A new government audit points the finger at Medicare for failure to enforce federal law requiring immediate law enforcement notification of any sexual or physical abuse against nursing home residents. The Health and Human Services’ Office of Inspector General put forth an early alert on preliminary data on the issue, based on sizable samples from…
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In a recent ride-along with Florida Highway Patrol troopers in South Florida, an NBC affiliate news crew took note of numerous drivers texting, scrolling and talking away behind the wheel. Despite observations of this extremely dangerous behavior, the trooper was without an actionable cause to stop these drivers. That’s because Florida has one of the…
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It’s estimated that nearly 50 percent of all pedestrian accidents involve some type of alcohol use – either by the motorist or the pedestrian. This can become a point of contention in an injury lawsuit because evidence of impairment – even if it’s not an illegal, given the circumstances – can still be used to…
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The criminal and civil justice systems are separate and serve very different functions. While the criminal justice system seeks enforcement of our laws and ordinances, civil liability exists to allow individuals, families and businesses to be compensated for civil wrongdoings. In addition to serving different purposes, they also hold different proof burdens. This is why…
Continue reading ›As far as dram shop laws go, Florida’s is pretty weak. It’s not that F.S. 768.125 isn’t worth considering in your drunk driving accident claim, but it can only be applied in limited circumstances. A dram shop law is one that allows claimants to hold a bar or liquor license holder accountable for failure to…
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An auto insurer’s failure to comply with the state’s Claims Administration Statute, F.S. 627.426, meant no genuine issue of material fact was left to consider regarding insurance coverage of an absconded drunk driving suspect who allegedly killed five people in a horrific crash. Plaintiffs, parents of one of those killed, sued defendant driver for wrongful…
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Almost every public service announcement warning regarding drunk driving in Florida suggests finding a designated driver. This is a person who agrees to be sober in order to safely drive another person or group of people after they’ve been indulging in alcohol. All drivers owe a duty to use reasonable care on the roads. But…
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Your auto insurance policy is a contract. It outlines your rights and your obligations, and as long as it isn’t ambiguous or contrary to public policy, the terms of it are most likely binding. One of the common terms is the obligation of insured to cooperate with the investigation. This does not mean you are…
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To win a slip-and-fall lawsuit in Florida, plaintiff (the injured person) must prove defendant had actual or constructive knowledge of the hazard and failed to address or warn about it. Actual knowledge means the business was aware of that particular hazard in that place and time. Constructive knowledge, per F.S. 768.0755, is proven with circumstantial…
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A trucker deemed negligent in a trucking accident lost his appeal on a $3.3 million verdict favoring the driver of a minivan who suffered serious injuries in the crash. Part of that appeal was based on the assertion that trial court wrongly excluded evidence of plaintiff’s marijuana use prior to the crash. Defendant also argued…
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