Author Archives: Jay Butchko
Are Florida Bars Responsible For Serving Minors Who Cause Drunk Driving Accidents?
Before the 1960s, a Florida bar or similar business that sold alcohol was generally not legally responsible if one of its patrons became so intoxicated that they injured someone else. In 1963, however, the Florida Supreme Court held that if a bar illegally sold alcohol to minors–currently defined as anyone under the age of… Read More »
What Is The “Dangerous Instrumentality” Rule For Florida Car Accidents?
If you are injured in a car accident caused by another driver’s negligence, there may be more than one person legally liable for your injuries. Certainly the negligent driver is liable. But if they were driving someone else’s vehicle with the owner’s permission, then the owner may also be on the hook for your… Read More »
Florida Highway Patrol Reaches $500,000 Settlement With Family Of Woman Killed By Police Officer
All drivers have a responsibility to operate their vehicles in a reasonably safe manner. This includes police officers and others who operate vehicles as part of their public safety duties. Indeed, one cannot protect public safety while simultaneously putting the lives of people in danger via reckless and unsafe driving. Officer Drove Off Road,… Read More »
Tesla Sued Over Suspension Defect Tied To The Deaths Of 2 People In Florida Crash
Any defective consumer product carries the risk of seriously injuring–or even killing–an innocent consumer. Unfortunately, when that product is an automobile, those risks expand significantly. A defect in the design or manufacture of a car may kill not only that vehicle’s occupants but also other bystanders as well. A recently filed Florida personal injury… Read More »
How Is A Wrongful Death Lawsuit Different From A Personal Injury Claim?
You will sometimes see the terms “wrongful death” and “personal injury” used interchangeably. That is not quite accurate. While a wrongful death lawsuit is, in many respects, a type of personal injury claim, they are in fact distinct legal concepts. With that in mind, here is a brief explanation of how the two types… Read More »
Are Police Officers Legally Responsible For A Detainee’s Suicide?
Wrongful death claims arise when a person dies due to the negligence of another party. Private persons and corporations may be sued for wrongful death. But when the death was the result of action–or inaction–by government officials, particularly law enforcement, the rules are somewhat more complicated. Federal and state law confer what is known… Read More »
The Role Of Settlement Agreements In Car Accident Insurance Disputes
Claims arising from a car accident are often resolved by a settlement agreement, either with the other driver or an insurance company. Settlement agreements are legally binding contracts. This means that either side can ask a judge to enforce its terms. But the court’s authority typically does not extend beyond the scope of the… Read More »
How A Negligent Driver’s Conduct Can Let Their Own Insurance Company Off The Hook
A personal injury award following a serious accident can often come to several hundred thousand dollars. Most defendants cannot rely solely on insurance to cover such damages. Indeed, many Florida drivers only carry about $10,000 in bodily injury liability coverage. In many cases, the insurance company will agree to pay the maximum coverage available… Read More »
What Is A Fabre Defendant In A Florida Personal Injury Lawsuit?
When an accident seriously injures someone, there may be multiple parties who can be held legally responsible. The victim may elect to file a personal injury lawsuit against one or more defendants to seek monetary compensation. The defense may then turn around and argue there was a third party–one not named as a defendant… Read More »
Can A Jury Award Damages Inconsistent With The Evidence In A Personal Injury Case?
Juries have fairly broad discretion when it comes to awarding damages in a personal injury case. But such discretion is not without limits. When it comes to awarding economic damages, for example, the jury cannot act against the “manifest weight of the evidence.” In plain terms, if the plaintiff presents credible evidence that they… Read More »
