Legal Memorandum: Choice of Law Determination in FL

Issue: Under Florida law, what law applies to a personal injury suit against a corporation that owns and operates a vacation resort outside of Florida and a corporation that sells vacations at the resort in Florida?

Area of Law: Business Organizations & Contracts, Litigation & Procedure, Personal Injury & Negligence
Keywords: The choice of law; Law applicable to an issue; An action for a personal injury
Jurisdiction: Florida
Cited Cases: 613 So. 2d 52; 559 So. 2d 1262
Cited Statutes: Restatement (Second) of Conflicts of Laws §6; § 146
Date: 05/01/2000

           Contacts to be taken into account in applying the principles of §6 to determine the law applicable to an issue include:

(a)        the place where to injury occurred,


(b)        the place where the conduct causing the injury occurred,


(c)        the domicile, residence, nationality, place of incorporation and place of business of the parties, and


(d)       the place where the relationship, if any, between the parties is centered.

§ 146.  Personal Injuries

In an action for a personal injury, the local law of the state where the injury occurred determines the rights and liabilities of the parties, unless, with respect to the particular issue, some other state has a more significant relationship under the principles stated in § 6 to the occurrence and the parties, in which event the local law of the other state will be applied.

The choice of law criteria set forth in § 6 of the Restatement (Second) of Conflicts of […]

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