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Articles Posted in personal injury

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Injured Teen Settles Broward Bus Accident Lawsuit for $850k

Life for a 14-year-old boy and his family was forever altered the day he tried to catch a county bus in Fort Lauderdale. The teen had been walking to the Broward mass transit bus stop site with his mother when she had a problem with her shoe and fell. She…

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Negligent Mode of Operation in Slip-and-Fall Cases

In Florida slip-and-fall cases, the negligent mode of operation rule was developed initially through common law, later codified in F.S. 768.0710(2), which described the “mode of operation” as a possible cause of action a property owner could face in negligence actions that involved slips and trips on transitory foreign substances…

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Baugh v. Cuprum – $11 Million Ladder Injury Verdict Affirmed

An $11 million injury verdict was affirmed recently by the U.S. Court of Appeals for the Seventh Circuit, which held there was sufficient evidence plaintiff in Baugh v. Cuprum proved his injury was owed to the defective design of a ladder from which he fell.  Ladder falls are a major…

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Kaplan v. Dutra – Protecting Debtor’s Personal Injury Claims in Bankruptcy

Personal bankruptcy filings have been declining in recent years – which is an indicator of national recovery. But there were still 3,440 filed in Florida just in January 2016. Such filing are popular in the first month of the year, when consumers begin to carefully assess their finances after the…

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Pressure on Wal-Mart to Curb Crime, Keep Shoppers Safe From Injury

People shopping for the holidays – or really any time – have an expectation that they’ll be reasonably safe when they go to the store. That means the boxes will be safely stacked, spills will be cleaned up and the walkways cleared of debris or other hazards. It also means…

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Davis v. Baez – Florida Negligence Claim Against School Bus Driver Gets Green Light

A horrific school bus crash in Tennessee made international headlines when the driver, ferrying 37 children, strayed from the route and crashed, leaving six children dead and dozens injured. Questions have been raised as to whether the 24-year-old driver intentionally crashed the bus and whether the district should have been…

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Florida Medical Malpractice Damage Caps Again Struck Down on Appeal

Another Florida appellate court has struck down a state law that restricts the amount of money that can be awarded for pain-and-suffering in a medical malpractice lawsuit that results in injury. The Florida Supreme Court had already declared that medical malpractice damage caps on such cases resulting in death were…

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Anderson v. Hilton Hotels Corp. – Florida Supreme Court Weighs Right to Attorney Fees for Injury Plaintiff

A man who successfully sued a hotel chain and several other defendants for third-party liability stemming from a criminal attack at a hotel has now won another victory for attorney’s fees before the Florida Supreme Court. At issue was F.S. 768.79 and whether a trio of defendants – named as…

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Motorcycle Riders in Construction Zones Face Hazards

Community growth can be seen in almost every area in South Florida. This growth means we need to expand our roads, update our bridges and install new traffic features. All of this involves construction as a near constant element of our commute. For motorcyclists, riding in construction zones can be…

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Finch v. Thurston County – Dog Bite Injury Strict Liability Exceptions

Dog bite injuries in Florida are handled under a legal theory known as “strict liability.” What this means is, according to F.S.767.04, a dog owner may be liable if his or her dog bites someone – even if that dog had no history of any vicious behavior and even if…

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