What are the laws governing spinal injury liability?
In Florida, spinal injury liability law is governed by the Florida Statutes. This type of statute seeks to protect injured individuals from negligence and wrongful conduct that results in spinal cord injuries. Essentially, it holds people or entities responsible for any failure to use reasonable care that results in a spinal cord injury. In order for this type of legal action to be successful, the plaintiff must prove that the defendant failed to exercise a reasonable level of care or responsibility to ensure the safety of the plaintiff. In the case of accidents or injuries that lead to spinal cord damage, the law recognizes that, in most instances, the person responsible for the injury caused by negligence or wrongful conduct should be held accountable. The courts in Florida use a modified comparative negligence rule in cases involving spinal cord injury liability. This means that if the courts determine the plaintiff was partially at fault for the injury, the amount of damages awarded will be reduced proportionately according to the plaintiff’s degree of fault. In addition, some forms of spinal injury liability claim involve the application of product liability law. This law holds that an injured person can bring a lawsuit against the manufacturer or supplier of a product if the product was defective and that defect caused the injury. Finally, Florida has laws that recognize that some spinal cord injuries can be caused by medical malpractice. In order to make a successful claim in this type of case, the plaintiff must prove that the healthcare provider failed to follow accepted instructions of care and that failure directly caused the injury. The plaintiff must also prove that other healthcare providers in a similar situation would not have acted in the same manner.
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