Anyone who lives in Fort Myers knows U.S. 41 is a nightmare for motorists. Lanes are narrow. Traffic volumes are atrocious, especially at rush hour. There are few crosswalks and drivers routinely speed or tap away at their phones as they weave in-and-out of traffic. Worse, there is very little…
Proximate cause is a legal concept that limits liability along the chain of causation. In order to establish that one person’s negligence is the proximate cause of another, a plaintiff must show there was: Defendant’s negligent act was the cause-in-fact (i.e., a reasonable certainty defendant’s actions caused the injury and injury…
Summer is on the horizon, which means many families will have more free time to explore the outdoors, taking advantage of Florida’s many parks, campgrounds and beaches. However, there is something important visitors – including locals and tourists – need to understand about the risk they are assuming when venturing…
Florida is second only to Louisiana when it comes to the worst states for distracted driving. That’s according to a new study conducted by an online insurance company that used an app called EverDrive to measure behaviors like speeding, aggressive turning, sudden acceleration, hard braking and other dangerous movements while…
Proponents of tort reform are pressing forward with a series of bills that, if passed, would make it increasingly difficult to file an injury lawsuit, to pursue class action litigation or to obtain just compensation. The term “tort reform” is a tidy way of explaining efforts that make it harder…
A bill that would require all those convicted of DUI in Florida – including first timers – to have ignition interlock devices installed has successfully made it through its first hurdle in the state House of Representatives. The Transportation and Infrastructure Committee approved House Bill 949 by a unanimous vote of…
April is distracted driving month. Officials with the Florida Highway Patrol, the Florida Department of Transportation, the Florida Police Chiefs Association, the Florida Sheriffs Association and AAA are teaming up to promote Distracted Driving Awareness month, and urging drivers to keep their eyes on the road. Last year in Florida,…
A family in Illinois has filed a wrongful death lawsuit against a nursing home, alleging staff at the center misread her chart and failed to resuscitate her after she was found unconscious. The patient was just 52 when she died, and suffered from kidney disease and diabetes. She was reportedly initially admitted…
A new study by researchers at Wayne State University reveals a “substantial amount of costs” to the U.S. healthcare system due to fall-related injuries in nursing homes. Specifically, the study, published in JAMA Otolaryngology Head & Neck Surgery, focused on facial injuries. Looking at emergency room data from 2011 to…
Businesses in Florida have a responsibility to their patrons to make sure the site is reasonably safe and there are no concealed dangers. If there are hazards, the property owner/ manager has a duty to warn patrons about it so they can protect themselves. This is the crux of premises…