Articles Tagged with injury attorney

If you work in construction, landscaping or health care, you know there are many hazards that come with the job. Those who are injured at work in Florida may be eligible to receive workers’ compensation benefits, which are the exclusive remedy one has against his or her employer in such matters. However, there could be grounds for a third-party liability lawsuit if there was a person or entity other than the employer who was responsible for what happened. gavel

In the recent case of Newton v. Caterpillar Corp., plaintiff worked as an independent contractor (and therefore not eligible for workers’ compensation), assigned to help clear debris of the private lot of a residential area. He was hired by a hauling company to assist its agent in doing this job. Plaintiff and this agent used a Bobcat loader to assist in helping to clear the lot. The hauling company didn’t own the loader. It was leased from defendant Caterpillar. The loader was brought to the site in a box trailer to the property, where plaintiff and agent worked to clear the land.

At one point, while the two were trying to move a tree stump into the trailer, the agent was operating the loader and asked plaintiff to get inside the trailer to pack down the debris that was coming in. While plaintiff was inside the trailer, the agent released the tree stump. Plaintiff tried to warn the agent he was still inside, but he couldn’t be heard. He tried to climb over the wall of the trailer, but the stump dropped from the loader’s bucket and then rolled back onto plaintiff’s hand. As a result, his middle finger was severed.  Continue reading

Florida is a major tourism industry hub, drawing more than $80 billion a year. Hotels, motels, resorts and other property owners get a huge chunk of that. In return, they are expected to provide a reasonably safe space for guests. Courts have grappled with how to define this, though, and there is no clear, brightline rule. Typically, the courts will take into account the foreseeability of a certain accident or injury, based on whether it’s happened before or whether the circumstances make it likely. shower

In the recent case of Goodwin v. Al J. Schneider Co., the Kentucky Supreme Court was asked to weigh in on whether a hotel was liable for the slip-and-fall injury suffered by a guest in a shower that was not equipped with a bath mat, as showers in other suites were.

According to court records, it was not disputed that plaintiff and his wife were attending a convention in August 2011 and stayed at defendant hotel. The day after they arrived, plaintiff slipped and fell as he was exiting the shower. As a result, he suffered injury to his knee. The bathtub was equipped with a “grab bar,” but it did not have a bathmat. After the fall, staffers at the hotel provided him with a bathmat. Later, plaintiff learned from other attendees at the convention that their rooms were equipped with bath mats.  Continue reading

When a person alleges negligence on behalf of a professional person who was acting in the scope of employment at the time of the purported wrongful act, it may be necessary for the plaintiff to secure expert witness testimony.

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In these cases, a finding of negligence necessitates plaintiffs prove the defendant deviated from reasonable industry standards. Mostly, we see this in medical malpractice cases, though it could apply in other situations too.

In the recent case of Bixenmann v. Dickinson Land Surveyors, Inc., the Nebraska Supreme Court was asked to decide whether the lower court erred in granting summary judgment to defendant land surveyors, who were alleged to have been negligent in placing stakes on a property over which plaintiff later tripped. The lower court had ruled plaintiff hadn’t proven his case because defendant was acting as a professional – licensed and regulated by the state – and no expert witness testimony had been presented to assert he’d violated industry standards.  Continue reading

The man at the helm in the deadliest hot air balloon crash in U.S. history reportedly had at least four drunk driving convictions and had reportedly done two stints in prison, according to public records. hotairballoon6

Whether those facts had anything to do with the horrific crash remains under investigation.

Texas authorities and federal regulators with the National Transportation Safety Board (NTSB) report all 16 people aboard were killed, including the pilot, Alfred  Nichols. It appears the balloon struck a live power line, caught fire and burst into flames. Continue reading