Articles Tagged with South Florida injury lawyer

A man recently filed a personal injury lawsuit against Starbucks in California after claiming scalding hot tea seriously injured and disfigured his stomach, hands and genitals. Almost without fail, our South Florida injury lawyers know there will be those who scoff.West Palm Beach product liability lawyers

Another ‘hot coffee’ lawsuit? Whose fault is it really if you spill your own drink on yourself?”

It’s been more than a quarter century since the infamous “McDonald’s hot coffee lawsuit,” and this reaction proves that there is still a great deal of misunderstanding regarding what that case was about – and why it caused such a stir. Continue reading

In Florida premises liability law, the “open and obvious doctrine” is one that states business owners can’t be held liable for open and obvious dangers – unless the owner should have anticipated harm despite the open and obvious condition.Florida premises liability attorney

An “open and obvious danger” is one that creates a visible, well-known risk of harm that would be discernible by casual inspection to someone of typical intelligence.

Property owners in general have a duty to maintain a reasonable degree of safety on their properties and to warn others of dangers that aren’t obvious. But patrons, guests and tenants also have a responsibility to recognize and appreciate danger when it’s open and obvious – and take prudent measures to protect themselves from that harm. Continue reading

With more children and families sticking closer to home this summer, the risk of a Palm Beach bicycle accident resulting in severe injuries is higher than ever. Safe Kids Palm Beach County reports that traumatic injuries suffered by children in Palm Beach County bicycle accidents has shot up nearly 170 percent in recent months. Eight kids were treated locally for serious bike crash injuries in just five weeks.Palm Beach injury lawyer

The non-profit kids’ safety organization indicated most of the bicycle accidents involved collisions with cars. More than 90 percent of riders treated at local hospitals weren’t wearing helmets and suffered some type of brain injury.

“Kids think they’re invincible,” the SKPBC director told WPTV recently.

That may be true, but our Palm Beach County injury attorneys want to stress it doesn’t give a free pass to drivers who are distracted, speeding or otherwise careless – particularly in residential neighborhoods where one would expect to see more children on bicycles right now. The failure of a child to wear a helmet won’t excuse a negligent motorist from liability either. Continue reading

Florida personal injury laws are designed to compensate those who are injured as a result of someone else’s negligence. These extend to individuals involved in car accidents, slip-and-fall incidents and injury due to use of dangerous products. South Florida injury claims

Claims for damages (financial compensation) can be pursued either by filing a lawsuit or negotiating a settlement. As our South Florida injury lawyers can explain, most claims are resolved via settlement, as these tend to conclude faster, be less costly and outcomes are more certain than in litigation.

Civil injury attorneys will usually work to negotiate a settlement with defendant insurers before going the route of a lawsuit. While each case is different, it’s usually only if those settlement negotiations break down (when an insurer tries to settle a claim for less than it’s worth) that your attorney will recommend a lawsuit. Continue reading

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

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