Over the past several months, airbag manufacturer Takata Corp. has been recalling millions of malfunctioning airbags that have been installed in almost a dozen models of U.S. vehicles. Specifically, the air bag malfunction issue involves defective inflators and propellant devices, which are parts of the airbag that cause the airbag to inflate. Several air bag injuries and deaths have occurred in Florida, and consumers who require legal help to pursue injury claims should contact experienced civil and trial attorneys in the area. Under product liability rules, many different parties involved in the design, manufacture, marketing, and sale of dangerous products may be held liable for the harms resulting from these defects.
Establishing a Medical Malpractice Case
Medical patients naturally rely on trained physicians and nurses for answers and explanations related to their health. It is entirely reasonable to assume that medical professionals will use their expertise to take reasonable steps for treatment no matter what the medical condition. This condition can range from the flu to life-threatening cancers and anything in between. As far too many patients have learned, however, preventable mistakes are sometimes made by professionals, and these mistakes can cause serious harm to patients. In certain cases, these mistakes constitute legal liability.
The legal aspects of medical malpractice cases are familiar to many local residents. High-profile or unique cases frequently make the news,from bizarre stories about medical instruments left in the body to instances where the wrong body part is operated upon. These types of obvious errors occur more often than most would assume. However, the majority of medical malpractice matters are more nuanced, sometimes with patients never even becoming aware that their medical professionals made mistakes which caused them harm.
Important Considerations When Hiring a Personal Injury Attorney
Someone injured due to another’s actions often go through a difficult ordeal. Such incidents can include anything from serious and significant injury to property damage. Individuals in these stressful situations frequently feel overwhelmed, upset, and even confused. Of course, their primary focus is on their immediate health and well-being. Once these pressing matters are sufficiently addressed, it is important to consult with a knowledgeable personal injury attorney about the specifics of your case in order to determine your legal rights, and decide on what steps to take next.
Staying Safe During Summer Vacation
Summertime equals vacations for countless families across the United States, and the state of Florida is certainly no exception. Some Florida residents may be planning trips to visit friends and family, heading to a beach, or even traveling out of state. Vacationers from other states may be making Florida their destination. One thing is for sure: summer months are seeing a significant increase in traffic on the roadways. The risk of being injured in an accident is present any time one travels, but that risk increases with more vehicles on the road. Read on for important steps drivers can take to ensure their careful attention to the road while driving leads to safer travels for everyone.
Teen Driving Accidents and the Summer
Summer is a dangerous time for anyone to be on the roadway. Increased traffic from summer travelers, summer parties and celebrations perhaps involving alcohol, and other factors all contribute to this fact. With these increased risks and additional distractions, it is not surprising that the summer months are the most dangerous for less experienced teen drivers, as well. Teen driver safety should be of the utmost concern for parents. A recent article discussed the dangers posed to teens driving on roadways across Florida in the summer.
Florida Supreme Court: Civil Rights Act Protects Pregnant Women
Between the state of the current economy and the ever-shifting gender roles within family, it seems that more families than ever are doing what they have to do to meet their financial and other requirements. Unfortunately for some women, their careers and, correspondingly, their finances may suffer unnecessarily when they decide to expand their family and become pregnant. Now, according to a recent article, the Supreme Court of Florida is saying that women who are discriminated against for pregnancy will be protected under state law.
The Case
The Court’s decision comes in light of a case in which a woman was working for a real estate developing company when she became pregnant and later went on maternity leave. Upon her return to work, she was denied requests for extra shifts and was not scheduled to work. As a result, she sued the company in 2011 in Miami-Dade County Court.
Comparative Negligence: Why Florida Personal Injury Law is Different
If you or someone you know has been injured as the result of an accident in Florida, you may have important legal rights that can serve to compensate you for damages, particularly if another person’s negligence caused the injury. Any number of incidents can give rise to this type of claim at law: car accidents are common sources of personal injury cases, but other situations such as a motorcycle accident, a slip and fall accident, worker injuries and medical malpractice can also support personal injury cases.
Effects of the New PIP Law in Florida
Last year, changes to the personal injury protection (PIP) coverage contained within auto insurance policies went into effect in the state of Florida. The purpose of the changes is to curb fraudulent insurance claims, which cost the state almost $1 billion per year in increased premium rates. The revised legislation limits PIP policy claims that were not brought within 14 days of the accident. Now that one year has passed with the new law in effect, it is expected that auto insurance premiums in Florida should drop about 13 percent as a result of the decrease in fraudulent claims, as reported by the Digital Journal.Read More
Intent Not Needed to Prove False Statement on Insurance Application
In a recent Court decision from 2013, the First District Court of Appeals held that an insurance carrier did not have to prove that an insured’s false statement was intentional to be allowed to cancel the policy. The case involved the insured filing a claim with his insurance agency after a fire. The insurance company found out during the course of their investigation that one of the individuals named in the insurance policy lied on their insurance application when asked about prior convictions for a felony in the past 10 years. The person, in fact, had five felony convictions on their record in the last 10 years.
Appellate Court Decision
During her testimony at trial, the insured claimed that the false response to the inquiry on the insurance application was not intentional. While the insured won at the trial court level, the insurance company appealed and won a judgment in their favor from the First District Court of Appeals. The insurance company pointed to a relevant part of the insured’s policy that allowed for the policy to be void if an insured makes false statements. In this case, the insured argues that the insurance company had to show that the false statements were made intentionally with the purpose of deceiving the company in order for the claim to be successful and the policy voided. The District Court did not agree.Read More
What Rises to the Level of Domestic Violence?
Far too many families in Florida and throughout the country are affected by domestic violence. Recognizing the damage done by these crimes, the justice system includes a variety of tools to both protect those harmed and punish residents who commit domestic violence. But not all disagreements between family members actually rise to the level of domestic violence as envisioned by the law. It is critical for residents who have questions about this issue to understand the basics of the applicable rules.
Florida Law
The Florida legislature defines “domestic violence” to be “any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.” When a Florida resident believes they were a victim of domestic violence, an injunction for protection can be sought. In these cases a court orders an abuser to stay away from the harmed family member. Importantly, the victim can be anyone in the household, as the provision is not limited solely to disputes between spouses.Read More