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Articles Tagged with naples-injury-lawyer

A grandmother walking her young grandson home from church was killed nearly four years ago when she was struck by a hit-and-run driver. Now, her family has reached a settlement in their wrongful death lawsuit against the driver. They will receive $300,000 from his insurance company.crosswalk

According to, the 56-year-old New Yorker was fatally struck by a sport utility vehicle driven by a 44-year-old man who did not stop after impact. Driver was reportedly traveling at speeds “well in excess” of the posted 45 mph speed limit along that road. The grandmother reportedly pushed her 8-year-old grandson out of the way just a split second before the SUV, careening toward them, made impact. The boy suffered several fractures, but survived. His injuries have largely healed, but his family says the emotional trauma of watching his grandmother die in so violent a way right before his eyes will likely never leave him.

The crash occurred around 9:50 p.m., and the driver, who said he was “in shock,” surrendered to police about 2.5 hours after the crash. However, he did not submit to a blood-alcohol test at that time, and officers had no probable cause to seek a warrant for it at that point because he showed no obvious signs of impairment. Although the judge in his criminal case noted there was no evidence presented that alcohol or drugs were a factor in the crash, plaintiffs in the civil lawsuit alleged defendant had been drinking at a baseball game that afternoon, just a few hours before the incident. They also alleged he drank more at a bar shortly before the crash.  Continue reading

Over the course of five years, electronics retail giant Best Buy sold hundreds of recalled products to customers off store shelves and online – a violation of federal law, as well as a serious risk to unwitting customers. shopping cart

Now, the U.S. Consumer Product Safety Commission has announced the imposition of a $3.8 million penalty to settle those charges. The recalled products sold – approximately 600 in all between September 2010 and October 2015 – included cameras, computers and washing machines.

Officials say it appeared there was some type of break down in communication and procedure at the firm, which failed in its duty to implement policies and procedures that would allow staffers to quickly and accurately identify recalled products, quarantine them and then prevent sales. Although the settlement is not an admission of guilt, a representative from the company released an e-mail statement expressing regret that any of products it sold were under recall. He conceded that there were a number of recalled items sold, but insisted it was a “small number.” Still, he added, selling even one recalled product is one too many.  Continue reading

Employees injured on-the-job in Florida are entitled to collect workers’ compensation benefits from their company’s insurance policy. Power Plug

But in addition, they may also have ground to pursue third-party litigation against others who may bear some responsibility for their injuries.

Workers’ compensation benefits are not awarded based on fault, so long as the employee was injured in the course and scope of employment and the injury arose out of employment. Employees can almost never sue their employers for a work-related injury, as workers’ compensation is considered the exclusive remedy.

They can, however, take action against others. But keep in mind, whatever compensation is collected in these actions may be subject to a lien by the employer’s insurer. Usually, it’s still worthwhile to take legal action against third parties because what you are awarded is usually far in excess of what you receive in workers’ compensation. That’s because workers’ compensation only pays for medical bills, a fraction of lost wages and nothing for pain and suffering.  Continue reading

The National Retail Federation estimates Americans will spend an estimated $465 billion this holiday season. That’s an average of $765 per person. Holiday spending in 2014 shot up 12 percent from a year earlier and 6.5 percent more than it had been in a nine-year span. toyblocks

This is good news for the economy, but there is also a risk for consumers. There is an erroneous assumption that just because a product is sold on shelves or available online, that it must be safe and tested.

However, this isn’t true even when it isn’t peak spending season. In the shopping frenzy that occurs between Thanksgiving and New Year’s Eve, manufacturers rush to push production on a wide range of goods, from cars to children’s toys to diamonds. The intention of these items is to bring joy and satisfaction to those we love. But when those products aren’t properly designed, put together or checked for hazards, the result can be devastating.

Our laws hold property owners who invite others on site to a high standard in terms of protection of those guests. That involves making sure there are no unreasonable hazards and remedying those issues or warning guests when remedy isn’t immediately possible. grassypark

However, there are many caveats to these statutes, and recreational use statutes are among those. Florida’s recreational use statute is codified in F.S. 375.251. It states that there is a limitation on liability when the person has made available property or certain public areas for recreational purposes without charge. The statute indicates there is no presumption that the area is safe and there is no duty of care incurred by the land owner to those who use the site.

This is similar to the recreational use statute followed in Idaho, where the case of Hayes v. City of Plummer was recently weighed by the Idaho Supreme Court. The case stems from the serious injury suffered by a grandfather who fell on uneven ground that was concealed by grass while attending his grandson’s youth football game at a school park owned by the city.

Precedent in insurance law has long held that if an insured makes a material misrepresentation when applying for auto insurance – or any kind of insurance, really – the company may void the policy on these grounds. brokencar

This was the issue in Jones-Smith v. Safeway Insurance Company, where a plaintiff struck and seriously injured by a teen driver operating his mother’s vehicle claimed damages against mother’s auto insurance policy.

Problem was, when mother had applied for that insurance coverage, the application required her to promise she had listed all names of regular frequent users of the household vehicles – as well as any other residents in the home who were over the age of 14. She signed a paper indicating she had done so. But she had not. The name of her 15-year-old son was not on that application, and if it had been, her insurance coverage would have been much higher.

Consumers are increasingly being compelled to sign “waivers of liability” in order to engage in activities ranging from parasailing to riding in a limousine. These waivers often require the consumer/buyer to forfeit all of his or her rights to legal action should he or she sustain injury or be killed while engaged in the activity. treadmill

The legality of these waivers has been hotly contested in Florida, with courts wrestling with the issue for decades. These waivers are considered contracts, and the portion that extinguishes or limits liability is known as an exculpatory clause.

Courts have mostly upheld the viability of these contracts, assuming there is no gross negligence or willful, wanton or intentional misconduct.

We’ve all heard the “dumb criminal” stories about individuals who engaged in nefarious activity – driving drunk or breaking into a store – only to be caught after they bragged about it to friends online. iphone

It’s well understood that what we post on sites like Facebook or Twitter are public, no matter what our privacy settings. And that’s why a lot of us tend to filter what we say, projecting often our most positive selves and images of our lives. But what is less understood is that when someone becomes a plaintiff in a personal injury case, they may need to prepare themselves for the possibility that their social media profiles will become a go-to source for the defense.

Most people will say, “I have nothing to hide!” And that’s probably true. Yes, defendants are searching for evidence that you aren’t truly as injured as you say you are. Examples might include someone with a severe arm injury shown in a picture bowling with friends or a person with a reportedly severe neck injury riding a roller coaster.

A jury in California handed down a $5.7 million verdict in the first of what is expected to be thousands of trials against Johnson & Johnson’s Ethicon Inc. subsidiary for the TVT Abbrevo transvaginal mesh product. womaninnture

The case is significant because it sets the tone for how the rest of the cases are likely to go, and it could very well compel the company to enter into more settlement agreements, rather than take their chances at trial.

Jurors in Perry et al. v. Luu et al. deliberated for three days before finding defendant firm liable for defective product design and also failing to warn consumers about the risks.

In civil litigation, process of service is the foundation that gives appropriate notice of legal action to the defendant. It is required for the court to establish personal jurisdiction over the defendant, and also allows the other party to respond. document

It’s a key step in any lawsuit, and is often done without any issue or fanfare.

Sometimes, however, a defendant may not be easy to locate or serve. In these instances, it’s important your legal team make every effort to complete the task in a timely manner. There can be alternatives – such as service by publication – if defendant is actively avoiding process of service.

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