In workers’ compensation law, the exclusive remedy provision makes it clear that employers can’t be held liable in civil court for damages related to work injuries in most cases where they carry workers’ compensation insurance. Proving fault isn’t necessary in workers’ comp cases, and it’s supposed to be a trade-off:…
The National Highway Traffic Safety Administration has long been interested in driving down the number of rear-end collisions. Nearly one-third of all collisions are rear-end accidents, the agency reports, and the vast majority of those are avoidable. The problem has only worsened in recent years with the proliferation of smart…
In personal injury cases, it’s essential to prove defendant owed a duty to plaintiff, that duty was breached and the breach caused the injury. What many plaintiffs don’t realize is that they too owe a duty of care – to themselves. They have to take reasonable measures to protect themselves…
Recently in central Florida, two certified nursing assistants were fired and arrested on charges of battery on an elderly person after footage from a hidden camera appears to show them striking an elderly Alzheimer’s patient in their care. The 76-year-old victim’s son said he and his wife noticed the bruising…
In Northern California, there is a 3-year-old little girl who is blind. She has to be fed through a tube in her stomach. She suffers seizures. She cannot walk or talk or take care of herself. It’s not likely she’ll ever be able to do those things, and most likely,…
It’s been nearly 10 years since plaintiff in Camicia v. City of Mercer Island was seriously injured in a Washington state bicycle accident that left her paralyzed. The case has been volleyed to various courts over the years on a number of issues, most recently to the Washington Supreme Court…
For more than three decades, child safety advocates have been advancing awareness of a serious problem in homes with young children: Window blind cords. The window covering industry started back in 1985 raising awareness of the issue. However, manufacturers never took action to eliminate the risk – as was in…
Insurance companies have a responsibility to their insureds and those harmed by their insureds to timely pay fair sums for legitimate claims. When they fail to do this, they may be sued for acting in bad faith. F.S. 624.155 allows direct legal action against insurers who violate this tenant, and…
Usually when spouses find themselves on opposite sides of the courtroom, it’s a family law issue: Divorce, child custody, alimony payments and the like. But there are some situations in which spouses who love each other very much and indeed intend to stay together might need to square off in…
Auto insurance is required of drivers in Florida, and we trust that when we pay our premiums in full and on time, the insurance companies will do as they promise. However there are many cases in which insurers don’t follow through on their end of the bargain. Even victims who…