Author Archives: Jay Butchko
Florida Courts Remain Split On How To Bring Punitive Damages Claim
In a personal injury lawsuit, you have the right to seek both economic and non-economic damages to cover your personal losses arising from an accident. In some situations, you may also have the option of seeking punitive damages from a defendant. Punitive damages is meant to punish egregious wrongdoing–as opposed to mere negligence–and effectively… Read More »
Is A Delivery Service Responsible For The Death Of A Person Killed By One Of Its Drivers?
App-based delivery services have become a big business in Florida. Every day thousands of people request food deliveries via their smartphones from companies like Uber Eats and DoorDash. What customers may fail to appreciate, however, is that there is a driver on the other end of that order who may be distracted by their… Read More »
The Challenges Of Proving “Constructive Notice” In A Personal Injury Lawsuit
Slip-and-fall accidents usually occur because of a spill or substance on the floor of a business establishment. Under Florida law, the business owner may be legally liable for such an accident if they had “actual or constructive knowledge” of the spill or substance and failed to take proper corrective action. Constructive notice in this… Read More »
How Does Occupation Accident Insurance Work?
You probably know that just about every Florida employer needs to carry some form of workers’ compensation insurance to cover employees in the event of a work-related accident. Some employers also take out what is known as occupational accident insurance (OAI). OAI is often used to cover workers who are not protected by traditional… Read More »
Father Sues Florida Private School After Son Dies In Drowning Accident On Graduation Day
Parents trust their children’s schools to keep them safe from foreseeable harms. So when that trust proves to be misplaced and the child suffers serious injuries–or is even killed–as the result of the negligence of school officials, parents will understandably demand justice. And that often means taking legal action against the school. A recent… Read More »
What Do You Do When Your Insurance Company Claims You Do Not Have Coverage?
Auto insurance companies are sticklers for the rules. And if they can use specific language in a policy to avoid covering your accident, they will. But just because the insurer claims its interpretation of the policy is correct, that does not make it so. Indeed, a judge may see things quite differently. Florida Appeals… Read More »
What Is A “Himalaya” Clause And How Could It Affect My Personal Injury Lawsuit?
There are many situations where you are presented with a “terms and conditions” document that purports to create a legally binding contract between you and a service provider. For example, if you have ever booked a cruise out of Florida, your ticket (or its related paperwork) will contain a substantial amount of legal text…. Read More »
“Who Knew What When?” Is Often The Key Question In Slip-And-Fall Lawsuit
Slip-and-fall and other premises liability cases often turn on “who knew what when.” The plaintiff first needs to prove that there was a dangerous condition on the defendant’s property that caused the plaintiff’s injury. But the plaintiff must also prove that the defendant knew–or should have known–about the danger while the plaintiff was unaware…. Read More »
Can Someone Other Than A Property Owner Be Held Responsible For A Slip And Fall Accident?
Slip-and-fall accidents usually fall under the broader category of “premises liability” claims. This refers to the legal obligation of anyone who owns or controls a premises to keep the property in reasonably safe condition for invited guests. Note that a party may exercise “control” over the property for purposes of premises liability without necessarily… Read More »
Comparative Negligence And Florida Wrongful Death Lawsuits
A car accident may be the result of negligence on the part of one or more drivers. Let’s say two cars collide at an intersection. One car ran a red light, but the other was speeding. In that scenario, both drivers were at-fault in contributing to the accident. To account for these situations, Florida… Read More »
