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Articles Tagged with boca-raton-injury-attorney

Trip-and-fall injuries can occur on a myriad of different walking surfaces, and are usually caused by an uneven walkway or some type of non-obvious obstruction or hole. These type of incidents can result in severe and sometimes disabling injuries, so it’s important to explore all potential legal options that could assist victims with medical bills and compensate for pain and suffering. pebbles

Still, as our Boca Raton injury lawyers can explain, the fact that an injury occurred is usually not in and of itself enough to secure compensation. There must be evidence that the negligence of the property owner or property manager caused the fall that resulted in injury. Property owners have a duty of care to those invited on their site, especially if it is for business purposes. Companies that invite customers on site for the benefit of the company have a responsibility to regularly inspect the site and to keep it reasonably safe of potential hazards. Where such hazards exist and cannot be immediately addressed, customers are owed a warning.

In the recent case of Piotrowski v. Menard, Inc., the assertion was that plaintiff tripped and fell on a couple of small rocks that she did not see in the store parking lot. She fell hard on the concrete and sustained serious injuries. She alleged the store owner was liable for her injuries. But she had a tough time proving that it was the negligence of the store that caused her fall. The U.S. Court of Appeals for the Seventh Circuit recently reviewed.  Continue reading

The number of people dying due to teen driver negligence is on the rise for the first time in a decade, reports the AAA automobile club and the Governors Highway Safety Association. In fact, this figure has shot up 10 percent in just a year. teen

This increase follows 10 years in which the number of people killed in teen driver crashes had been slashed by half. In the last five years, AAA reports, teen drivers were involved in some 14,000 fatal crashes. More than 1 in 3 involved speeding. The number killed in those crashes rose from 4,272 in 2014 to 4,689 in 2015. Rewind to 2005, and fatalities in teen car accidents was at 8,241.

It’s not exactly clear what’s behind this increase, though safety advocates blame an increasing number of crashes involving speed and driver distraction (mostly from texting or talking on cell phones).  Continue reading

In order to prove premises liability, plaintiffs must show that the property owner or manager knew or should have known that an unsafe condition existed and that there was a failure to warn or address the problem in a timely manner. fence

In the recent case of Wheeling Park Commission v. Dattoli, the West Virginia Supreme Court reversed a trial court damage award of nearly $56,000 (which plaintiff was hoping to have increased on appeal), finding plaintiffs did not establish a prima facie case of negligence because there was no evidence the park’s commission knew or should have known of the defect that reportedly caused plaintiff’s injury.

The incident in question occurred in September 2007 at a resort and conference center. Plaintiff was there with his wife attending activities at the park when he leaned against a split rail fence. As he did so, the end of the top rail broke into numerous pieces, causing plaintiff to fall down and injure his shoulder. Continue reading

A Florida law enacted several years ago requires that victims injured in slip-and-fall accidents on a business property have to prove the business was aware of the dangerous condition and failed to take action to remedy it or alternately warn patrons. The statute is F.S. 768.0755. homebroom

In most slip-and-fall accidents, it can be very difficult to prove “actual notice,” which involves showing the business knew of that exact spill for an amount of time during which they should have taken action. The alternative is to prove the business had “constructive notice,” which is that the business should have been aware of the danger because it existed for an extended period of time or occurred with regularity and was therefore foreseeable. The latter is known as “mode of operation.” That is, the condition occurred regularly because of the company’s “mode of operation,” and thus it was reasonable the staff, exercising due diligence, would discover it.

A similar standard exists in New Jersey, where the New Jersey Supreme Court recently affirmed a judgment in favor of plaintiff in Prioleau v. KFC, Inc. In this slip-and-fall case, the mode of operation theory was asserted as proof of the restaurant’s constructive knowledge of the dangerous condition, which was a transitory foreign substance on the floor.

In almost all motor vehicle accident cases, the courts in Florida recognize that drivers owe a duty to all other road users to exercise reasonable care in the operation of that vehicle. However, there are some narrow instances in which the rules are flexed. One of those is the “sudden emergency doctrine.” bicyclenight

The courts have recognized that a driver who is confronted with an emergency isn’t held to the same standard of conduct that would normally be applied to someone who is not in that same situation. This lesser standard of care may be applied when the driver, through no fault of his own, is suddenly and unexpectedly confronted with imminent danger to himself or others. But not every unexpected occurrence is to be considered a “sudden emergency.” For example, motor vehicle drivers have to be prepared for the appearance of obstacles, persons or other vehicles on highways and at intersections. The fact that a driver is surprised by one of these conditions isn’t necessarily a “sudden emergency.”

This was the argument of plaintiff in Tidd v. Kroshus, recently before the North Dakota Supreme Court.

During the discovery phase of civil trial proceedings, there is extensive effort on both sides to uncover all facts, records and other evidence relevant to the case. It involves deposing eyewitnesses, seeking expert witness testimony, conducting reconstruction of the incident and becoming as knowledgeable as possible on the facts of the case as they apply to the law. containers

In some situations, there is evidence to which only one side has access. It may be relevant to the case, and it may be impossible for the other side to obtain it otherwise. These could be things like medical records, voicemail recordings or video evidence. Properly determining what to hand over and what to fight to withhold takes legal experience and skill.

Where the evidence is deemed work-product privilege, the requesting party will have an even higher proof burden.

Just like any other person or business, a government entity can be held liable when its action or inaction results in serious injury. However, unlike other personal injury lawsuits, there are strict protocols and deadlines when you bring a claim against the government. pothole

If you fail to meet even one of these requirements, it could sink your claim.

That’s what plaintiff in Board of Regents of the University System of Georgia v. Myers found recently, when the Georgia Supreme Court ruled her failure to strictly comply with notice requirements in the state tort law section pertaining to government defendants was grounds to end the case.

A number of South Florida pedestrian accidents have resulted in serious injury and several fatalities in recent weeks.

Many cases involved pedestrians-versus-cars, a situation that makes those on foot extremely vulnerable even if the vehicle is moving at a relatively slow speed. headedhome

Among the cases recently reported by local news affiliates:

The Daily Business Review recently reported on a confidential settlement agreement a woman reached with her employer for $2.4 million for injuries she sustained while receiving medical treatment for a crash with an underinsured driver while she was operating a company vehicle. caraccident

Our Boca Raton car accident lawyers see this case a good example of how complicated personal injury litigation can be. Many cases need not necessarily proceed to the trial phase in order to reach a fair conclusion, but having an experienced attorney will help ensure your interests are protected.

Here, the names of the litigants were not available, given the confidential nature of the case. However, as reported by the DBR, here are the facts:

If you have been injured, whether in a car accident or as a result of a work injury or from a dog bite, you can expect if you sue that the defense will likely request a compulsory medical exam.braino1

Sometimes referred to as an “independent” medical exam, the real purpose of these examinations is typically to aid the defense in refuting the plaintiff’s assertion of injuries with regard to causation, type and extent. Essentially, the doctor is looking to minimize the liability of the defense.

Our Boca Raton personal injury lawyers recognize this process can be somewhat overwhelming for the injured party. The good news is that Florida Rules of Civil Procedure limit the reasons why such an exam may be granted. The scope, too, is restricted.

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