Author Archives: Jay Butchko
Eisai Faces Florida Lawsuit Over Allegations Its Weight Loss Drug Belviq Causes Breast Cancer
Florida law permits consumers to sue the manufacturer of any defective product if they suffered injuries as the result of said defects. This includes medications. A pharmaceutical company is liable if an ingredient used in their drug caused a “dangerous condition” or side effect. For example, a federal judge in Tampa recently allowed a… Read More »
NFL Player’s Death Highlights Problem Of Pedestrian Deaths In Florida
Pedestrian accidents are an often under-appreciated problem in this country. According to figures from the National Highway Traffic and Safety Administration, a pedestrian is killed on-average about every 85 minutes in the United States–more than 6,200 deaths annually. Tens of thousands more pedestrians suffer serious, life-altering injuries that often require years of medical care…. Read More »
Is A Cruise Ship Legally Responsible When A Passenger Dies Of COVID-19?
COVID-19 has caused millions of deaths worldwide. More than two years into the pandemic, we have started to see the first round of lawsuits alleging negligence played a role in some of these deaths. In particular, there have been a number of wrongful death cases filed against cruise ship operators over passengers who allegedly… Read More »
What You Need To Know Before Suing A Florida Assisted Living Facility
Many elderly Florida residents elect to live in assisted living facilities (ALFs). These facilities are not as restrictive as nursing homes yet allow residents to access personal care and nursing services designed to meet their specific needs. These facilities also need to follow a number of state laws and guidelines, including the Florida Assisted… Read More »
The Basics Of Jury Trials In Florida Personal Injury Cases
The vast majority of personal injury cases–by some estimates as high as 95 percent–are settled out-of-court without a trial. Indeed, many defendants are not eager to take their chances in court. But for those cases that do require a full trial, it is important to understand the role of the jury in the process…. Read More »
Suspect In Fatal Delray Car Accident Found Posting Videos Of Dangerous Driving To Instagram
Social media has made it fun and easy to post everyday moments online to share with our friends and family. Of course, once something is online, it is often shared with the rest of the world as well. And that can have significant legal consequences if you are ever involved in an accident. Take… Read More »
Florida Lawsuit Alleges Medical Malpractice Led To Death Of 23-Year-Old Pro Baseball Player
Wrongful death cases are not always the result of a car accident. Sometimes they arise from acts of medical negligence–i.e., malpractice–that led to the victim’s death. Malpractice itself can include acts of omission, such as failing to properly diagnose an individual who has a potentially life-threatening condition that ultimately kills them. A recent lawsuit… Read More »
Tesla Forced To Issue 2 Recalls In 1 Week Due To Software Defects In Its Vehicles
Any type of defective product can lead to serious injury. When the defective product is a car or other motor vehicle, however, the consequences of a defect can be catastrophic. Everyone on the road is affected by the presence of a dangerous or defective vehicle, which means auto manufacturers have a heightened duty to… Read More »
U.S. Department Of Transportation Figures Show 12 Percent Rise In Auto Accident Fatalities In 2021
While plane crashes tend to draw a great deal of media and public attention, air travel has long been among the safest modes of transportation. Fatal airplane accidents are actually quite rare, statistically speaking. Indeed, you are far more likely to die in an accident involving a car or truck than in any either… Read More »
The Difference Between “Operational” And “Planning-Level” Functions When Filing A Personal Injury Claim Against The Government
Personal injury lawsuits against government entities are often more complex than similar claims against private property owners. The government typically enjoys broad “sovereign immunity” from lawsuits. Florida law does make an exception for torts and similar negligent acts by state employees. But this exception only applies to “operational” functions as opposed to discretionary or… Read More »
