Articles Tagged with injury lawyer

A cruise line has a responsibility to know that passengers are at risk of sexual assault, and have a duty to do more when it comes to the protection of minors especially. That was the conclusion of the U.S. Court of Appeals for the Eleventh Circuit in Miami, overturning the lower court’s grant of summary judgment for the defense.Fort Lauderdale injury lawyer

Cruise ship injury lawsuits have compiled in recent years, following a string of victories by plaintiffs alleging cruise ship owners and staff did not protect them from criminal assault resulting in serious physical and psychological injury – despite knowing this was a common risk.

In this case, according to court records, plaintiff was plied with alcohol by a group of adult men who then guided her, in full view of security cameras, stumbling, back to a private cabin and took turns sexually assaulting her. She was 15-years-old. The girl was on a seven-day cruise with her grandparents and two sisters. Continue reading

A woman is suing Disney World in Orlando, alleging she suffered a traumatic brain injury when a wild, migratory bird suddenly attacked her – a danger about which she says the theme park failed to warn. injury lawyer

What duty – if any – do Florida theme parks and other property owners have to guests? The answer is under state premises liability law and precedent, it falls on a spectrum, with relevant factors including:

  • The injured person’s purpose for being on the site;

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 accident

This does not mean you are required to give a statement before talking to an attorney. But it does mean you may be required to testify under oath at the request of the insurer, or else risk foregoing coverage.

This was exactly what happened in a recent Kentucky Supreme Court decision wherein substantive issues of material fact relating to the crash were in question.  Continue reading

A new analysis conducted by the Federal Insurance Office reveals millions of Americans live in swaths of the country where car insurance is not affordable. In an analysis of 9,000 ZIP codes with high numbers of “underserved” people, including those with low-to-moderate incomes and minorities, approximately 10 percent lived in regions where auto insurance cost them 2 percent or more of their household income. That equates to 19 million people nationally.traffic

Here in Florida, the percentage of uninsured drivers in Florida was approximately 24 percent, or about 1 in 5. That’s the second-highest uninsured driver rate in the country. The cost of insurance can’t be discounted as a primary reason for this. The federal researchers concluded that a 40-year-old man with a clean driving record and a strong credit score would pay $1,655 annually for car insurance. That’s 25 percent more than the national average.

When researchers looked at Florida ZIP codes, they found that among all of Florida’s 19 million residents, about 41 percent – or 7.9 million people – live in ZIP codes that have high concentrations of people who are considered under-served. Nearly 30 percent of all people in those ZIP codes pay more than 2 percent of their income on car insurance, which amounts to about 3 million people. Continue reading

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

Ladder falls are a major problem at American workplaces, but they are also problematic for those off-the-clock as well. Every year, more than 90,000 people are treated in U.S. emergency rooms due to ladder-related injuries. Elevated falls account for 700 work-related deaths every year, which account for 15 percent of all occupational fatalities. The Consumer Product Safety Commission reports ladder-related accidents have increased by 50 percent over the last decade.

Some of the issue involves user error. This could mean using the wrong ladder for the type of task at hand. It could also mean improperly placing the ladder or not using the ladder the right way. It could be the fault of the ladder owner for failure to maintain the ladder or allowing one to be used that is damaged or worn. However, there are also a fair number of these cases that stem from use of ladders that are defectively designed or defectively manufactured.  Continue reading

Work is a dangerous place for many in South Florida, and there are numerous opportunities to get hurt, depending on the field. Falls are typically the most common, but motor vehicles accidents are a significant source of workers’ compensation claims too. Workers’ compensation benefits are typically the only source of money one can get from an employer for a work-related injury. The good news is employees don’t have to prove the company was negligent, but they are usually only entitled to coverage of medical bills and a portion of lost wages. driveInjuries caused by co-workers – even negligent co-workers – usually fall under this exclusive remedy umbrella.

However, if a worker is injured by a co-worker who was not acting in the course and scope of employment, then the injured worker may be able to pursue a claim directly against that co-worker.

This was the situation in Entila v. Cook, recently weighed by the Washington Supreme Court. Although the ruling doesn’t have a direct bearing on cases in Florida, it’s known that state high courts will often look to the rulings set by other state supreme courts in deciding similar cases.  Continue reading

A horrific, pre-dawn bus crash involving a tour bus full of sleeping passengers on their way back from Los Angeles resulted in 13 deaths and dozens of injuries. bus

Officials told The Washington Post that the bus collided with a tractor-trailer truck that was traveling on the interstate going approximately 5 mph. The bus, which was going much, much faster, slammed into the rear of the truck with such force that the entire front of the bus became enmeshed in the trailer of the truck – a full 15 feet into the back of the rig. Authorities report a total of 13 people were killed and another 31 were seriously injured and taken to area hospitals – all adults with injuries ranging from minor to critical. Of those 13 who lost their lives, 10 were women. One of the three men killed was the driver of the bus.

Now, The Los Angeles Times reports so far two of those families have filed wrongful death lawsuits against the bus company that was chartered to bring them safely home from an L.A. casino. Plaintiffs allege the bus company, USA Holiday, and the driver personally failed to:

  • Travel at a safe speed;
  • Brake to avoid a crash;
  • Properly maintain the bus.

Continue reading

When a drunk driver crashes into your vehicle in Florida, what recourse do you have to recover damages?beer

The answer depends on the underlying circumstances, but generally, you will want to explore:

  • The at-fault driver/ insurance;
  • The owner of the vehicle/ insurance;
  • The employer of the at-fault driver (if he or she was working);
  • The establishment that served the at-fault driver alcohol.

That last one – which falls under Florida’s dram shop law – will only work if the drunk driver was either under 21 or known to the establishment to be habitually addicted to alcohol. Per F.S. 768.125, those are the only circumstances under which an establishment may be held accountable for the injurious actions of a drunk driver.  Continue reading

A circuit judge has dismissed the Florida premises liability lawsuit against rapper Rick Ross and his mother for injuries suffered a Miami home the two co-own. irongate

Although news reports do not detail exactly why the judge dismissed the claim, we do know that Ross had described the allegations as “vague.” 

The alleged victim stated the incident occurred in December 2011 at a residence owned by Ross and his mother. Victim stated there was iron hardware that was left at ground level. Specifically, there was a rail on the ground connected to an iron rail at the rear of the property.  Continue reading

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