Author Archives: Jay Butchko
Florida Nursing Home Attempts To Invoke Federal Statute To Avoid State COVID Lawsuit
The COVID-19 pandemic has placed renewed scrutiny on Florida’s nursing homes and the often substandard and negligent care they provide to residents. Many patients have suffered and died due to failure to follow basic safety protocols during this emergency. Yet when faced with the prospect of accountability for this neglect, these same nursing homes… Read More »
When Is The Postal Service Responsible For A Fatal Car Accident?
There is an old expression, “You can’t fight City Hall!” That is not exactly true, at least when it comes to personal injury claims. Although the government normally cannot be sued without its consent, federal and state legislation does carve out an exception for civil lawsuits arising from the negligent acts of government employees…. Read More »
Can A Veteran Sue The VA For Medical Malpractice?
Perhaps the most common type of medical malpractice is the “failure to diagnose.” For example, if your doctor fails to properly diagnose your cancer, and as a result you are delayed in receiving appropriate treatment, you can seek to hold the doctor accountable for their negligence by filing a malpractice lawsuit. Of course, things… Read More »
Does It Matter How Much Your Personal Injury Claim Is Worth?
Although multi-million dollar personal injury verdicts tend to make the news headlines, most cases only involve a few thousand dollars in damages. Of course, if you are the victim, any amount of damages are welcome relief. But what you may not realize is that the value of your claim can have a significant impact… Read More »
Is A Building Code Violation Proof Of A “Dangerous Condition”?
Florida law requires all property owners to keep their premises in a “reasonably safe condition” for invited guests. An owner can be held legally responsible if a “dangerous condition” on the property causes injury to an invited guest. One way to establish the existence of a dangerous condition is a building code violation. In… Read More »
Is An Owner Liable For Negligence In The “Mode Of Operation” Of Its Business?
In a slip-and-fall case, the plaintiff must prove that the owner of the property had “actual or constructive knowledge of the dangerous condition” that caused the accident. Historically, Florida courts could apply a common-law rule known as “negligent mode of operation” to establish constructive knowledge. Basically, if the owner maintains or enforces a policy… Read More »
Is A Hotel Liable For Failing To Stop Sex Trafficking On Its Premises?
Premises liability cases are most commonly associated with slip and fall accidents. But a property owner can be held legally responsible for any “dangerous condition” on their property that causes injury to a lawfully present guest. Could this include illegal activity that injures someone? An ongoing federal lawsuit in Fort Myers addresses this question… Read More »
What Happens When A Personal Injury Defendant “Loses” Evidence?
We often advise potential clients that it is critical to speak with an attorney as soon as possible after an accident. You might wonder why there is a rush. After all, Florida has a four-year statute of limitations in personal injury cases. So how will a delay of a few months–or even a year… Read More »
Who Is Considered A “Business Establishment” In A Premises Liability Lawsuit?
Florida has specific laws dealing with slip-and-fall accidents that occur in “business establishments.” In such cases, the accident victim must prove that the establishment in question “had actual or constructive knowledge of the dangerous condition” that caused their fall. The victim must further show the establishment “should have taken action to remedy” the dangerous… Read More »
How Punitive Damages Work In A Florida Personal Injury Lawsuit
In most personal injury cases, the victim is limited to seeking compensatory damages. This refers to the victim’s losses directly arising from their accident, such as medical bills, lost income, and even intangible losses like pain and suffering. In some cases, however, a defendant’s conduct is so outrageous that the law also permits the… Read More »
