Published on:

In any negligence action, the plaintiff (person who was hurt) must prove several key elements. Those are:

  • Duty
  • Breach
  • Causation
  • Damagesslip and fall

Slip-and-fall injuries can give rise to negligence lawsuits, though every aspect must be met. Landowners owe a duty of care to visitors, and businesses that invite members of the public on site for commercial gain owe the highest duty of care. That duty may be breached when a property is not  maintained in a reasonably safe condition.

Recently, the Wyoming Supreme Court weighed a slip-and-fall lawsuit that trial court had dismissed for failure to raise genuine issues of material fact. The state supreme court reversed, sending the case back on track to trial and giving the plaintiff another shot to prove her case.

Although slip-and-fall case law and statutes may vary from state-to-state, it’s worth exploring how the issue is approached in other jurisdictions.  Continue reading →

Published on:

It seems every other week, another mass shooting is in the headlines. No matter where you stand on the contentious gun control issue, pretty much everyone can agree these incidents are tragic. They leave families not only bereft, but often drowning financially. Those we lose are often people in their prime, wage-earners who help support their families. Those who survive may incur astronomical medical bills and endure months-long recovery or lifelong disability. wrongful death lawyer

But aside from the shooters in these incidents, is there anyone really to blame? The gunmen in these cases (and they are almost always men) often commit suicide or are killed. If they do survive, their punishment will be handled within the criminal justice system. That case could be accompanied with an order of restitution, but it’s often not nearly enough to cover the damages of so many – and that assumes defendant would ever be able to pay it. Unlike a car accident or a dog bite or slip-and-fall at a store, intentional acts of violence are generally not covered by insurance companies. It’s an almost universal exclusion.

Pretty much the only way victims of crime can seek compensation is through third-party liability, usually on the theory of premises liability. This theory holds that property owners knew or should have reasonably foreseen the risk of such a violent act and taken reasonable steps to prevent it.  Continue reading →

Published on:

Fans of rapper Travis Scott know that when they go to one of his concerts, it’s going to be high-energy. Not only will the bass be loud and the crowd riled, fans routinely form mosh pits, crowd surf and stage dive. But now, one of those fans has suffered serious injury after attending one of these events, and the question is to what extent was this an assumed risk and to what extent could the venue and Scott himself be liable.injury lawyer

The New York Times reports 23-year-old man became paralyzed and must now forever use a wheelchair after he was allegedly pushed form a third-story balcony and dragged on stage during one of the rapper’s performances this spring in Manhattan, New York. Plaintiff accuses Scott of negligence, as well as his manager, the concert promoter and the security company hired to provide protective services that night.

Representatives for Scott said they were conducting an internal investigation of the incident. A representative for the concert promoter declined to comment on the pending injury lawsuitContinue reading →

Published on:

When someone’s negligence causes injury to another, victims can pursue compensation. Negligence is generally understood as the failure to use reasonable care when one was required to do so. In some cases, injury to another is the result of a criminal act. On the road, some criminal acts also amount to negligence, though the criminal and civil cases will be handled by the separate courts, respectively. car accident

The primary purpose of a criminal court is to attain justice for the state (on behalf of the victim). The purpose of civil court is to ascertain whether one is owed compensation, and if so, determine how much is necessary to make the victim “whole.” Restitution to the victim is not the primary purpose of the criminal justice system – but it can be a consideration for certain crimes. The impact this will have on a pending civil case should be discussed with an experienced injury attorney in Cape Coral.

F.S. 775.089 holds that restitution can be ordered by the court (in addition to any punishment) for:

  • Damages or losses caused directly or indirectly by defendant’s offense;
  • Damages or losses related to the defendant’s criminal episode.

Continue reading →

Published on:

Most car accident auto insurance settlements are handled quietly and often rather quickly. Those involving the death may take longer, but even then, it often doesn’t generate headlines. A recent case out of South Florida was different for the fact that an auto liability insurer, while conceding all the evidence unequivocally shows their client to be the clear victim, agreed to pay families of several teens who died while joyriding in a stolen car. car accident attorney

It’s somewhat of a unique case, but it also illustrates the various avenues of recovery that may be available to those involved in serious car accidents, even when there is evidence they are partially (or, as in this case, largely) to blame.

According to The Tampa Bay Times, the 29-year-old insured was on his way to work at a grocery store in Tampa around 4 a.m. when a sport utility vehicle barreled through a red light at 112 mph, slamming into his compact car. He would later learn that the vehicle had been stolen and the driver was 16-years-old with no license. The driver and two of his three passengers – all young teens – were killed. A fourth survived and was later charged with grand theft auto.  Continue reading →

Published on:

If you’re injured in a car accident or have lost someone you love in a crash, one of the questions important to ask is whether the negligent driver was acting in the course and scope of their employment. This matters because if they were furthering the interests of their employer at the time of the crash, the employer could be held vicariously liable. car accident lawyer

Vicarious liability of employees is allowed thanks to the doctrine of respondeat superior, which is Latin for, “let the master answer.” Vicarious liability does not require a showing that the company necessarily did anything wrong. Rather, one must show the employee – acting on behalf of the employer – was negligent. We see this a lot in trucking accident cases or bus accident cases, but it can also be applied with many other types of workers as well. In our increasingly mobile workforce, it’s not uncommon for employees to be on the move regularly throughout the course of their work day, or to be running errands for their employer outside of normal business hours.

In cases of professional drivers, vicarious liability may be easy to establish because it’s the employee’s job to drive. If they were on-the-clock, it’s pretty easily settled. However, there are some nuances to this. Some of the same legal doctrines that apply in workers’ compensation cases can come into play in these cases too.  Continue reading →

Published on:

The widow of a worker killed after being struck by a truck while in a construction zone will receive a $6 million settlement from the defendant companies involved. construction accident attorney

Attorneys for the estate of deceased worker had alleged the construction companies on site were negligent in failing to erect the required drums or traffic barriers that would have protected the workers. The 38-year-old worker from Wisconsin was completing some electrical work just a few feet from an intersection when a semitractor-trailer tried to make a sharp right turn. The worker’s back was to the intersection at the time he was struck, and he had no time to react or jump out of the way. The widow’s wrongful death attorney alleged the construction companies put this worker out into the field with no protection.

Wrongful death claims were filed against the trucking company, the trucking company’s driver, the general contractor for the construction site and the subcontractor. A worker on site testified the majority of trucks that turned that same corner jumped the curb. Photos of the site proved this, revealing tire track marks well worn over the curb. Despite this, the construction company did not put up the necessary barriers.  Continue reading →

Published on:

Typically in the event of a work-related accident, a worker’s only recompense is workers’ compensation. There is an exception if there is third-party liability (i.e., someone other than the employer was at-fault). But if the work-related injury was the result of a motor vehicle accident and if the employer paid for auto insurance coverage, it is possible employees might also be able to pursue a claim from that insurer for the injuries. It will depend heavily on the terms of the policy.truck accident lawyer

Recently in a case decided by the Oklahoma Supreme Court, the question was whether an employer’s uninsured motorist carrier is entitled to subrogation on an under-insured (third-party) at-fault driver’s assets – including excess insurance coverage – for the amount previously paid to the injured party. The court answered no.

The case illustrates how complex these claims can be when they involve commercial vehicles (which tend to cause more damage, and thus, more severe injuries) and large companies.  Continue reading →

Published on:

Nursing home arbitration agreements are better to avoid if at all possible. An increasing number of nursing homes include arbitration agreements in their admission paperwork, essentially mandating parties agree to forfeit their constitutional right to have a dispute decided in a court of law – publicly and in front of a jury. Instead, they agree to have disputes resolved in a non-public binding arbitration. nursing home abuse lawyer

Arbitration does a disservice to those who have suffered nursing home abuse because:

  • Consumers are at a disadvantage. Arbitrators need to make a living. While the resident bringing the case is a one-time paying customer, corporate defendants will be involved again and again. Unfortunately, some arbitrators take this fact into account, and that high compensatory damages awarded to abused resident isn’t likely to get them repeat business with the corporate client.
  • It’s expensive. While nursing home residents often qualify for court fee waivers and trial judges are compensated by taxpayers, arbitrators are private judges who are charged for their services – anywhere from $400 to $1,000 hourly.
  • They aren’t often voluntary. They are typically offered as a “take-it-or-leave-it” option. Few understand the consequences of signing the arbitration agreement.

Continue reading →

Published on:

Uninsured motorist benefits are critical for drivers in Florida. While not technically mandated (though insurers must offer it, and motorists must sign a waiver if they choose not to buy it), this coverage is often the only way to obtain adequate compensation for losses suffered in a Fort Myers car accident.car accident lawyer

But just because you pay for this coverage doesn’t mean the insurer will pay up without a fight. Auto insurance companies are notorious for rooting out any and all possible loopholes to either deny coverage or minimize the amount payable. Fighting for just compensation is important to our injury lawyers, and we have a long track record of success in this arena. Many of these cases are resolved through negotiation – often long before trial and many times without even needing to file a lawsuit. However, we will not hesitate to bring a case to trial if that’s what is in the best interests of our clients.

Recently in Alabama, the state supreme court affirmed a jury verdict against a UIM insurer favoring a plaintiff in a car accident lawsuit that has been ongoing since 2011. Continue reading →