Play ball! The weather is finally warming and baseball season is back. With all the excitement that baseball games bring, there are certain legal issues that you should be aware of, such as the “assumption of risk.” This applies to the players as well as the fans. For example, a…
Articles Posted in Premise Liability
Social Guests and Premises Liability in Florida
Whether it is July 4th parties, graduation parties, summer parties, or parties in general, if you live in Florida, please beware that you may be held liable if someone is injured on your property. A social guest, if injured in your house, may sue you if he or she is…
The Basics of Florida’s Complex Slip, Trip, and Fall Law
The winter months are upon us. The winter months bring with them several holidays, including Christmas, that bring about millions of shoppers. People all across the state of Florida flock to stores. With the massive amounts of people out there shopping, personal injury rates significantly increase. This post will focus…
Fourth Settlement Reached Over Negligent Security in Apartment Shootings
In November a Miami apartment complex settled its fourth negligent security case in four months. The 9-year-old son of a man shot in April was awarded $1.45 million because the apartment failed to provide adequate security precautions for its residents. If you have been injured or had a loved one…
Recent Case Decides What Your Shoes Have to do With an Injury Lawsuit
Florida’s liability system is based upon what is known as comparative fault, or comparative liability. What this means is that if you are injured as a result of someone else’s negligence, a jury at trial can reduce your award by any amount that you were negligent—that is, the extent that…
Court Decides What Law Applies to 2005 Slip and Fall Injury Lawsuit
It’s not often that a court has to determine what the law was, and what law applied, almost five years previously. But a recent slip and fall case has caused a court to evaluate whether a law changed back in 2010 should apply to an accident that happened in 2005.…
Medical Causation and How It Can Be the Difference Between Winning and Losing a Case
In a personal injury action, under Florida law a Plaintiff must show the elements of 1.) Duty 2.) Breach 3.) Causation, and 4.) Damages. When we are injured by the negligence of another, especially when we are injured on the premises or property of a business, it’s common to think…
Premises Liability or Ordinary Negligence? The Difference Can Make or Break a Case
If you’re injured on someone else’s property, you may not give much thought as to whether your case involves ordinary negligence, or premises liability. In fact, the terms sound practically identical in many ways. But legally, and to injury lawyers that specialize in premises liability cases, the distinction can make…
Court Allows Victims to Recover Even if a Condition is Open and Obvious
If you are injured in a fall on a business owner’s premises, a crucial question will be whether the dangerous condition was “open and obvious” to you. The open and obvious doctrine can be a difficult hurdle to overcome for injured victims seeking damages for their injuries, but a case…
WOMAN HIT BY DRUNK DRIVER EMPLOYED BY CLUB LEXX AS AN EXOTIC DANCER
On May 16, 2008, plaintiff Alcira Marcella Britt was hit by drunk driver Shanna Clayton who was employed as an exotic dancer at Club Lexx in Miami, Florida. Ms. Britt was obeying the law and driving safely when Clayton’s car crashed into hers, leaving her seriously injured. Britt’s injuries caused…