Fort Myers personal injury lawyer Tag Archives

Court Rules Home Inspector Not Liable for Home Defects Resulting in Injury

December 2, 2017 | Associates and Bruce L. Scheiner

Anytime you purchase property in Florida, an inspection by a licensed, certified home inspector is typically part of the process. F.S. 468 Part XV covers home inspector requirements. Home inspectors are called upon to closely examine the structure and property and identify potential material defects. But what if they miss something that ends up resulting in personal injury? Will you have a claim?

The answer is not a simple one, and will depend on the language on the home inspector contract (whether the contractor limited his/ her own liability), as well as the duty of care owed to the person filing the claim.

The question in a recent premises liability lawsuit out of Tennessee was whether a home inspector was liable to a third party who suffered personal injury on a someone else’s property due to a construction defect. Continue reading ›

Target Shopper Stuck by Needle in Parking Lot Wins $4.6M

September 28, 2016 | Associates and Bruce L. Scheiner

Jurors recently awarded $4.6 million in damages to a woman who suffered personal injury after she was stuck by a needle in a Target shopping center parking lot.

Initially, the woman’s attorney offered to settle with the retail giant for $12,000. That offer was flatly rejected, so the South Carolina litigator took the case to trial – with great success. Although it’s probably the retail chain will appeal, if the award stands, it will be one of the largest personal injury verdicts in that region, according to the local clerk of courts.

According to USA Today, the incident happened in a store parking lot in May 2014. Plaintiff said she had just gotten out of her vehicle when she looked up to see her 8-year-old daughter picking up a hypodermic needle. Swiftly reacting, plaintiff swatted the needle away from her daughter. As she did so, the needle struck the palm of her right hand. Continue reading ›

Florida Supreme Court to Weigh Expert Witness Standards

September 13, 2016 | Associates and Bruce L. Scheiner

The Florida Supreme Court recently heard oral arguments on whether to revert to an older, less rigid system of vetting expert witnesses, or to keep the newer, higher standard imposed by state legislators three years ago.

The former is known as the Frye standard, while the latter is the Daubert standard. Both standards are named after court cases, and Daubert is the standard used by federal courts.

Now, before we lose everyone here, we fully concede this sounds like the sort of dry, technical legal argument no one but lawyers care about it. But in fact, it’s something all Floridians should care about. That’s because at some point in your life, you are probably going to wind up in court. Perhaps you will file a personal injury lawsuit. It’s possible you might someday be accused of some type of negligence as a defendant in such a case. Maybe you will be accused of a crime or perhaps you are the victim. Both the criminal and civil justice system often rely heavily on the testimony of expert witnesses – from forensic experts to car accident reconstructionists to medical doctors to mechanics. The standard the court chooses to apply to vet such witnesses will affect whether their testimony is allowed, which has the potential to swing an entire case.

Florida ATV Accident Leaves Christian Music Singer in Critical Condition

August 5, 2016 | Associates and Bruce L. Scheiner

Dallas Taylor, a noted Christian music singer, has been hospitalized with critical injuries following a serious Florida ATV accident in Ocala, according to The Ocala Star-Banner.

Taylor is a founding member of Christian metalcore band Underoath and lead singer of other bands Maylene and Sons of Disaster. The 36-year-old was reportedly operating an all-terrain vehicle (ATV) on property that belongs to a Baptist church shortly after 6 p.m. on a recent Tuesday. Investigators say that as he drove up an embankment, he lost control of the vehicle and then hit a sign. Taylor then reportedly flipped off the vehicle, which then came to a rest on top of him.

He was reportedly not wearing a helmet at the time of the ATV accident. He was flown by helicopter to a hospital in Gainesville, where doctors performed a series of neurological tests. His injuries reportedly include a bleed in his brain as well as a clot in his carotid artery. He is also suffering from numersou broken bones. Continue reading ›

Bill: End Mandatory Arbitration Blocking Court Access

May 23, 2016 | Associates and Bruce L. Scheiner

Mandatory arbitration agreements have become so commonplace, it’s often almost a given that people will enter them any time they:

Purchase a product;
Renting a car;
Seek admission into a nursing home;
Enter a facility/ venue.

These agreements serve to block access to a dispute resolution through the civil court system, instead requiring anyone with a problem to seek redress through a skewed arbitration system in which arbitrators view corporations as their “clients.” Continue reading ›