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Florida Supreme Court Tosses Wrongful Damages Cap Applied by Lower Court

A number of people in Florida and across the country suffer from a serious nicotine addiction, which they satisfy by smoking cigarettes. If you or your loved one has developed an illness due to a nicotine addiction after using cigarettes, you may be able to recover compensation for the injury. Our highly reputable Miami injury lawyers have represented numerous smokers and their families in personal injury cases, and can represent you as well. These cases are extremely tricky so having an experienced attorney advocating for you can be the difference between winning and losing a case.

Products Liability Cases

Consumers expect products to be safe. While it is now commonly understood that smoking is bad for your health, this was not always the case. People were already addicted to cigarettes long before tobacco companies began warning smokers of the risks on the packages. This intentional disregard for public health often makes tobacco companies and cigarette manufacturers susceptible to products liability lawsuits. These lawsuits intend to hold manufacturers accountable for placing hazardous products into the stream of commerce.

Wrongful Death Case Caused by Dangerous Product

Florida’s highest court recently published an opinion rebuffing a lower court’s ruling to enforce a seemingly clear-cut rule pertaining to the extent of compensation a party filing a wrongful death claim in the state is allowed to recover. The Supreme Court determined that the court had made a mistake in failing to defer to the jury decision and the trial court ruling in not allowing the defendant’s request to lessen the total compensation given by the jury to the plaintiff.

A woman who lost her mother to lung cancer filed the lawsuit against a cigarette manufacturing company. The jury found that the deceased woman’s addiction to cigarettes was the cause of her death. The Fourth District Court of Appeal reversed the award stating that “no matter” what the evidence shows, a child who is over the age of 21 and does not live with the parent during the parent’s smoking-related illness and death is not eligible to receive millions of dollars in compensatory damages.

The Supreme Court disagreed, explaining that the Fourth District should have given the trial court’s decision great deference and it could only be reversed if it could be demonstrated that the judge abused his or her discretion. Here, neither the legislature nor the Florida Supreme Court has recognized a cap on the amount of noneconomic damages that a survivor may obtain in a wrongful death lawsuit. The lower court provided an adequate basis for its decision and there was no abuse of discretion in the case. Thus, the original verdict was reinstated in favor of the plaintiff.

Seasoned Miami Injury Attorneys

If a defective product has caused you harm, we can help. At the Law Offices of Robert Dixon, our seasoned Miami products liability attorneys have extensive experience handling tobacco-related cases. If we take on your case, you can rest assured that we will thoroughly investigate every aspect of it and come up with a legal strategy accordingly. Our goal is to hold the negligent party accountable and get you the compensation you rightfully deserve. To discuss your case with a lawyer who truly cares, call us at 1-877-499-HURT (4878) or reach out to us online.

More Blog Posts:

Accidents Caused by Keyless Ignition in Florida, South Florida Injury Lawyer Blawg, October 31, 2018

9-Year-Old Twin Sisters Killed in Florida Head On Collision, South Florida Injury Lawyer Blawg, October 31, 2018

Honda and Acura Recall 1.4 Million Cars due to Airbag and Backup Camera Defects, South Florida Injury Lawyer Blawg, October 31, 2018