Author Archives: Jay Butchko
Suing for Property Damage
Negligent actions don’t always involve physical injuries. Sometimes the damage is solely to real or personal property. Property damage does not have to be accompanied by physical injury in order for you to bring a lawsuit for negligence. Lawsuit Filed After Valet Gives Keys to Wrong Person In July 2017, a man entrusted his… Read More »
Can Injured Persons Hold Negligent Children and Their Parents Accountable?
Imagine that you’re badly injured in a car accident and insurance doesn’t cover all of your damages. An attorney might advise you to file a personal injury lawsuit against the other driver. But what if the other driver is a teenager? Most minors are considered judgment proof, which means they don’t have any income… Read More »
Florida’s Good Samaritan Act
Florida law does not generally require citizens to aid or assist injured persons. However, an individual who begins to provide aid has a duty to exercise due care under the Good Samaritan Act. This means they must provide the type of medical treatment that a reasonable person would provide under similar circumstances. If an… Read More »
Understanding the Reasonable Person Standard
Not every accident is the result of negligence. The difference between a pure accident and an accident caused by negligence is the standard of care that the law requires in that situation. If a person neglects the requisite standard of care then he or she might be liable for any resulting injuries. For example,… Read More »
Understanding the Exculpatory Clause
An exculpatory clause is a contract provision that relieves one party from liability if executing the contract results in damages. The goal is to prevent personal injury or wrongful death lawsuits. For example, a dry cleaning receipt might include an exculpatory clause freeing the company from liability if the clothing item changes color or… Read More »
Suing a Florida Hotel for Negligence
Florida hotel owners are responsible for protecting guests against known and reasonably ascertainable dangers. Under Florida premises liability law, hotel guests are considered “invitees,” and owners can be held liable for injuries that they suffer on their property. Note that the law classifies victims in one of three ways: invitee, licensee or trespasser. The… Read More »
Understanding Intentional Misconduct and Gross Negligence
Accidents happen, but that doesn’t mean victims aren’t entitled to compensation for their injuries — especially when the accident happened because someone else acted negligently. Sometimes, though, a person’s conduct is so egregious that justice requires more than compensating the victim. In those cases, courts may award punitive damages intended to punish wrongdoers for… Read More »
Business Owner Liability for Slip-and-Fall Accidents
An Orlando man says that a local Dollar Tree store failed to maintain its premises in a reasonably safe condition, causing him to slip and fall on a liquid substance. He recently filed a lawsuit alleging that the retail store’s negligence caused him bodily injury, pain and suffering, and loss of earning capacity, among… Read More »
Uncovering Food Poisoning Incidents in Florida
A customer is alleging that the negligence of a Cooper City restaurant, La Brochette Bistro, made her sick. Alexandra Baker recently filed a personal injury lawsuit against the restaurant in Broward Circuit Court. Specifically, she argues that the restaurant didn’t follow appropriate safety guidelines in preparing her meal and aggravated a previously existing disease,… Read More »
Proving a Negligent Security Claim in Florida
In April 2016, a 30-year-old woman was beaten to death at Hialeah’s Chesapeake Motel on Okeechobee Road. The victim was locked out of her room in a bra and jeans and, according to a lawsuit filed by her parents, motel staff did nothing to help their daughter. They also alleged that the staff allowed… Read More »
