Author Archives: Jay Butchko
National Flood Insurance Program Set to Expire Unless Congress Acts
Florida sees a lot of hurricane and tropical storm activity, including a recent storm that surprised meteorologists by forming just off the coast and then making landfall in Southeast Florida hours later. That was Tropical Storm Emily. The heavy rain that accompanies such storms puts Florida homes and businesses at risk of flood damage,… Read More »
Florida Supreme Court to Review Asbestos Case
The Florida Supreme Court recently agreed to review an appeal seeking to reinstate an $8 million verdict against a tobacco company and an industrial manufacturer in an asbestos case. The lawsuit was filed by a man who allegedly developed mesothelioma, a cancer of the outer lining of the lung and chest as well as… Read More »
Claim Bills and Personal Injury Verdicts Against Government Officials
The 2018 legislative session doesn’t begin until January, but Florida senators have already filed 18 claim bills, including one attempting to collect $17.8 million from the city of Tampa. That is the largest jury verdict ever awarded against the city. According to a legislative manual, a claim bill is legislation “that compensates a particular… Read More »
Who Is Liable for a Student-Athlete’s Injuries?
The beginning of the school year also marks the beginning of high school football, cross country and other sporting events. While these activities can be fun and beneficial for students, what happens if your child suffers in the waning summer heat or takes an especially hard hit to the head? Students are especially vulnerable… Read More »
Is a Commonly Used Pesticide Safe for Human Use?
Multiple class action lawsuits have been filed against the manufacturer of a weed killer that people claim has made them sick. A Cape Coral man recently joined a lawsuit alleging that he used Monsanto’s Roundup weed killer regularly for 30 years and that exposure to the product’s main ingredient, glyphosate, led to his non-hodgkin’s… Read More »
Appealing an Adverse Judgment
Not everyone wins in litigation. In a typical lawsuit, one side wins its case and the other side loses. It’s important to keep this in mind when filing a personal injury lawsuit: what happens if the other party prevails? Having a viable claim doesn’t always ensure success. Sometimes the other party has a valid… Read More »
Car Crashes Leading Cause of Death Among U.S. Teens
Motor vehicle crashes are the leading cause of death among teenagers in the United States. In 2015, 2,333 teens between the ages of 16 and 19 died in car accidents and more than 220,000 others were injured. According to the federal Centers for Disease Control and Prevention (CDC) that means six teens died every… Read More »
Preventing Drowsy Driving
In April 2016, a Miami dump truck driver fell asleep behind the wheel. He was traveling over 60 miles per hour when he crashed into a stopped taxicab, killing one person and instigating an 11-car crash near Marlins Park. The driver did not face criminal charges, but he was fired from his job. In… Read More »
Pursuing a Class Action Lawsuit in Florida
Most people who think of personal injury lawsuits think of a single plaintiff suing a single defendant. For example, if you were injured in a car accident you would probably sue the driver of the other car. But personal injury lawsuits can be more complex than a single plaintiff and a single defendant. There… Read More »
Understanding the Dangerous Instrumentality Doctrine
Under Florida’s dangerous instrumentality doctrine, the owner of an inherently dangerous tool or instrument is liable if that tool or instrument is not used responsibly. For example, Florida law considers automobiles dangerous instrumentalities. If a car owner lends her vehicle to a friend, and the friend drives negligently and causes an accident, the owner… Read More »
