These are possible theories for products liabilities: (1) strict products liability, (2) negligence, (3) implied warranties, and (4) express warranties. To prevail on a strict products liability action, a plaintiff must prove the following elements: (1) strict duty owed by a commercial supplier, (2) breach of that duty, (3) actual and proximate cause, (4) damages, … Read More
Personal Injury
Elements in a Negligence Case
In a personal injury action, the plaintiff usually bases the case on negligence when the injuries are caused by accident. Negligence requires a breach of duty that is the actual and proximate cause of damages with no defenses. A duty is owed only to a plaintiff in the foreseeable zone of danger. For example, Gayle, … Read More
Dangerous Drugs
James Marshall’s acting career ended when he started taking Accutane, according to Bloomberg.com. As a result of taking the Accutane acne drug, Marshall required emergency surgery to remove his colon and bowel ailments, leaving him unable to work. Marshall, age 44, played U.S. Marine Louden Downey in the 1992 movie “A Few Good Men.” He … Read More
Value of Florida Personal Injury Case
Personal injuries result from a serious car accident, employment mishap, slip and fall, defective product, or other careless or reckless conduct. Personal injuries force the injured person, spouse, or dependents, to go through not only bodily pain, but emotional and financial hardship. When injured, at the fault of another, deserved compensation, includes: • medical care, … Read More
Slip and Fall in Florida
Every day, people’s unsafe premises cause other people to slip and fall, resulting in traumatic bodily and emotional losses, including injuries to the hip, brain, spinal cord, and death. Premises liability laws make property owners, including homeowners and business owners, keep property in a reasonably safe condition. Property owners must warn visitors, even trespassers, of … Read More
Bicycle Safety
Though bike wrecks might result in a person getting personal injury damages, not getting injured in the first place is better, and can be done by taking safety into account when bicycling on the road with cars. Safety requires having the right gear, understanding Florida traffic laws, and keeping a bike well maintained. On gear, … Read More
Motorcycle Accidents
Motorcycle accidents fall under the category of personal injuries. To establish a prima facie case for personal injury, a plaintiff must show: (1) the existence of a legal duty owed by the defendant, (2) breach of that duty, (3) actual and proximate cause, (4) damages, and (5) no defenses. Because motorcycles are smaller than cars … Read More
Texting While Driving
All over the US, including in Florida, people are facing criminal charges for killing others in a car crash when they text while driving. Even when a person does not intend for an accident, a person could be hit with not only a personal injury action, but conviction for misdemeanor or involuntary manslaughter depending on … Read More
Bounce Houses May Result in Serious Injuries
According to The Associated Press, bounce houses in Florida look like fun, but accidents involving the inflatables have resulted in serious injuries and death all over the US: In June 2011, a windy afternoon in Long Island, NY sent bounce houses off the ground, seriously injuring a woman, age 36, of Oceanside, NY. The woman … Read More
10 Tips to Social Media Use during a Florida Personal Injury Case
When you have been injured because of someone else’s negligence, you may be entitled to receive compensation through a Florida personal injury claim. Throughout this process, you’ll have to pay special attention to all of your behavior, so that you don’t give the other party’s insurance adjusters or attorneys a reason to lower your potential … Read More