Imagine the following scenario: You walk into a store, a shopping mall, or some other business establishment. Suddenly, you slip on a substance and fall to the ground, suffering a serious back or hip injury. Unfortunately, this type of incident is quite common and can result in significant harm. This is a situation that involves the legal concept of premises liability. Premises liability law is based on the presumption that it is the duty of the owner of the premises to keep the area safe for visitors. If there is evidence to show that the owner failed to take reasonable steps to keep the premises safe, there may be grounds to pursue a civil claim.[Read more…]
Whether you get hurt in a car accident, a truck accident, a slip and fall, or any other incident, an analysis will need to be done to determine comparative fault. Why? Because Florida allows juries to apportion fault to multiple parties, including the injured party. This determination could alter the amount of money you receive from a personal injury verdict.
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.
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.
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.
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…]
NBC News, among many other media outlets, recently reported on a Florida case involving many similarities to the George Zimmerman case: a man in Florida was charged for killing a black teen, who was unarmed at the time of his death, and is arguing self-defense at his trial. While most people are familiar with the outcome of Zimmerman’s trial, many are not so sure that Michael Dunn, the man charged in this case, will follow the same path.
A federal judge in Orlando, Florida has declared that the state’s law requiring welfare applicants to undergo mandatory drug testing is unconstitutional, according to a recent article by the New York Times. It is expected that this ruling will serve as the groundwork for other similar cases popping up across the nation.
Is the Law Constitutional?
In her decision, Judge Mary S. Scriven stated that the mandatory drug screens violated the principle of constitutional protection against unreasonable government searches. Governor Rick Scott, a Republican, had a large part in the original legislation on the issue. The Judge reasoned that under no circumstances could it be constitutional to enforce the warrantless, suspicionless drug testing that the law makes mandatory. The Judge had previously imposed a temporary ban on the law, and made it permanent through the ruling. [Read more…]
Florida State Seminoles’ quarterback Jameis Winston made headlines last month, but this time it was not for his performance on the football field. Winston was involved in a criminal investigation since December 2012, in which he was accused of sexual battery. Fortunately for the QB star, late last month he learned that he would not face charges as the result of a report of sexual battery against him.
As CBS Sports reported, State Attorney Willie Meggs stated in a news conference that after an investigation of the case and allegations against him, it was decided that no charges will be filed against Winston in connection with the matter. The Tallahassee Police Department and Florida Department of Law Enforcement conducted the investigation and released documents related to it after the news conference. According to the accuser’s statement, she remembered sharing numerous beverages with friends at a local restaurant, and did not remember how she ended up riding in a cab with Winston and other men, including other Florida State football players. She reported being assaulted in a residence matching the description of Winston’s, but she did not identify him as her attacker until January 2013 when she saw him in class. Winston was informed of the allegations against him, but the Tallahassee Police department then suspended the case because the victim stopped cooperating. [Read more…]
The Miami Herald recently reported on a disturbing case involving law enforcement’s repeated run-ins with a particular man in Miami Gardens. Over the course of the last four years, Earl Sampson has been stopped and questioned by Miami Gardens police 258 times, searched 100 times, and arrested and taken to jail 56 times. Considering these substantially numerous run-ins with the law, it is surprising that he has never been convicted of any crime besides simple possession of marijuana. The offense he has repeatedly been arrested for? Trespassing at a convenience store. Sampson works at the store as a clerk.
Samson is apparently just one of many other store employees and customers who are stopped and searched by police. The majority of the suspects are low-income and African American. The Owner of the store grew so desperate at the interaction that he decided to install surveillance cameras. As a result, he has obtained more than two dozen videos since June of 2012 that depict some concerning conduct on the part of Miami Gardens police. [Read more…]