Category Archive

When our loved ones in nursing homes are injured, the first question that many of us ask is how the accident that caused the injury was allowed to happen. In an institution with around the clock nursing care and therapists and medical personnel on staff, it can be hard to imagine how some patients end up injured. The fact that …

We wrote a while back about causation, and the difficulty in some cases of determining who is responsible for an accident when there are multiple people who may have acted negligently. A recent case reinforces the idea that victims must show that accidents are foreseeable, and more than just one-time, freak accidents in order to hold a defendant liable for …

Natural disasters can sometimes bring out the best in people. Sadly, sometimes, they can also bring out the worst, or at least expose problems in the way that we protect our citizens. Such is the case with the tragic local South Florida nursing home story that made national news after Hurricane Irma hit. Nursing Home Loses Power After Storm Hurricane …

Everyone knows the best practices when it comes to avoiding serious car accidents. We have been educated about the dangers of drunk driving or driving while intoxicated, and laws have been passed making these very serious offenses. Even distracted driving has been brought to the public’s attention of late, with some states passing laws to try to curtail the behavior. …

More and more it seems like we are being forced to sign exculpatory clauses in contracts and agreements. These are so-called “hold harmless” agreements, where businesses compel us to agree not to sue them if we are injured on their premises or by their negligent acts. These contracts are usually used for higher-risk businesses, like extreme sports vendors or facilities …

We often talk about the role that experts play in personal injury cases, but experts can not just say anything in court, and when a judge allows or prohibits an expert from testifying as to an issue, or from answering a question, it can cause problems for the side presenting the expert. Recently, a case ended up being improperly decided …

To recover for injuries sustained in an accident, it is vital to prove that the other side did something wrong—usually, some act or omission that was negligent. It is also vital to demonstrate how injured you are, or the “value” of your injuries in the eyes of the law. But there is a middle step that is often overlooked, that …

Updated statistics on cruise ship safety have been published and they show a sad tale of how the industry is taking care of its passengers and taking appropriate safety precautions. The numbers are sobering reminders that cruises are enormous floating cities, but without many of the protections, both practical and legal, that one would expect from an actual city. Statistics …

If you are injured due to the fault of another, and the liable party is a company (that is, not an individual, as in a car accident), there are some key questions to answer. Who may be liable is the primary question. How they are liable is another key question. It is easy to overlook another question that can be …

As summer is upon us, and the weather gets hotter, pool season approaches. When we think of pool safety, the first thing we think of is the risk of drowning and the need to supervise our young ones and watch over them closely when they are in a pool so that we can react if there is a problem. While …

Of all the ways and in all the locations that someone can be injured, one of the most common is while on the job. Whether an employee trips over boxes on an office floor, a construction worker is injured after falling from a scaffold, a machinist loses a finger in heavy machinery, or a teacher is injured trying to break …

Often, morals or ethics can conflict with legal duties and responsibilities. Surely, making sure that citizens are safe and that we can go about our lives free from the fear of being injured through other people’s negligence is not just a legal obligation, but also a moral and social one. One area where moral and legal obligations may contradict one …

When we think of someone who is a trespasser, we often think of a criminal; someone who secretly and illegally invades someone else’s property with the intent to cause harm and who is there against the will of the person who owns the property. But in law, a trespasser is often someone who is more innocent than that, and in …

When we think of accidents on the road, we tend to think only of plain old cars. It is easy to forget that we share our roadways with motorcyclists. Florida’s year-round sunshine makes it an ideal location for motorcycle riding. To many, riding a motorcycle is not just a means of transportation, but a hobby or a lifestyle and a …

When trucks are involved in accidents, the results can be devastating. Their sheer weight alone, as well as often flammable or hazardous cargo, make them the cause of too many dangerous and often fatal roadway accidents. Trucking Laws Truckers are subject to a complex web of federal and state regulations. Truckers who drive in the State of Florida must: Be …

Unlike in many other countries, a prevailing party in a Florida injury lawsuit does not automatically get awarded attorney’s fees. There are only two ways that a prevailing party in a lawsuit can get attorney’s fees—if there is a contract awarding fees or a statute or law that awards them. In the personal injury context, this creates problems. Lawsuits for …