Articles Tagged with wrongful death

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 discredit a witness or to show a person at-fault or at least comparatively at-fault. However, the mere fact of impairment – even if it’s against the law – does not decide liability in a civil case. That’s why even civil cases involving drunk drivers aren’t a shoe-in. pedestrian accident attorney

In Florida, a finding of comparative fault (meaning plaintiff shares some of the blame for what happened) will not prohibit a plaintiff from pursuing the case or from collecting damages. However, per F.S. 768.81, Florida’s comparative fault law, it will proportionately reduce the amount of damages to which one is entitled. So for instance, if a plaintiff is deemed 30 percent at fault and defendant 70 percent at fault, plaintiff will only be able to collect damages on that 70 percent.

In a recent pedestrian accident case out of Pennsylvania, a major sticking point was whether evidence of a decedent pedestrian’s blood-alcohol level was rightly allowed into evidence by the trial court, or whether it was unfairly prejudicial an inadmissible absent any other independent corroborating evidence.  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 prevent a patron from becoming inebriated before getting behind the wheel and seriously injuring himself or others. injury lawyer

The circumstances under which drunk driving accident victims in Fort Lauderdale can assert a dram shop claim are when:

  • The driver was served alcohol, despite being under the legal age of 21.
  • The bar staff knew or should have known driver was a habitual alcoholic, and yet continued to serve him drinks anyway.

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Florida has the highest child drowning rate in the country, with the Florida Department of Health reporting enough children under 5 die this way every year to fill three preschool classrooms. Not only is it devastating, it’s infuriating because virtually every one of these instances is preventable. This is not to say anyone intends for this outcome, but there simple precautions go a long way.wrongful death attorney

Many of these incidents occur when there are many people around, such as family gatherings or holiday celebrations. Often it comes down to a miscommunication between adults who are supposed to be supervising the child. Property owners can be held accountable in some cases on the theory of premises liability or negligent supervision. However, it will come down to the individual facts of the case. If there is no defect in the pool, it often comes down to negligent supervision. If a homeowner assumes responsibility for supervision of young swimmers and then breaches that duty, he or she may be held liable. However, if another guest steps in an assumes that responsibility, the homeowner may no longer have a duty of care to supervise.

This was the case recently in a wrongful death lawsuit brought by the father of a young boy who drowned in a backyard pool at a family gathering. Continue reading

Proponents of tort reform are seizing on their opportunity with a GOP-controlled Congress to push forward with a series of measures that would make it harder to win medical malpractice and personal injury lawsuits, as well as to obtain just compensation. congress

As The New York Times reported, one of those measures would impose new limits on lawsuits involving care that is covered by Medicare, Medicaid or private health insurance subsidized by the Affordable Care Act, with some limits applying to product liability claims as well as medical malpractice litigation involving physicians, hospitals and nursing homes. In effect, it is lower income and older people who would find it the most difficult to win lawsuits for injuries caused by defective drugs, defective medical devices or negligent medical care. This bill is part of the plan to replace the Affordable Care Act.

Proponents of the measure say it is a necessary means to lower the number of “frivolous lawsuits” that drive up health care costs for everyone else. Of course, this assertion has been disproven time and again. Take for example the Florida Supreme Court’s decision in 2014 rejecting a 2003 medical malpractice law and lambasting the legislature for manufacturing an alleged medical malpractice crisis that didn’t exist to pass unnecessary tort reform. In a 5-2 ruling, the court suggested lawmakers created the crisis to cap damages on medical malpractice cases, which saves a modest amount of money for many at a “devastating” cost on a few – namely those who have suffered the most severe and egregious injuries due to medical negligence or defective medical products. The law was ultimately deemed unconstitutional under the state’s equal protection clause.  Continue reading