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Florida Legal
Insights & Commentary.
Commentary and practical guidance from KWBR's trial lawyers on commercial litigation, personal injury, and Florida law.
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Commercial Litigation
Commercial Lease Disputes in Florida: The Rent Deposit Rule, the Landlord's Lien, and the Remedies Each Side Actually Has
A Florida litigator's guide to commercial landlord-tenant disputes under Part I of Chapter 83: the three-day notice and summary eviction process, the § 83.232 court registry requirement that decides most contested evictions, the landlord's statutory lien and distress for rent, double rent for holdovers, the landlord's three options when a tenant abandons, acceleration and the limits on it, tenant claims for constructive eviction and CAM overcharges, personal guaranties, the tenant bankruptcy cap in § 502(b)(6), and the deadlines on both sides.
September 28, 2026
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Personal Injury
Hurt on a Cruise Out of a Florida Port: The Six-Month Notice, the One-Year Deadline, and Why the Case Is Filed in Miami
A Florida guide for injured cruise passengers and their families: why federal maritime law, not Florida negligence law, governs what happens on board, the ticket contract's six-month notice and one-year suit limits under 46 U.S.C. § 30526, the forum clause that sends nearly every case to federal court in Miami, the notice rule from Keefe and the vicarious liability path around it, shipboard medical malpractice after Franza, crew assaults, shore excursions, the Death on the High Seas Act, and the evidence to preserve before disembarkation.
September 25, 2026
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Personal Injury
Hurt on a Florida Construction Site: Why the Obvious Defendants Are Usually Immune, and Where the Real Claim Is
A Florida guide for injured construction workers and their families: why workers' compensation exclusivity under § 440.11 shields the employer and usually the general contractor, the narrow intentional tort and uninsured employer exceptions, horizontal immunity between subcontractors, the third parties who remain liable — owners, equipment makers, rental companies, design professionals, drivers and utilities — how the comp lien under § 440.39 works, why the immune employer still ends up on the verdict form, and the deadlines on both tracks.
September 23, 2026
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Commercial Litigation
FDUTPA Claims in Florida: The Statute That Lets One Business Sue Another for Deception — and Bills the Loser for It
Florida's Deceptive and Unfair Trade Practices Act is not just a consumer statute. A litigator's guide to the three elements of a FDUTPA damages claim, why businesses have standing under § 501.211(2) after Caribbean Cruise Line, the per se violation theory in § 501.203(3)(c), the safe harbor and industry exemptions in § 501.212, why actual damages exclude lost profits and consequential loss, the four-year clock that runs from the violation and not from discovery, and the two-way fee statute in § 501.2105 that turns a weak claim into a judgment against the plaintiff.
September 21, 2026
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Personal Injury
Drunk Driving Crash Claims in Florida: Punitive Damages Without the Usual Gatekeeping, Dram Shop Liability, and the Criminal Case Running Alongside Yours
A Florida guide for people injured by an impaired driver: why § 768.736 strips away the punitive damages proffer, the heightened burden, and the caps when the defendant was impaired, why a punitive judgment is usually uninsurable and what that means in settlement, the narrow dram shop exception in § 768.125 and how the habitual-addiction prong is actually proven, the vehicle owner's capped vicarious liability under § 324.021(9)(b)(3), how the criminal DUI prosecution helps and hurts the civil case, and the evidence that disappears in the first weeks.
September 18, 2026
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Personal Injury
Swimming Pool Drowning and Near-Drowning Claims in Florida: Chapter 515, the Attractive Nuisance Myth, and Who Is Actually Liable
Florida leads the nation in child drownings, and the law that governs these cases is not the one most families expect. A litigator's guide to the Residential Swimming Pool Safety Act, the barrier requirements of § 515.29, public pool regulation under Chapter 514 and Rule 64E-9, why a pool is not an attractive nuisance in Florida, the federal entrapment standard, comparative fault after HB 837, and the deadlines that run while a child is still in the hospital.
September 16, 2026
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Commercial Litigation
Commercial Property Insurance Disputes in Florida: The One-Year Clock, the Pre-Suit Notice, and the Attorney's Fees That No Longer Exist
Florida rewrote commercial property insurance litigation between 2021 and 2023, and most business owners are still working from the old rules. A litigator's guide to the one-year notice deadline in § 627.70132, the mandatory pre-suit notice under § 627.70152, why § 86.121 expressly does not restore fees for commercial property claims, the appraisal decision after American Coastal, business interruption proof, and what is left of first-party bad faith.
September 14, 2026
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Personal Injury
Golf Cart Accidents in Florida: No Registration, No PIP, and an Owner Who Is Liable Anyway
Florida golf cart crashes are not car crashes. A guide to the 20-mph line between a golf cart and a low-speed vehicle and why only one of them carries insurance, the § 316.212 road and equipment rules and the 2023 age and license change, why PIP usually does not apply and what that means for pain and suffering, and how the dangerous instrumentality doctrine makes the cart's owner liable for whoever was driving.
September 11, 2026
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Personal Injury
Dog Bite Claims in Florida: Strict Liability, the "Bad Dog" Sign, and Where the Money Comes From
Florida gives a dog no free bite. A litigator's guide to § 767.04 strict liability and its two real defenses, the separate non-bite statute in § 767.01, the narrow "Bad Dog" sign exception and the two exceptions inside it, what the 2023 repeal of breed-specific ordinances changed, the dangerous dog classification process, and why the homeowners policy — not the owner — decides what a claim is worth.
September 9, 2026
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Commercial Litigation
Piercing the Corporate Veil in Florida: Why the Entity Usually Wins, and What Gets Through It Anyway
Florida is one of the hardest states in the country to pierce a corporate veil. A litigator's guide to the three-part alter ego test and the improper conduct requirement from Dania Jai-Alai, why sloppy formalities are expressly not enough under § 605.0304, why veil piercing is a remedy rather than a cause of action, and the four routes to an owner's personal assets that usually work better.
September 7, 2026
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Personal Injury
Uber and Lyft Accidents in Florida: The Three Coverage Phases That Decide Your Claim
A Florida litigator's guide to rideshare crashes: the three insurance phases under § 627.748 and why one is worth $1 million and another $50,000, the PIP and permanent injury threshold rules that still apply, the uninsured motorist coverage riders are rarely told about, the personal policy exclusions that leave drivers exposed, and why Florida law makes it very hard to sue Uber or Lyft itself.
September 4, 2026
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Personal Injury
Pedestrian and Bicycle Accidents in Florida: The Insurance Nobody Tells You About
Struck while walking or riding in Florida? A litigator's guide to the PIP benefits you get without owning a car, the permanent-injury threshold that controls pain and suffering, the traffic statutes that decide fault, uninsured motorist coverage after a hit-and-run, and claims against a government road authority.
September 2, 2026
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Commercial Litigation
Emergency Injunctions in Florida Business Litigation: TROs, Temporary Injunctions, and the First 72 Hours
A Florida guide to emergency injunctive relief in commercial cases: the four elements, ex parte TROs under Rule 1.610, the findings an order must contain, injunction bonds, statutory presumptions of irreparable harm, why courts will not freeze a defendant's assets, and how these orders are dissolved and appealed.
August 31, 2026
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Personal Injury
Motorcycle Accidents in Florida: No PIP, No Injury Threshold, and a Two-Year Clock
Why a Florida motorcycle claim is not a car accident claim: motorcycles are excluded from PIP, riders are not bound by the § 627.737 permanent injury threshold, how the helmet defense under § 316.211 really works, and where the money comes from.
August 28, 2026
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Personal Injury
Truck Accidents in Florida: Why an 18-Wheeler Case Is Nothing Like a Car Accident Case
A Florida litigator's guide to commercial truck crashes: the carrier's rapid response team, the federal safety regulations, hours-of-service and ELD evidence, who can be sued beyond the driver, the layers of insurance, and how the 2023 tort reform changed the fight over fault.
August 26, 2026
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Commercial Litigation
Proving Business Damages in Florida: Lost Profits, Lost Value, and the Evidence That Makes a Number Stick
A Florida guide to proving commercial damages: the reasonable certainty standard, net versus gross lost profits, the before-and-after and yardstick methods, lost profits versus lost business value, contractual damage waivers, statutory multipliers, and prejudgment interest and fee shifting.
August 24, 2026
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Personal Injury
Negligent Security in Florida: When a Property Owner Is Liable for a Crime Someone Else Committed
Florida negligent security claims after the 2023 tort reforms: foreseeability and prior similar incidents, the § 768.0706 presumption for apartment complexes, apportioning fault to the criminal under § 768.0701, and the two-year deadline.
August 21, 2026
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Personal Injury
Uninsured and Underinsured Motorist Claims in Florida: Getting Paid When the At-Fault Driver Has No Coverage
How Florida UM and UIM claims work: the rejection form, stacking, the consent-to-settle trap under § 627.727(6), the five-year contract deadline, and first-party bad faith under § 624.155.
August 19, 2026
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Commercial Litigation
When a Business Sale Goes Wrong in Florida: Earnouts, Indemnification, and Post-Closing Fraud Claims
A guide to Florida M&A disputes: reps and warranties, indemnification caps and baskets, working capital and earnout fights, non-reliance clauses versus fraud claims, successor liability, and the deadlines.
August 17, 2026
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Personal Injury
Boating Accidents in Florida: The Maritime Traps That Catch Families Off Guard
Florida boating accident claims explained: FWC reporting duties, BUI and negligent operation, rental and livery liability, and the federal rules that can shorten your deadline or cap recovery.
August 14, 2026
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Commercial Litigation
Collecting a Judgment in Florida: Liens, Garnishment, Exemptions, and Proceedings Supplementary
Winning is not collecting. A practical guide to enforcing a Florida judgment: recording liens, discovery in aid of execution, garnishment, homestead and head-of-family exemptions, charging orders, and fraudulent transfer claims.
August 12, 2026
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Commercial Litigation
Probate and Trust Litigation in Florida: Will Contests, Undue Influence, and Deadlines Measured in Months
A guide to Florida estate disputes: grounds to contest a will or trust, the undue influence presumption under § 733.107, trustee breach claims, the elective share, and the short windows that bar these claims.
August 10, 2026
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Personal Injury
Product Liability in Florida: Defective Design, Failure to Warn, and the Evidence You Must Not Throw Away
Florida product liability explained: strict liability and negligence theories, the consumer expectations test, the government rules defense, the 12-year statute of repose, and why preserving the product decides the case.
August 7, 2026
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Personal Injury
Nursing Home Abuse and Neglect in Florida: Resident Rights, the Pre-Suit Process, and the Two-Year Clock
How Florida nursing home and assisted living claims work: Chapter 400 and 429 resident rights, the pre-suit notice and expert opinion requirement, AHCA records, punitive damages, and the deadlines.
August 5, 2026
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Commercial Litigation
Securities Litigation and Investment Fraud in Florida: Chapter 517, FINRA Arbitration, and Federal Claims
A guide to Florida investment loss recovery: Chapter 517 claims and attorney's fees, FINRA arbitration against brokers, federal 10b-5 claims, Ponzi receiverships, and the deadlines.
August 3, 2026
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Personal Injury
Medical Malpractice in Florida: The Pre-Suit Process, the Deadlines, and What Families Should Know
A Florida medical malpractice guide: the Chapter 766 notice of intent and 90-day pre-suit investigation, expert affidavits, the two-year deadline and four-year repose, damages, and NICA.
July 31, 2026
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Commercial Litigation
Professional Malpractice in Florida: Suing the Lawyer, Accountant, or Adviser Who Cost You
How Florida legal and accounting malpractice claims work: the case-within-a-case burden, privity, expert proof, the two-year deadline and four-year repose, and what is recoverable.
July 29, 2026
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Commercial Litigation
Construction and Real Estate Litigation in Florida: Defects, Liens, and Deals That Fall Apart
A guide to Florida construction and real estate disputes: Chapter 558 defect notices, the 7-year repose period, construction liens, failed closings, and lease fights.
July 27, 2026
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Personal Injury
Wrongful Death Claims in Florida: Who Can Sue, What Can Be Recovered, and the Deadlines
Florida's Wrongful Death Act explained: the personal representative rule, which survivors recover, damages, the two-year deadline, and the medical negligence exception.
July 24, 2026
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Commercial Litigation
Your Florida Business Just Got Served: A Litigator's Guide to the First 30 Days
What to do when your Florida business is sued: the 20-day answer deadline, litigation holds, insurance notice, removal, counterclaims, and the mistakes to avoid.
July 22, 2026
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Commercial Litigation
Trade Secret Litigation in Florida: Protecting Your Business Under FUTSA and the DTSA
How trade secret cases work in Florida: what qualifies under FUTSA and the federal DTSA, misappropriation, injunctions, damages, the three-year deadline, and defenses.
July 20, 2026
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Personal Injury
Slip and Fall Accidents in Florida: What You Have to Prove and Why It's Harder Than You Think
Florida slip and fall claims explained: the § 768.0755 knowledge requirement, the two-year deadline, comparative fault, and the evidence that decides these cases.
July 17, 2026
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Commercial Litigation
Non-Compete Agreements in Florida: Enforceability After the 2025 CHOICE Act
A Florida attorney's guide to non-compete enforceability under § 542.335 and the 2025 CHOICE Act: legitimate business interests, garden leave, deadlines, and defenses.
July 15, 2026
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Commercial Litigation
Business Torts in Florida: Tortious Interference, Fraud, and Unfair Competition
A guide to Florida business torts: tortious interference, fraud, civil theft, FDUTPA, and trade secret claims: elements, deadlines, damages, and defenses.
July 13, 2026
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Personal Injury
How Long Do I Have to File a Personal Injury Lawsuit in Florida?
Florida's personal injury deadlines explained: the two-year statute of limitations, medical malpractice and wrongful death rules, government claims, and exceptions.
July 10, 2026
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Commercial Litigation
Arbitration vs. Litigation in Florida: Choosing the Right Forum for Your Business Dispute
An attorney's guide to arbitration vs. litigation for Florida business disputes: cost, speed, confidentiality, appeals, and how to draft the clause that decides it.
July 8, 2026
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Commercial Litigation
Breach of Fiduciary Duty in Florida: A Complete Guide
How breach of fiduciary duty claims work in Florida: who owes the duty, the elements you must prove, the four-year deadline, remedies, and key defenses.
July 6, 2026
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Personal Injury
What to Do After a Car Accident in Florida: A Step-by-Step Guide
What to do after a Florida car accident: the 14-day PIP rule, the two-year deadline to sue, comparative negligence, and the mistakes that hurt your claim.
July 3, 2026
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Commercial Litigation
Breach of Contract in Florida: A Business Owner's Guide
How Florida businesses can enforce a contract or defend a claim: the elements of breach of contract, statute of limitations, damages, and defenses explained.
July 1, 2026
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Commercial Litigation
Shareholder & Partnership Disputes in Florida: An Owner's Guide
How Florida business owners can resolve shareholder oppression, partnership deadlock, and forced buyouts: your rights, statutes, and options explained.
June 29, 2026