Tag Archives: Florida Personal Injury Attorney
Evacuation Drills in Public Places
Schools and private businesses aren’t the only facilities that hold drills to prepare for active shooter situations. But at schools and some businesses, such drills are expected, and often even announced beforehand. What happens, though, when you’re out and about in a public place and not somewhere you’d expect to encounter an active shooter/evacuation… Read More »
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 »
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 »
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 »
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 »
First Lawsuit Filed After Tragic Bridge Collapse at FIU
Six people died, and others were injured, when a pedestrian bridge collapsed at Florida International University on March 15. One of the survivors recently filed the first civil lawsuit related to the incident, alleging negligence by the companies that oversaw the bridge’s design and construction. What Happened? According to the National Transportation Safety Board,… Read More »
The Difference Between Negligence and Negligence Per Se
Negligence is a central component of personal injury law. Typically, the injured plaintiff must prove that the defendant’s failure to use reasonable care caused those injuries. Proving negligence can be difficult. But in some cases, the law creates a legal shortcut, making it easier for injured plaintiffs to recover compensation. That “shortcut” is called… Read More »
Potential Lawsuits after Stoneman Douglas Shooting
It was an unspeakable tragedy — 17 students and teachers died when a gunman opened fire at Marjory Stoneman Douglas High School in Parkland on February 14, and 16 others were injured. Two injured students recently signaled their intention to sue the Broward County Sheriff’s Office, along with the Broward School Board, the FBI… Read More »
Understanding Default Judgments
In 2015, a Jacksonville teenager died while in state custody at the Brevard Regional Juvenile Detention Center. The 14-year-old was sent there after being charged with burglary. An investigation found that the boy died from bacterial meningitis after eight days in the facility. He had complained of headaches and stomach pain but received no… Read More »
Understanding the “Fabre Doctrine” in Florida
Florida is a pure comparative negligence state, which means that parties pay damages based on their degree of negligence. For example, let’s say that three cars were involved in an accident. One car ran a stop sign, a second car was speeding, and the third abided by all applicable traffic laws. Fault will likely… Read More »