A five-year-old child vacationing with his family suffers a serious fall from a hotel window, causing him to incur critical, debilitating injuries, including brain trauma. Who is responsible? A California appellate court recently granted the family the right to present a case at trial that the hotel was responsible for…
As the international recall on Japanese-made Takata airbags widens, a Miami-Dade woman has filed her own lawsuit, alleging defective airbags left her with lifelong scarring – and nearly killed her. It’s true there is rarely such thing as a “normal” accident. After all, crashes are rarely anticipated, and the unexpected…
The determination of who owns a vehicle and/or who has permission to drive it is a key in the wake of a crash. Answers to those questions will help your attorney figure out which insurance claims to pursue and what kind of coverage to which you may be entitled. Often,…
A state supreme court decision in Arkansas underscores a fact that injured workers in many states come to find out: Injury lawsuits against co-workers are generally barred unless there is some evidence the action was intentional or outside the scope of employment. That means the primary question is whether the…
A pedestrian was injured by a wrong-way delivery worker bicyclist on a one-way street. The pedestrian was crossing due to construction barriers blocking his path on the sidewalk. In a lawsuit he filed several months later, plaintiff alleged a large trash bin placed on street-level parking in front of the…
In order to sue a business or municipality for failing to address a trip-and-fall hazard, a plaintiff must first show defendant knew or should have known about the danger. If there is proof the defendant knew, that’s called “actual knowledge.” When the evidence shows instead the defendant should have known…
In most bad faith claims against auto insurers, the “bad faith” lawsuit is filed separately from the liability portion, lest it be deemed premature and dismissed. However, in the recent case of Safeco Insurance Co. v. Beare, plaintiff counsel amended the original third-party complaint alleging liability for a crash to…
An allegedly false statement by an auto insurance agent regarding stacked underinsured motorist (UM) coverage is at the center of a personal injury case before Florida’s Second District Court of Appeal. Although other elements of the claim have been dismissed and affirmed on appeal, allowed to proceed is the question…
A Florida appellate court has ruled an auto insurance company for an elderly man who lied about his competency as a driver in deposition testimony following a crash will have to pay sanctions imposed by the trial court for those misrepresentations. Our Fort Lauderdale car accident injury lawyers understand this…
One of the many ways car insurance companies seek to limit the amount they have to pay in claims is with fine print that includes so-called “step-down provisions.” These are clauses that limit the amount of money available to be paid in certain circumstances. While the language may vary from…