You may have heard in the news about how arbitration clauses are causing consumers difficulty when bringing claims against big companies. You may think arbitration is a threat to just consumer clients suing businesses for unfair trade practices. But more and more, it’s being used against those who suffer personal injury due to the negligence of another, as big businesses’ way of trying to deny victims the right to a jury.

What is Arbitration?

Arbitration is an informal proceeding where both sides present their evidence and a decision is made about the case. Unlike court however, the decision is not made by a jury, but rather, an arbitrator. The arbitrator also may not even be a judge, but may be a lawyer, retired judge, or other professional.

Often when people are injured, the negligence involved multiple parties. A construction site can have contractors and subcontractors, stores may rely upon outside vendors, and apartment complexes may contract out with private security companies to handle security. Thus, knowing which entity to sue, and holding the right party responsible for your injuries, becomes crucial.

Delegating Duties

Often, companies will argue that they have delegated the duties they owe to the public or to you, to another company, and that company is the one responsible for your injuries. So, for example, a store that hires a separate maintenance company to clean their floors will point the finger at that company when you slip and fall because of the poorly maintained floors.

When people are injured because of the negligence of another, it may be natural to think that filing a lawsuit is the immediate next step in order to get reparation for injuries. But in fact, there are many steps that often occur before a lawsuit is filed, and which are necessary to develop your case, if a lawsuit becomes necessary.

Medical Treatment is Needed

The obvious first step in developing an injury case is for you to recover or try to recover for your injuries. Filing a lawsuit before you have had sufficient time to treat and recover is often a bad idea. In many cases, you may undergo months of therapy, and end up needing surgery. In other cases, the therapy may almost completely bring you a full recovery. But it’s impossible to know which will be the case until you have undergone medical treatment (this is often called MMI, or maximum medical improvement).

We often hear about punitive damages in movies or on TV. It seems easy to get them, if you believe Hollywood’s interpretation of punitive damages. But in Florida, punitive damages are not easy to get, and there is even a special statute that dictates when and how punitive damages can be sought.

What Are Punitive Damages

As the name implies, punitive damages are intended to punish, or at least, deter others from acting in a similar manner in the future. This is different from traditional damages, which seek to compensate the injured victim for loss.

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.

Child Falls on Substance in a Mall

A woman alleged that in 2005, her minor son fell on a slippery substance in shopping mall, right near a Chick-Fil-A restaurant. She sued for his injuries, alleging the restaurant negligently allowed the foreign substance to remain on the floor, and knew or should have known it was there, thus creating a dangerous condition.

One of the most frightening scenarios for patients who undergo a surgical procedure in a hospital is the possibility of having a foreign object left inside of them. A recent case discusses how and when the law protects those who fall victim to this kind of negligence.

Man Has Object Left Inside of Him

Recently, a man underwent a surgical procedure in a hospital, and a drain was inserted into him, a common procedure to allow drainage of excess fluids. A nurse eventually removed the drain. The man began experiencing intense pain for days afterward. What he didn’t know then, but eventually learned, was that a portion of the drainage tube had dislodged, and remained inside of his body.

In many cases, being on the top of a best or worst-of list, can be bad news. That’s the case for Florida, which was recently ranked in a study as being the worst state in which to get into a car accident. That’s right, including Washington D.C., Florida was 51 of 51.

 

Study Evaluates Insurance Issues

The study was based on both the kinds of insurance required by a state, and the percentage of drivers that were driving, illegally or not, without any insurance. The study also took into consideration what kinds and what limits of insurance are required by drivers to be carried. Many states have no insurance requirements at all.

It’s pretty basic that when you are litigating a case involving personal injuries, you need evidence to prove your case in court. In fact, much of what happens before trial involves disputes over what evidence can be obtained and which evidence the negligent defendant is not required to produce.

One category that doesn’t have to be produced is known as “work product.” This term has a specific legal definition, but in practical terms, anything deemed work product may be very difficult for you to obtain to prove your case.

What is Work Product?

When we think of medical errors, we usually think of medical malpractice, or errors by other medical providers or facilities. We don’t often think of pharmacists. But where a medication creates an adverse effect—including death—it’s important for someone who is injured to consider the liability that a pharmacist may have.

When Pharmacists are Liable

Suits against pharmacist may include:

We’ve written in the past about the civil aspects of crime. A huge area of negligent security case law derives from crime that occurs at apartment complexes. Landlords aren’t insurers of tenant safety, but surely have an obligation to do what they can to keep foreseeable crime out of the complex, and provide basic safety measures for tenants to help prevent injuries.

A recent case decided by the Florida Supreme Court emphasizes how important nuanced facts are to negligent security cases. In the end, the court made a ruling that makes it a bit easier for victims to obtain reparation for injuries caused by a landlord’s failure to provide adequate safety.

Murder in an Apartment Complex Leads to Lawsuit

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