an auto accident to tell the truth to law enforcement about the accident. The rule does not apply to other types of law enforcement reports.