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Robert John Sunner

Robert Sunner’s Legal Guides

20 total


  • Self-Defense: Defense of Property

    According to Florida Statute 776.031, the use of force- except deadly force- is justified to protect a person's property based upon reasonable belief that such conduct is necessary to prevent or terminate tortious or criminal interference with the property. The property must be i...

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  • Self-Defense: How Much Force May Be Used?

    There has been a lot of questions on Florida's "Stand Your Ground Law" due to the Zimmerman case. Hopefully this will provide some insight: According to Florida Statute 776.012, a person may use such force as she reasonably believes to be necessary to defend herself or another; ...

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  • Self-Defense: Exceptions to Presumption of Reasonable Belief

    There has been a lot of questions on Florida's "Stand Your Ground Law" due to the Zimmerman case. Hopefully this will provide some insight: A person using defensive force will not be presumed to have a reasonable fear of death or great bodily harm if: (i) the person against who...

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  • Self-Defense: Presumption of Reasonable Belief

    There has been a lot of questions on Florida's "Stand Your Ground Law" due to the Zimmerman case. Hopefully this will provide some insight: A person is presumed to have held a reasonable fear of death or great bodily harm to herself or another if: (i) the person against whom the...

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  • Self-Defense: When is Defense Available?

    There are a lot of questions about Florida's "Stand Your Ground" rule due to the Zimmerman case. These statute might provide some insight: According to Florida Statute 776.012, a person is justified in the use of force against another when and to the extent that she reasonably ...

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  • Duty of Places of Public Accommodation

    An action alleging that a shopping mall's negligent failure to provide adequate security measures permitted an assailant to intentionally harm the plaintiff is "an action based upon an intentional tort" to whcih Florida's comparative statute does not apply. Thus, traditional join...

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  • "Good Samaritan" Statute

    Florida's Good Samaritan Act, although applicable to all persons (including those licensed to practice medicine) who gratuitously render aid at the scene of an emergency, is virtually meaningless b/c the rescuer remains liable for ordinary negligence. [Botte v. Pomeroy, 438 So. 2...

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  • Ingestion of Contaminated Food or Beverage Without Physical Injury

    In a cause of action for emotional distress caused by the ingestion of a contaminated food or beverage, a plaintiff need not prove the existence of a physical injury in order to recover damages for emotional injuries. Those who market foodstuffs should reasonably foresee, and exp...

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  • Bystander Recover in Absence of Physical Impact

    The FL Supreme Court has narrowly modified the "impact rule": no impact is required if there are physical injuries caused by anxiety about the safety of another if such injury is reasonably foreseeable and proximately caused by the defendant's negligence. In addition to foreseeab...

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  • Plaintiff Must Suffer Physical Impact from Defendant's Negligence

    It is not sufficient that the plaintiff was in the "zone of danger" (i.e., threatened with physical impact). The plaintiff generally must have suffered an actual physical impact that caused the emotional distress. [Willis v. Gami Golden Glades, LLC, 967 So. 2d 846 (Fla. 2007)] Ph...

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