Author Archives: Jay Butchko
Limitation of Liability Clause
A woman bought a ticket to take a water taxi tour in Fort Lauderdale. She twisted her ankle during the ride and filed a lawsuit against Water Taxi Shuttle LLC and Water Taxi of Ft. Lauderdale LLC, claiming that they were responsible for her damages. The companies say that the woman’s ticket purchase was… Read More »
Settlement Agreements in Personal Injury Cases
Many personal injury cases never make it to trial. Instead, the parties might choose to enter into a settlement agreement. Deciding whether to settle is a major decision, so be sure that you are well-informed about the process before taking that step. Here are a few frequently asked questions about reaching a settlement agreement… Read More »
Suing for Negligent Infliction of Emotional Distress
Some accidents cause more than just bodily harm. That’s why, under certain circumstances, Florida law allows personal injury victims to seek compensation for emotional injuries. In fact, some victims might be able to sue under a legal theory called “negligent infliction of emotional distress.” Recovering Emotional Distress Damages The Florida Supreme Court has explained… Read More »
Failure to State a Claim
A foster child filed a personal injury lawsuit (rather, a lawsuit was filed on his behalf) against those responsible for his care after they allegedly failed to provide him with proper dental care. He claims he had a serious pain in his teeth that his caregivers ignored, and that he might suffer lifelong injuries… Read More »
Intervening in a Personal Injury Lawsuit
Some lawsuits are fairly black and white. Person A injures Person B, and Person B files a personal injury lawsuit. But what if Person A injured Person C in the same accident? Does Person C have to file her own lawsuit, or is there any way for her to join Person B’s lawsuit? The… Read More »
The Dangers of Left-Lane Driving
Driving too slowly in the left lane is often just as dangerous as driving too fast. That’s why Florida law generally requires slower drivers to keep to the right and designates the left lane for passing purposes only. There are many problems associated with left-lane driving. According to Expedia’s 2016 road rage report, hogging… Read More »
Where Do I File My Personal Injury Lawsuit?
Deciding where to file a personal injury lawsuit is not always straightforward. In 2015, one man received psychiatric and rehabilitation treatment at a healthcare facility in Naples, Florida. He claims that he was injured numerous times because of the facility’s negligence, including a knee injury caused by a door malfunctioning and a slip-and-fall incident… Read More »
Social Liability for Alcohol-Related Injuries and Deaths
In September 2017, Spencer Hight got drunk and then walked into his estranged wife’s house in Plano, Texas, where a group of people were watching football. He killed eight people before being taken down by police. The families of three of the victims recently filed a lawsuit against the bar that Hight patronized twice… Read More »
Bounce House Injuries On the Rise
Bounce houses seem innocent enough. And they’re safer than roller coasters and other high-adventure rides. Right? Unfortunately, bounce houses can be just as dangerous as more traditional rides. Take this example from Nashua, New Hampshire: In the fall of 2014, two toddlers were playing in a bounce house at a Halloween festival when a… Read More »
Comparative Negligence and Nominal Damages
In January 2014, two police officers responded to a noise complaint at a Fort Pierce home. A man pulled open the garage door when the officers knocked, but then started to close it when he saw the police. One of the officers opened fire when the man allegedly pulled a weapon on them. The… Read More »
