Author Archives: Jay Butchko
Defenses to Premises Liability
When you shop at a grocery store or attend a house party, you don’t expect to be injured while on the premises. But accidents happen. That’s why Florida law holds property owners liable when visitors are injured at their house, business or other property (under premises liability law). Property owners have a duty to… Read More »
Frequently Asked Questions About Negligent Security Claims
Three people died and 11 were wounded when a shooter opened fire at a Madden video game tournament in August. One of the victims recently filed a negligent security lawsuit against the facility that hosted the event as well as EA, the makers of Madden. Negligent security lawsuits are common when a facility fails… Read More »
Filing a Medical Malpractice Lawsuit in Florida
Under Florida law, you’re allowed to sue doctors, hospitals and other medical professionals who injure you. But you have to prove that you’re entitled to compensation, and you only have a limited amount of time to file a lawsuit. Here are a few things you need to know about filing a medical malpractice claim… Read More »
Personal Injuries Caused by Hazing
A 20-year-old Florida State University student ended up in the hospital because of a fraternity hazing ritual called “Scumbag of the Week.” The tradition began years ago at Alpha Epsilon Pi’s Phi Tau Florida State chapter. A personal injury lawsuit filed against the fraternity alleges that the frat brother who received the most votes… Read More »
Understanding the Slavin Doctrine
Construction defects are a major problem. People can be seriously hurt if a contractor makes a mistake while building a house or performing maintenance work. Contractors, like other professionals, have a duty not to act negligently. Contractors who fail to use a reasonable amount of care might be liable if their negligence causes injuries…. Read More »
Bicycle Accidents and Florida Negligence Law
Florida ranks first among bicyclist fatalities in the United States, according to statistics published by the National Highway Traffic Safety Administration. Common causes of bicycle accidents include: Distracted drivers who aren’t paying attention and don’t notice the cyclist until it’s too late, Drivers who run stop signs or otherwise don’t obey posted traffic signs,… Read More »
Understanding Intentional Torts
In June 2017, a black South Florida man tried to withdraw money from a Wells Fargo branch in West Palm Beach. He handed his driver’s license and Visa card to the teller but was told to wait. One of the bank tellers called the Palm Beach County Sheriff’s Office, and then the police showed… Read More »
Understanding the Sudden Emergency Doctrine
Not every accident or personal injury is caused by negligence. But it might be negligence if the person who caused the accident acted carelessly. For example, the victim can probably prove negligence when a driver rolls through a stop sign and rear-ends another vehicle. However, there are certain defenses that negligent actors can use… Read More »
Overview of Florida’s Court System
It’s important for personal injury and wrongful death litigants to understand how the Florida court system works. The more knowledge you have, the easier it will be to navigate the litigation process. For example, you need to know the difference between Florida’s courts. There are three distinct judicial layers: trial courts, appellate courts, and… Read More »
Using Cell Phone Data to Prove Distracted Driving
Tennis star Venus Williams was involved in a car accident last year that fatally injured the other driver’s husband. That woman’s family filed a wrongful death lawsuit against Williams, claiming that her negligence caused the accident. Specifically, they claim she was distracted by her cell phone when the crash happened. A judge recently ruled… Read More »
