Author Archives: Jay Butchko
Can Children Sue Their Parents for Negligence in Florida?
What happens in cases where a parent’s negligent behavior results in injury to his or her own child? Does the child have any legal recourse against the parent? The general rule in Florida is that children cannot sue their parents for negligence. The Florida Supreme Court adopted the doctrine of parental immunity in the… Read More »
The Difference Between Negligence and Negligence Per Se
Negligence is a central component of personal injury law. Typically, the injured plaintiff must prove that the defendant’s failure to use reasonable care caused those injuries. Proving negligence can be difficult. But in some cases, the law creates a legal shortcut, making it easier for injured plaintiffs to recover compensation. That “shortcut” is called… Read More »
Court Dismisses Wrongful Death Claim Against Riverside Hotel
In 2012, a drunk driver drove into a pool cabana wall at the Riverside Hotel in Fort Lauderdale. The structure collapsed, killing a pregnant woman, Alanna Demella, and injuring her husband Michael. The driver’s blood alcohol content was three times the legal limit. Michael filed a wrongful death lawsuit against the hotel, alleging that… Read More »
Claim Bill Approved for Parents of Student Killed in School Shooting Two Decades Ago
Fourteen-year-old Jean Pierre Kamel died 21 years ago when a classmate shot him at Conniston Middle School in West Palm Beach. His parents filed a lawsuit against the Palm Beach County School Board, alleging that the district’s negligence contributed to their son’s death. The jury awarded them a $1.6 million judgment, but the school… Read More »
Potential Lawsuits after Stoneman Douglas Shooting
It was an unspeakable tragedy — 17 students and teachers died when a gunman opened fire at Marjory Stoneman Douglas High School in Parkland on February 14, and 16 others were injured. Two injured students recently signaled their intention to sue the Broward County Sheriff’s Office, along with the Broward School Board, the FBI… Read More »
PIP Repeal Efforts Fail Again
The latest attempt to repeal the state’s no-fault car insurance system recently died in a Senate subcommittee. Florida is one of only two states that doesn’t require car owners to purchase bodily injury and property damage coverage. Lawmakers have tried unsuccessfully for years to replace the personal injury protection (PIP) system with a requirement… Read More »
Discovery in Personal Injury and Other Civil Lawsuits
The discovery process is important for both sides in a lawsuit. It is a pre-trial procedure that allows the parties to obtain evidence from each other. There are several methods parties may use to obtain discovery: Depositions. A deposition involves taking an oral statement from a witness before the trial (while the witness is… Read More »
Understanding Default Judgments
In 2015, a Jacksonville teenager died while in state custody at the Brevard Regional Juvenile Detention Center. The 14-year-old was sent there after being charged with burglary. An investigation found that the boy died from bacterial meningitis after eight days in the facility. He had complained of headaches and stomach pain but received no… Read More »
Does College Hazing Rise to the Level of Negligence?
Many college fraternities and sororities have a reputation for wild parties and strict hazing practices. Not only are some of these activities — like underage drinking — illegal, but they can also be dangerous. But can anyone be held liable if a pledge or member is injured by these activities? One fraternity pledge’s parents… Read More »
Negligent Real Estate Appraisals in Florida
A real estate appraisal provides the current market value of a particular property. In other words, it determines the property’s likely market sales price. Prospective homebuyers and homeowners rely on real estate appraisals to give a reliable estimate of what a particular home is worth. Banks, too, rely on this appraisal in approving or… Read More »
