The explosive power of fireworks is an effective means to evoke strong emotions – including excitement and patriotism. That’s part of why they are so popular around the Fourth of July. But fireworks liability is an important topic of consideration this time of year too because all too often, negligent…
Florida Injury Lawyer Blog
Court Rules ‘Good Samaritan’ Can Receive UIM Auto Insurer Benefits
You may recall several months ago in Fort Myers the case of the a North Fort Myers mother who lost her legs after a horrific collision on I-75 when she pulled over and assisted the victim of a previous car accident. She survived the crash and has since returned to work,…
Landlord Liability for Dog Bites in Florida
Dogs can be our best friends – but also the source of legal liability if they bite someone undeserving. Florida law establishes a system of strict liability when it comes to the responsibility of the owner to cover damages caused when their dog bites someone – even if the dog…
Prevention of Trucking Accidents Goal of Tighter Sleep Apnea Rules
Expect tighter rules regarding sleep apnea testing among truck drivers, intended to reduce the number of drowsy driving trucking accidents in Florida and across the country. These rules were challenged by a trucker who alleged mandated testing of drivers at-risk for sleep apnea violated his civil rights. Both the trial…
Used Car Buyers Beware: Dangerous Defective Airbags Could be Lurking
The massive recall of defective Takata airbags last year underscored a major ongoing issue with unsafe motor vehicles and related devices that has dogged the auto industry in recent years. The one bit of good news is that since awareness of the problem has grown, vehicle owners are informed about proper corrective…
Nursing Home Wrongful Death Lawsuit Against U.S. Government Held to Stricter Standards
A recent nursing home negligence lawsuit out of Massachusetts underscores how important it is to promptly consult with an experienced personal injury attorney. Specifically, it’s imperative that all claims be filed within the appropriate statute of limitations, which can vary depending on the type of claim, where the claim occurred…
Public Duty Exception Raised as Defense in Wrongful Death Dog Bite Lawsuit
While nearly 10,000 dog bites every year in the U.S. require emergency medical treatment, only a small percentage are fatal. According to DogBites.org, at least 31 people died in dog bite-related incidents last year. In a recent wrongful death lawsuit before the Supreme Court of Appeals of West Virginia, the widow…
Defective Staircase Lawsuit Requires Proof of Actual or Constructive Notice of Defect
Landlords and other property owners have a duty of care to maintain their site in reasonably safe condition for those who enter lawfully. Landlords in particular have a statutory responsibility under F.S. 83.51 to maintain their premises, which involves compliance with all applicable building, housing and health codes and maintaining…
Florida Dram Shop Law Limited to Small Number of Injury/ Wrongful Death Cases
A man in New Jersey is suing two bars he alleged served him alcohol in the hours before he was involved in a single-vehicle motorcycle accident in which he was seriously injured. According to news reports, the 28-year-old plaintiff alleges he was downing Tequila at two local bars, and left both…
Holiday Driving: Memorial Day, 4th of July, Labor Day Among the Deadliest
People think of summer driving as easy sailing: Clear skies, downtime and road trips. Unfortunately, some of the most popular summer holidays are also incredibly dangerous on the roads. In fact, a new study by Value Penguin ranks all major holidays by their potential for a fatal crash. No. 1 on…