Author Archives: Jay Butchko
Understanding the Slavin Doctrine
Construction defects are a major problem. People can be seriously hurt if a contractor makes a mistake while building a house or performing maintenance work. Contractors, like other professionals, have a duty not to act negligently. Contractors who fail to use a reasonable amount of care might be liable if their negligence causes injuries…. Read More »
Bicycle Accidents and Florida Negligence Law
Florida ranks first among bicyclist fatalities in the United States, according to statistics published by the National Highway Traffic Safety Administration. Common causes of bicycle accidents include: Distracted drivers who aren’t paying attention and don’t notice the cyclist until it’s too late, Drivers who run stop signs or otherwise don’t obey posted traffic signs,… Read More »
Understanding Intentional Torts
In June 2017, a black South Florida man tried to withdraw money from a Wells Fargo branch in West Palm Beach. He handed his driver’s license and Visa card to the teller but was told to wait. One of the bank tellers called the Palm Beach County Sheriff’s Office, and then the police showed… Read More »
Understanding the Sudden Emergency Doctrine
Not every accident or personal injury is caused by negligence. But it might be negligence if the person who caused the accident acted carelessly. For example, the victim can probably prove negligence when a driver rolls through a stop sign and rear-ends another vehicle. However, there are certain defenses that negligent actors can use… Read More »
Overview of Florida’s Court System
It’s important for personal injury and wrongful death litigants to understand how the Florida court system works. The more knowledge you have, the easier it will be to navigate the litigation process. For example, you need to know the difference between Florida’s courts. There are three distinct judicial layers: trial courts, appellate courts, and… Read More »
Using Cell Phone Data to Prove Distracted Driving
Tennis star Venus Williams was involved in a car accident last year that fatally injured the other driver’s husband. That woman’s family filed a wrongful death lawsuit against Williams, claiming that her negligence caused the accident. Specifically, they claim she was distracted by her cell phone when the crash happened. A judge recently ruled… Read More »
The Florida Telemarketing Act
When you think of a personal injury lawsuit, you probably imagine a physical injury, like head trauma suffered in a car accident or a broken arm caused by slipping and falling in a grocery store. But Florida law recognizes that there are other types of injuries. For example, under the Florida Telemarketing Act, consumers… Read More »
Filing a Personal Injury Lawsuit as an Undocumented Immigrant
An undocumented immigrant from Guatemala filed a lawsuit in Miami federal court after her son was injured at an immigration detention center. The 11-year-old boy was injured when another child caused him to hit his head on a metal bed. The lawsuit claims that detention center officials didn’t protect the boy and also didn’t… Read More »
Suing for Dog Bite Injuries in Florida
A six-year-old Jacksonville girl died after being mauled by a dog in her home. The dog, a pit bull terrier, doesn’t belong to her family, but they were pet-sitting it. Under Florida law, the dog will be euthanized after a 10-day quarantine unless the owner files an appeal. In that case the dog will… Read More »
Recognizing Delayed Accident Injuries
Car collisions typically generate a lot of force, whether they involve minor fender-benders or a high-speed accident. “Minor” collisions are particularly problematic when it comes to recognizing personal injuries. People who think the accident is no big deal might not recognize injury symptoms right away. Sometimes it’s obvious when you’ve been injured — fractures… Read More »