Author Archives: Jay Butchko
Understanding the Concurring Cause Doctrine
To win your negligence lawsuit, you must prove that your injury was actually caused by the defendant’s negligence. The injury must be the foreseeable consequence of the defendant’s conduct and something that wouldn’t have happened but for that conduct. However, the defendant’s negligence doesn’t have to be the only cause of your injury (even… Read More »
Negligent Gun Owners and Gun Safety
In April 2018, a man was shopping for ammunition at a gun store in Cape Coral when he accidentally discharged his semiautomatic handgun. While no one was injured in the incident, he did leave a bullet hole in the floor. Accidentally discharging your firearm isn’t a crime in Florida, but you can be held… Read More »
Understanding Proximate Cause
Imagine that your neighbor’s house catches on fire because she left the oven on, and the fire spreads to your house and injures your child. Or that you visit a restaurant and slip on a giant puddle of water. Or that your neighbor invites you over for dinner but when you walk up the… Read More »
Understanding Independent Intervening Causes
A negligence claim will only succeed if you prove that your injury was actually caused by the defendant’s negligence. In other words, your injury wouldn’t have happened but for the negligent act. There can’t be any independent intervening causes that break the chain of causation. What Is an Independent Intervening Cause? An independent intervening… Read More »
Pedestrian Traffic Injuries and Fatalities
Walking is a basic form of transportation. But unfortunately, walking — even on the sidewalk — isn’t always safe, especially in Florida. Nationally, pedestrian traffic fatalities increased by 11 percent between 2015 and 2016, according to the Governors Highway Safety Association. The GHSA report also found that pedestrian deaths increased by 25 percent between… Read More »
Types of Distracted Driving
An 81-year-old man was killed in March 2018 when a distracted driver crashed into his stopped vehicle on Interstate 95, according to the Florida Highway Patrol. The man’s 80-year-old wife was severely injured in the accident. The 22-year-old driver who hit them had two children in the backseat and was traveling 70 miles per… Read More »
Suing for Negligent Hiring and Retention
In March 2017, a female customer visited a Walmart in Orlando to have her car worked on. She claims that the mechanic failed to properly secure her hood and that it flew up and cracked her windshield, causing her to crash. The customer recently filed a lawsuit against Walmart, alleging negligent retention, negligent training… Read More »
Filing a Child Injury Lawsuit in Florida
In November 2016, a minor child was playing on a climbing wall at the Orlando Science Center when her foot or leg got caught in the equipment. She was severely injured and in a lot of pain. Her parents recently filed a personal injury lawsuit against the center, alleging that the business failed to… Read More »
Understanding Affirmative Defenses
It’s important for anyone filing a personal injury lawsuit in Florida to understand what arguments the defendant might make. Generally the defendant will start by saying that he wasn’t negligent and didn’t cause the plaintiff’s injuries. But the defendant could also take a more aggressive approach. For example, the defendant may raise an affirmative… Read More »
Negligently Provided Services in Florida
It’s not unreasonable to expect a certain standard of care when you receive a facial or other professional service. It’s also not unreasonable to expect that a professional who claims to have a license actually has that license. But unfortunately that’s not always the case. A woman who visited The Cosmetic Institute in Orlando… Read More »