Author Archives: Jay Butchko
Deceptive and Unfair Trade Practices in Florida
Two McDonald’s customers recently filed a class action lawsuit against the fast food giant. They filed their complaint in federal court in Florida, claiming that they’ve been charged the full price for the Quarter Pounder with Cheese even when they order it without the cheese. The customers are seeking damages under the Florida Deceptive… Read More »
Injuries Caused by Fireworks
Thousands of people are injured by fireworks every year, according to the U.S. Consumer Product Safety Commission (CPSC). In 2017, U.S. emergency departments treated approximately 12,900 people whose injuries were at least partially caused by fireworks. Here are a few other related stats: There were eight fireworks-related deaths in 2017 (not counting people who… Read More »
Avoid Filing a Frivolous Lawsuit
Some personal injury lawsuits don’t succeed at trial. Usually that’s because the plaintiff couldn’t prove her case or didn’t follow the proper procedures. But sometimes, a lawsuit fails because the plaintiff had no reason to be filing the claim at all. There’s a difference between filing a claim that isn’t viable and filing a… Read More »
Boating Accidents in Florida
In June 2018, two boats crashed during the Jacksonville Grand Prix of the Sea on the St. Johns River. Several people were injured in the accident, and one man, a Florida firefighter, died. Witnesses expressed concerns about the safety of the race, according to news reports. Whether the race organizers or boat drivers were… Read More »
Limitation of Liability Clause
A woman bought a ticket to take a water taxi tour in Fort Lauderdale. She twisted her ankle during the ride and filed a lawsuit against Water Taxi Shuttle LLC and Water Taxi of Ft. Lauderdale LLC, claiming that they were responsible for her damages. The companies say that the woman’s ticket purchase was… Read More »
Settlement Agreements in Personal Injury Cases
Many personal injury cases never make it to trial. Instead, the parties might choose to enter into a settlement agreement. Deciding whether to settle is a major decision, so be sure that you are well-informed about the process before taking that step. Here are a few frequently asked questions about reaching a settlement agreement… Read More »
Suing for Negligent Infliction of Emotional Distress
Some accidents cause more than just bodily harm. That’s why, under certain circumstances, Florida law allows personal injury victims to seek compensation for emotional injuries. In fact, some victims might be able to sue under a legal theory called “negligent infliction of emotional distress.” Recovering Emotional Distress Damages The Florida Supreme Court has explained… Read More »
Failure to State a Claim
A foster child filed a personal injury lawsuit (rather, a lawsuit was filed on his behalf) against those responsible for his care after they allegedly failed to provide him with proper dental care. He claims he had a serious pain in his teeth that his caregivers ignored, and that he might suffer lifelong injuries… Read More »
Intervening in a Personal Injury Lawsuit
Some lawsuits are fairly black and white. Person A injures Person B, and Person B files a personal injury lawsuit. But what if Person A injured Person C in the same accident? Does Person C have to file her own lawsuit, or is there any way for her to join Person B’s lawsuit? The… Read More »
The Dangers of Left-Lane Driving
Driving too slowly in the left lane is often just as dangerous as driving too fast. That’s why Florida law generally requires slower drivers to keep to the right and designates the left lane for passing purposes only. There are many problems associated with left-lane driving. According to Expedia’s 2016 road rage report, hogging… Read More »