In the State of Florida, property owners and / or management companies have a duty to provide for the reasonable maintenance of the property and reasonable safety of visitors, patrons, and guests. As as Florida Personal Injury Attorney, I am often asked the following question: Is a store or property owne liable for for every injury that takes place on premises? The simple answer to this question is No. Like other legal matters, the liability of a property owner for personal injuries that take place on premises will depend on the facts and circumstances of the incident. Slip and … Continue reading
Florida has No Fault laws in place for automobile accidents. This term is somewhat misleading. No Fault refers to some of the insurance coverages and entitlements to compensation. “No Fault” does not mean that the negligent driver is immune from liability or financial responsibility. Here are the key components of the Florida No-Fault laws: 1. PIP – Personal Injury Protection. PIP pays for reasonable and necessary medical bills related to an automobile accident. Under Florida law, every owner of a motor vehicle must carry PIP and Property Damage coverage. When a person is injured in an automobile accident, medical … Continue reading
Is the At-Fault Driver Responsible for All of my Medical Bills Related to a Florida Automobile Accident?
In Florida, there are automobile accidents in virtually every community on a daily basis. Many of these accidents result in serious personal injuries to innocent victims. When a person is injured as a result of a Florida automobile accident, I am often asked as a Florida automobile accident attorney whether the at fault driver is responsible for ALL of the medical bills. The simple answer to this question is “No”. Many find the answer to this question to be confusing. Then there is a second question asked as follows: Why should I, as an innocent victim of a Florida automobile … Continue reading
What Are the Legal Rights of Family Members in the Florida Wrongful Death Case of a Passenger in an Automobile Accident?
In Florida, automobile accidents and trucking accidents are reported and seen on a daily basis in virtually every community. Tragically, some of these automobile accidents / trucking accidents result in the death of a driver and / or passenger. When a passenger dies as a result of an automobile accident or trucking accident in Florida, a wrongful death case can be pursued if it can be established that the passenger died as a result of the negligence of one or more driver involved in the traffic accident. As a passenger, there is rarely any fault to apportion to the … Continue reading
Is a seatbelt required under Florida law? Florida law requires a driver in front seat and passengers to wear an operational seatbelt that is available for use in a motor vehicle. The failure to wear an operational seat may serve as a defense to a claim for injuries pursued by the accident victim. The operative word is “may” because the fact you a seatbelt was not being worn does not always amount to a valid defense or argument to reduce the damages of an injury victim. In a the seatbelt defense case, the testimony of an expert witness would be … Continue reading
In Florida, hit and run automobile accidents happen far too frequently. When there is a “hit and run” accident, the injuries are often times quite serious. The reasons for leaving the scene of an accident can vary from “I was drunk” to “I did not know that I hit anything.” Typically, a driver will flee the scene to attempt to avoid responsibility or liability for the automobile accident. It is not only against the law to leave the scene of an automobile accident involving injuries – it is also quite dangerous for the injury victim. Any delay in getting … Continue reading
In Florida, the weather and terrain allow for virtually year round bicycling. Because of this, bicyclists are on or near the roadways on daily basis. Drivers should watch out for bicyclists and do their best to share the road with bicyclists and when necessary yield to a bicyclist. Common sense dictates that a bicycle is not match for a motor vehicle in any instance. Because of this, drivers should slow down any time that they are near or approaching a bicyclist. Unfortunately, bicyclists are injured far too often due to careless or negligent driving in the State of … Continue reading
When a family member dies as a result of the negligence of another person or a company, business, or government, there may be grounds to pursue a wrongful death case. What damages are awardable in a wrongful death case? The answer to this question depends on a number of factors including the following: The Location of the Incident. Each State has its own wrongful death laws in place. In most instances, a wrongful death case must be pursued in the State where the incident took place and pursuant to the laws of the State where the incident took … Continue reading
What are the dangers and risks of bounce houses? At many birthday parties, summer camps, day care centers, schools, theme parks, carnivals, and special events, there are bounce houses in place for children to play. There are many risks and dangers to children in or around bounce houses. Some parents are very cautious and do not allow their children to play in bounce houses at all. Other parents take a more moderate approach and allow their children to play in and around bounce houses assuming that there is supervision and control of the bounce house area during play. Other parents … Continue reading
Do I need to report an automobile accident to my insurance company? When a person suffers a personal injury as a result of an automobile accident, there is often a question as to whether the accident needs to be reported to me injury victim’s automobile insurance company. The simple answer to this question is “Yes”. When a person owns or drives an automobile and takes out of an insurance policy, a contract is formed between the automobile insurance company and the insured driver or owner. Under the terms of Florida automobile insurance policies, there is a duty of cooperation. This … Continue reading