What is my Case Worth?
Per the negligent entrustment rule, vehicle owners are liable for damages if they allow people to use their vehicles and those individuals negligently injure someone else. However, because of the Graves Amendment, this rule has limited applicability in commercial transactions, such as those that involve U-Haul and other moving truck rental cases. This issue is [...]
In our increasingly-polarized society, the battle lines are clearly drawn in dog bite cases. Some states have laws which essentially immunize owners against negligence lawsuits, through procedural hurdles, damage caps, or both. Other states, including Florida, have more victim-friendly laws which make it easier to file, and win, a damage claim. Dog Bite Law in [...]
That was the word one observer used to describe an 11 percent increase in pedestrian traffic deaths. That’s the highest single-year increase ever and almost twice the size of the increase in traffic deaths overall. Lower gas prices and a better economy mean that more cars are on the roads, and a significant number of [...]
Eighty percent of the 7,000 swimming pool drowning deaths that occur each year happen in backyard spas or pools. This figure does not include the number of swimming pool and spa poisonings, because sometimes owners overuse toxic cleaning chemicals, like chlorine and bromine. This figure also does not include the number of serious swimming pool [...]
Human error causes almost all car crashes, and many times, that error is unrelated to driving. For example, a tire may be defective or the operator may be too sleepy to drive. Alcohol impairment, which is a factor in about a third of the fatal vehicle collisions in Florida, may be the most prominent example. [...]
Although most all states passed seat belt laws with practically no opposition or fanfare, other vehicular safety laws have stirred more controversy, and motorcycle helmet laws are a good example. While there is little or no evidence on point, many riders, and some safety advocates, believe that motorcycle helmets are basically a wash. While they [...]
A sharply-divided body ruled that limits which “arbitrarily reduce damage awards for plaintiffs who suffer the most drastic injuries” are unconstitutional. Former Gov. Jeb Bush called the Legislature into special session three times before lawmakers eventually approved caps as low as $100,000. Typically, the maximum was $500,000 for serious cases and $1 million for “catastrophic” [...]
Scientists once believed that young children could recuperate rather quickly from brain injuries, but the evidence now indicates otherwise. A study from the Monash University School of Psychological Sciences concluded that even moderate brain injuries among children caused anxiety, depression and other symptoms more than a decade after the trauma occurred. These effects are well-chronicled [...]
The AAA estimates that fatigued drivers cause about a third of the injury crashes in Florida, but this figure is nothing more than a rough estimate. For one thing, there is no “Breathalyzer” test to determine fatigue; for another, many law-enforcement agencies do not code crashes as drowsy driving-related unless the tortfeasor (negligent driver) falls [...]
A West Palm Beach woman lost her appeal against a condominium company; she had sued for damages following a slip-and-fall in a retail area. In Arp v. Waterway East Association, the victim slipped on a loose pavement stone in a shopping center parking lot about 11:00 one night. At trial, the victim testified that she [...]
