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Exploring Liability in Personal Injury Accidents in Florida

Apr 19, 2024
Shamis & Gentile, P.A.
Personal Injury Attorney

Personal injury law in Florida covers many topics and circumstances and can, therefore, feel intimidating to understand for any victims who have been involved in an accident that was not their own fault.

In order to claim compensation and successfully argue a case, it is important to understand who is liable for the injury in order to place the responsibility of the accident correctly. In general, there are a few different types of categories that are important to understand.


As the name of this categorization suggests, being found liable in this manner refers to individuals or companies not fulfilling their duty, breaching rules or causing accidents due to negligence.

Every person and company is expected to exercise a level of care and concern that can be considered reasonable in a court of law, so reckless or distracted driving could be an example of the responsible party being found guilty of negligence.

Strict Liability

This term covers cases of personal injury in which no fault or intent was behind the actions or cause of the accident, but nonetheless, the party responsible can still be held liable if their actions or the product led to injury, damage, or otherwise harmed the victim.

For instance, this could be in the case of a victim being bitten by an animal on the street. While the owner of the dog might not have intended for the animal to bite the victim, the action did cause harm, and therefore, the owner could be liable.

Premises Liability

Another common type of personal injury lawsuit in South Florida comes from damages sustained on the premises of the responsible party. Sustaining an injury due to the lack of safe conditions or lack of maintenance would fall under the premises liability category.

This could happen when an individual slips and hurts themselves on a wet floor that was not adequately marked as dangerous or when they sustain an injury because the office building was not properly lit.

Product Liability

The final type of liability on our list deals with the legal responsibility that manufacturers, distributors, and even retailers bear when it comes to injuries caused by defective or outright dangerous products. This can also include marketing defects, such as failure to warn about the product’s side effects or risks.

An example from this category could be the Philips CPAP/BIPAP device recall, in which a severe flaw in the design of several types of machines released toxic chemicals into consumers’ lungs.

Regardless of which category your personal injury might fall into, it is important to consider legal representation. Establishing liability hinges on several factors, some of which are time-sensitive and thus require swift action.

Are you a victim of a personal injury accident in Florida? Whether it’s a car crash, bicycle accident, slip & fall, or any other wrongful injury, Shamis & Gentile is here to assist you. Our experienced team of personal injury attorneys specializes in various practice areas and is dedicated to helping you seek justice. Contact us today to discuss your options.

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