Articles Tagged with injury attorney South Florida

Bars, festivals, nightclubs, concerts and cruises are required to use reasonable care in ensuring the safety of patrons – particularly if they are serving substantial or unlimited quantities of alcohol – in order to prevent South Florida injuries and wrongful deaths.South Florida festival injury lawyer

According to The News-Herald, a man filed a Florida injury lawsuit recently alleges a no-limit alcohol policy for unlimited alcohol policies for VIP guests. Among the most dangerous practices: Offering unlimited amounts of “free” alcohol. This, plaintiff alleges, resulted in his falling off the balcony at a Panama City Beach business owner and sustaining serious injury.

Although there was railing on the multi-level platform, there was no railing on the stairs that flanked either side of it. When he was asked by a security employee to sit down on the step, he complied – but lost his balance ended up falling from the stairs, sustaining serious and permanent injury.

Suing the at-fault driver responsible for your South Florida car accident injuries is really just the first of what could be several legal options. The other driver might be liable for negligent operation of that vehicle, but the vehicle’s owner might be vicariously liable. So too might the driver’s employer, if the driver was acting in the course and scope of employment when they crashed. If the crash was caused in whole or in part due to a defective vehicle or faulty vehicle part, the product designer, manufacturer and/ or marketer could be held responsible too.Palm Beach car accident attorney

Thoroughly investigating the case and identifying and naming potential defendants is imperative because failure to do so could result in you not receiving all the compensation to which you would otherwise be entitled.

In any injury or wrongful death lawsuit, the court will be asked to apportion fault. The defendant driver shares a percentage (sometimes all) of the fault. Sometimes you, the plaintiff, will be assigned a percentage of fault (known as comparative fault, though thankfully in Florida, F.S. 768.81 does not bar you from collecting compensation, even if your damages will be proportionately reduced). Other named defendants may also be apportioned fault, and they will be responsible for paying their fair share. However, if the court finds that a non-party is responsible for some percentage of the blame, you may not be able to collect their share of the damages.

However, there is a bit of good news for plaintiffs who acknowledge there is another potential defendant, but don’t know his/ her identity. (We see this in hit-and-run crashes and so-called “phantom vehicle” cases). The saving grace there is uninsured motorist coverage (UIM) benefits.  Continue reading