Author Archives: Jay Butchko
Understanding the Dangerous Instrumentality Doctrine
Under Florida’s dangerous instrumentality doctrine, the owner of an inherently dangerous tool or instrument is liable if that tool or instrument is not used responsibly. For example, Florida law considers automobiles dangerous instrumentalities. If a car owner lends her vehicle to a friend, and the friend drives negligently and causes an accident, the owner… Read More »
Surviving Spouses and Wrongful Death Lawsuits
Venus Williams is being sued by the widow of a man who died two weeks after a June 9 car accident allegedly caused by the tennis star. The accident took place in Palm Beach Gardens when the car carrying 78-year-old Jerome Barson and his 68-year-old wife Linda crashed into the side of Williams’ SUV…. Read More »
Does Your Expert Witness Meet Florida’s Requirements?
Medical malpractice claims seem straightforward: you received medical treatment and were injured as a result of that treatment. But Florida wants to ensure that a medical error rises to the level of malpractice before someone can bring a medical malpractice lawsuit. For that reason, Florida law requires patients contemplating medical malpractice lawsuits to hire… Read More »
Golf Cart Accidents
Golf carts are a popular mode of transportation on golf courses, but they are also commonly used on college campuses, in retirement communities and even on roadways. This can be dangerous, especially considering that golf carts lack the same safety features as larger vehicles. They were not designed to be driven on roads or… Read More »
Food Contaminated by Staph Bacteria
Food poisoning is a fairly common affliction in the United States. Every year, one in six Americans are affected by foodborne illnesses, according to the U.S. Centers for Disease Control and Prevention. That equates to 48 million Americans, of whom 128,000 are hospitalized and 3,000 die. There are many different bacteria, viruses and parasites… Read More »
Driving in the Rain
This might come as a surprise, but snow and ice are not the most hazardous driving conditions — it turns out that rain causes more fatal accidents than wintery weather in a majority of states. While certain states don’t see much snow, rain still causes more accidents in some places that do experience a… Read More »
New State Law Regulates Rideshare Companies
Rideshare companies like Uber and Lyft provide West Palm Beach residents and tourists with a convenient transportation option. But such services also raised interesting legal questions about who is responsible in case of a car accident, especially for passengers injured while traveling in rideshare vehicles. While Florida is a no-fault state and insurance pays… Read More »
Toxic Fumes on Airplanes
In May an international flight traveling from Orlando to the United Kingdom turned around after two crew members and more than a dozen passengers became ill from inhaling toxic fumes that were contaminating the cabin air. This was a Thomson Airways Flight, but similar incidents have occurred on Alaska Airlines, American Airlines and British… Read More »
Florida Supreme Court Ruling in Medical Malpractice Lawsuit
Recovering damages in a personal injury lawsuit isn’t always easy. While a jury might agree that you have been injured and are entitled to compensation, actually obtaining that compensation can be problematic, especially if the party you are suing doesn’t have the money to pay you. That’s what happened in a lawsuit that recently… Read More »
Can Businesses be Held Liable for Drunk Driving Incidents?
More than 30 states have laws making businesses criminally or civilly liable for serving alcohol to “visibly intoxicated” customers. So in many cases, people who are injured by drunk drivers can sue the alcohol vendor for damages. Florida, however, is not one of those 32 states, unless the patron falls into a certain category…. Read More »