Articles Tagged with personal injury

As with any other personal injury lawsuit here in Florida, when you are injured in your own home or on your own property, you must be able to demonstrate negligence on the part of a third party to receive compensation. For instance, if you slip and fall in your own kitchen because of your wet tile floor that has been properly installed, you cannot file a claim against your homeowner’s insurance or the installer of the floor for compensation because you are the negligent party. However, that does not mean that all injuries on your property are your fault. 

Product Injuries

Product injuries happen every day in the United States, and sometimes those injuries are serious. Power tools, lawnmowers, baby cribs, electronic devices, large appliances, and kitchen equipment are common items that cause injuries. Other injuries may be caused by defective chemical products, such as cleaning agents or hygiene items. 

Florida has specific laws that hold dog owners accountable for dog attacks. If you’ve been bitten by a dog in Florida, the statute of limitations (the legal deadline) for filing a lawsuit is four years from the date of the incident. In rare circumstances, that may be extended, so it’s important to check with an experienced personal injury attorney to see if you qualify for that extension.

 Florida Statutes Pertaining to Dog Bites

In a nutshell, Florida law holds dog owners liable for injuries caused by their dog biting someone in a public place or if the person is lawfully in a private place, such as the dog owner’s property. It doesn’t matter if the dog never bit anyone before or if the owner never suspected the dog was dangerous. If “Bad Dog” signs were posted, or if the person bitten was trespassing or in some way provoked the attack, the victim’s ability to receive compensation may be reduced, but he or she may still get some compensation. 

If you’ve experienced a personal injury in Florida and have not received sufficient compensation for your injuries and losses, it’s critical to collect as much evidence as possible to support your position. The stronger the evidence, the stronger your case and the greater your chances of just and fair restitution for the harm you’ve experienced. 

Try to collect as much evidence as you can, but don’t wait until you think you’ve collected enough before you talk to an attorney. I know from my years of experience as a personal injury lawyer in Florida the kinds of evidence I will need in order to build a powerful case for you.

Strong Evidence for Your Case

In Florida, if you have been seriously injured in a slip and fall on someone else’s property, you may be able to receive compensation. The success of the case depends on demonstrating the property owner’s negligence (or in some cases, the renter’s negligence). This is known as “premises liability.”

Premises liability refers to the legal responsibility of owners to maintain an environment that is safe and free from defects that could be hazardous. There are several kinds of premises liability — homeowner liability, renter and landlord liability, and business owner liability.

Types of Hazards

Injuries at fraternity parties are not uncommon. Not only is a lot of alcohol often consumed, even by minors, but a lot of “partying” of other sorts – dancing, rough-housing, using drugs – may also take place, which can lead to injuries to those involved with the behavior as well as to innocent partygoers who are behaving themselves and acting with decorum. Other issues at fraternity parties may involve the quality or condition of the building itself. 

A variety of types of incidents can happen at a fraternity party: falling from a balcony; slip and falls from wet floors; health issues after alcohol poisoning; fights; even falling through shoddy construction. In just one example, a floor collapsed at a Clemson University fraternity party on the floor below because of the weight and force of many people dancing. 

As with all personal injury cases, it is necessary to prove that the defendant had a duty of care and that the defendant breached that duty. The defendants, depending on the situation, could be the hosts, the university, the owners of the property, or other individuals involved. 

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