Author Archives: Jay Butchko
Understanding the Collateral Source Rule
Florida law does not allow negligent parties to pay less in damages simply because a third party has already compensated the injured person. Under the collateral source rule, health insurance payments and similar sources of compensation do not affect the defendant’s liability. That’s why courts generally do not admit evidence of the plaintiff’s health… Read More »
Lawsuits Filed Against Medical Device Manufacturer
Multiple lawsuits have been filed against Cordis Corporation, a company based in Miami Lakes that manufactures medical devices. According to these lawsuits, vascular filters manufactured by Cordis are prone to fracture, disintegration, and migration through the blood system. One of these lawsuits was filed by the family of a New Jersey resident who died… Read More »
Exotic Pet Attacks in Florida
Pet owners have certain responsibilities under the law. One common example is that dog owners can be held liable if their dog bites or attacks another person. The owner is liable if the dog attacks in public or if the injured person is attacked while lawfully on the owner’s property. But dogs are not… Read More »
Suing for Property Damage
Negligent actions don’t always involve physical injuries. Sometimes the damage is solely to real or personal property. Property damage does not have to be accompanied by physical injury in order for you to bring a lawsuit for negligence. Lawsuit Filed After Valet Gives Keys to Wrong Person In July 2017, a man entrusted his… Read More »
Can Injured Persons Hold Negligent Children and Their Parents Accountable?
Imagine that you’re badly injured in a car accident and insurance doesn’t cover all of your damages. An attorney might advise you to file a personal injury lawsuit against the other driver. But what if the other driver is a teenager? Most minors are considered judgment proof, which means they don’t have any income… Read More »
Florida’s Good Samaritan Act
Florida law does not generally require citizens to aid or assist injured persons. However, an individual who begins to provide aid has a duty to exercise due care under the Good Samaritan Act. This means they must provide the type of medical treatment that a reasonable person would provide under similar circumstances. If an… Read More »
Understanding the Reasonable Person Standard
Not every accident is the result of negligence. The difference between a pure accident and an accident caused by negligence is the standard of care that the law requires in that situation. If a person neglects the requisite standard of care then he or she might be liable for any resulting injuries. For example,… Read More »
Understanding the Exculpatory Clause
An exculpatory clause is a contract provision that relieves one party from liability if executing the contract results in damages. The goal is to prevent personal injury or wrongful death lawsuits. For example, a dry cleaning receipt might include an exculpatory clause freeing the company from liability if the clothing item changes color or… Read More »
Suing a Florida Hotel for Negligence
Florida hotel owners are responsible for protecting guests against known and reasonably ascertainable dangers. Under Florida premises liability law, hotel guests are considered “invitees,” and owners can be held liable for injuries that they suffer on their property. Note that the law classifies victims in one of three ways: invitee, licensee or trespasser. The… Read More »
Understanding Intentional Misconduct and Gross Negligence
Accidents happen, but that doesn’t mean victims aren’t entitled to compensation for their injuries — especially when the accident happened because someone else acted negligently. Sometimes, though, a person’s conduct is so egregious that justice requires more than compensating the victim. In those cases, courts may award punitive damages intended to punish wrongdoers for… Read More »