Articles Tagged with West Palm Beach injury lawyer

Whether we’re talking about a slip-and-fall, dog bite, or amusement park injury, getting hurt on someone else’s property isn’t something for which people plan. It is, however, something certain property owners in Florida have a legal responsibility to anticipate and prepare for to some extent.South Florida injury lawyer

When they fail to do so and you’re hurt, you can pursue something called a premises liability claim.

It’s important if you’re injured to get prompt medical attention, document the scene and the injury and consult with an experienced West Palm Beach injury attorney before making any major decisions or moves.

What is Premises Liability? 

A premises liability lawsuit is a means to hold a property owner responsible for damages that arise from injury on the defendant’s property. In Florida, owners (and sometimes certain occupants) of a property are required to make a reasonable effort to maintain it to ensure it’s reasonably safe for lawful visitors. Failure to do so opens defendants to premises liability claims.

Some situations that may give rise to a Florida premises liability claim may include:

  • Slip-and-fall injuries.
  • Animal or dog bites.
  • Inadequate security.
  • Drowning or swimming pool injury.
  • Dangerous conditions for children (attractive nuisance).

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Road rage puts motorists at high risk of serious injury and death. And studies show people are aware that aggressive driving behavior is a major problem that contributes to traffic fatalities – yet 75 percent of U.S. motorists admit to driving aggressively. A higher percentage than that admitted in a survey to experiencing anger, aggression or road rage at some point behind the wheel in the 30 days prior.West Palm Beach road rage

It’s most commonly punctuated with tailgating, honking or yelling, though it’s defined as any extreme anger or aggression intending to create or cause physical harm. It might also involve:

  • Speeding in heavy traffic.

If you suffer a Florida slip-and-fall injury, compensation requires more than proving you were hurt on someone else’s property. In fact, these cases are quite a bit more complicated than many people assume. A key element in a Florida slip-and-fall case is something called “constructive notice.” This is outlined in F.S. 768.0755, and was recently explained in a decision by the U.S. Court of Appeals for the 11th Circuit (the federal court with jurisdiction over Florida). Florida slip-and-fall injury

The law requires those in slip-and-fall cases to prove the defendant property owner/manager had actual or constructive knowledge of the danger. Actual knowledge would be proof that they knew about that particular spill or hazard and hadn’t taken reasonable steps to rectify it. This is often tough or impossible to prove. Constructive knowledge, however, can be established by showing that either:

  • The condition existed for such a period of time that the business should have learned about it if they were using ordinary care.
  • The condition occurred so regularly and it was foreseeable.

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Do-it-yourself projects and repairs are common when you have the basic skills and would rather not pay a professional service fee. Still, very few of us have all the equipment and tools we need to get every job done. But some of these tools are expensive, and you don’t need them but maybe a few times. This is why many home improvement stores (Home Depot, Lowe’s Home Improvement, U-Haul, etc.) here in West Palm Beach offer tool and equipment rentals.
tool rental injury lawsuit

Some examples of tool, equipment or special event items that may be rented for single-use or short-term use include: Bucket lifts, floor cleaners, floor strippers, saws, backhoes, scissor lifts, forklifts, air compressors, tree-trimming equipment, scaffolding equipment, wallpaper steamers, stump grinders, generators, drills & drivers, pressure watches, hitches, trailers, tents, flooring/staging, inflatables, tables/chairs, tents, food equipment (popcorn machines, cotton candy machines, grills, etc.) and more.

Consumers rely on these companies to provide them with tools and machines that are safe for use. If those products prove defective, the consequences can be serious, including broken bones, abrasions, lacerations, spinal cord injuries, electrocution, head injuries, amputation, etc. In these instances, it may be possible for the injured to hold the rental store as well as the product manufacturer liable for those damages.

In such circumstances, it is imperative to speak with a Florida personal injury lawyer to weigh your legal options.

Recently, a federal appeals court ruled that a broad liability release in a rental agreement signed by a Home Depot customer doesn’t make the store immune from claims that a defective machine rental cost a man his finger. Continue reading

Doctors, nurses and other healthcare providers in Florida have a professional and legal responsibility to provide care to patients according to the prevailing standard for their education, experience and position. When they fail to do so resulting in patient harm, they can be held accountable with a Florida medical malpractice claim. Verdicts and settlements are typically paid out by insurers.West Palm Beach medical malpractice lawyer

But in recent years, our West Palm Beach injury lawyers have noted a troubling trend of doctors and health care companies compelling patients to sign binding arbitration agreements before they receive care. Patients are given forms to sign away their constitutional right to have complaints of substandard care weighed in a court of law. If they decline, they are told to look for another provider.

It should be noted if you’re harmed as a result of substandard care, these agreements may not be enforceable, thanks to a 2016 Florida Supreme Court case. You should consult with an experienced medical malpractice law firm before deciding how to proceed. Continue reading

It’s a good idea to interview at least a couple different South Florida injury lawyers before deciding which to hire to handle your claim. But just as you are considering which attorney to hire, he or she is also considering your case potential. If your case is declined by one lawyer, ask why and don’t hesitate to get a second opinion. Most offer free initial consultations. South Florida injury lawyer

That said, there are several reasons why an attorney may decline to accept your case – and it may have more to do with them than the viability of your claim.

Here, our West Palm Beach injury lawyers explain a few reasons why an attorney may turn down your case. Continue reading

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

People are hurt every day in Florida in all different kinds of accidents. For example, there are nearly 700 people are injured in Florida car crashes every day. An average of 1.2 boating accident injuries occur in Florida daily. Nationally, there are approximately 30 million injuries every year due to unsafe consumer products. These are just a few examples, but despite the commonality, there remains a great deal of misunderstanding about personal injury claims.West Palm Beach injury lawyers

Our West Palm Beach injury lawyers are writing today to help clear up some Florida injury lawsuit myths. Continue reading

A water slide at Universal’s Volcano Bay water park in Orlando has reportedly caused more than 100 Florida tourist injuries, including one man from New York who was reportedly paralyzed last year. South Florida injury lawyers

As longtime Florida tourist injury lawyers in West Palm Beach, we’re familiar with the Florida law that only requires theme parks to report ride injuries to the state when the person hurt is hospitalized for at least 24 hours. That means the actual number of injuries at theme parks are likely much higher than what’s reported to the public. Further, park visitors should know that they may have a right to monetary damages – even if their injuries didn’t meet the park’s criteria for required public reporting.

The ride in question is a series of four slides, called Punga Racers, with riders ultimately splash-landing into catch pools. According to court records and reporting by the Orlando Sentinel, the 115 injuries visitors suffered after riding the Punga Racers water slides ranged from mild to severe, and included:

  • Scrapes
  • Nosebleeds
  • Concussion
  • Neck whiplash
  • Paralysis

Two ride safety testers were also injured. But in all of those, only one – the paralysis – was considered reportable to the state. Continue reading

An estimated 1 in 6 women in Florida will be victimized by sexual assault at least once in life, while 1 in 5 men will be victimized by some form of sexual violence other than rape. Although survivors can make the decision to report such actions to police, pursuing criminal prosecution is ultimately up to the local state attorney’s office. Even if the prosecutor files charges and secures a conviction, the reality is compensation to the victim in the form of restitution is unlikely to be adequate (if it’s ordered or able to be collected at all).Florida sexual assault lawsuit

But one avenue through which survivors may still obtain justice is civil litigation. As our West Palm Beach civil trial lawyers can explain, the goal of a civil sexual abuse lawsuit isn’t to undo what cannot be undone. Rather, it is to make victims as whole as possible by compensating for physical injuries, disability (time you had to take off work), mental and emotional trauma and even damaged relationships.

And the perpetrator may not be the only one you can hold responsible – even if he or she acted alone. In civil litigation, you’ll want to explore the potential liability of:

  • The owner/controller of the property where the sexual assault happened.
  • The offender’s employer.
  • The school, daycare, sports organization, religious institution, nursing home or hospital that had a duty to protect the victim.
  • Any security firms contracted to keep people safe.

Civil liability against third parties in sexual abuse lawsuits considers the duty of care the defendant owed to protect the plaintiff (victim) and whether the offense was reasonably foreseeable. Did the employer do enough to vet its workers? Did the sports organization overlook years of misconduct by a coach? Did the hotel fail to make sure it had adequate security staff on site to keep guests safe? These are the kinds of things that can result in a finding of third-party liability in Florida sexual assault lawsuits. Continue reading

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