Author Archives: Jay Butchko
Can Firefighters Sue A Negligent Property Owner For Causing A Fire?
First responders such as firefighters are tasked with performing dangerous–and often deadly–tasks on a daily basis. In some cases, a first responder’s life may be at risk due to the negligence of a property owner. This begs the question: Can a firefighter file a personal injury lawsuit against a negligent property owner whose actions… Read More »
Supreme Court Declines To Consider Ex-Army Cadet’s Rape Lawsuit
Personal injury lawsuits against a government agency are always more complicated than those involving individuals or private businesses. In the United States, the general rule is that a government has “sovereign immunity” from civil suits unless there is an express waiver in place. When it comes to routine personal injury claims–say, a car accident… Read More »
Does Florida Law Still Apply If You Are Injured While Driving In Another State?
Florida requires all licensed drivers to carry a minimum amount of auto insurance. This insurance must provide certain “no-fault” personal injury protection (PIP) benefits. These benefits, in turn, must cover 80 percent of any “necessary and reasonable medical expenses” arising from a covered accident up to the $10,000, regardless of who was responsible for… Read More »
How Long Must A Safety Hazard Exist For A Store Owner To Have “Constructive” Knowledge?
The key to any premises liability lawsuit is establishing the property owner had “actual or constructive knowledge” of the safety hazard that injured the customer. For example, if you are injured in a slip-and-fall accident caused by spilled water on a supermarket aisle, you need to show that the management either knew the spill… Read More »
When Is The Rear Driver Not Legally Responsible For A Rear-End Accident?
In rear-end car accidents, the rear driver is usually at fault. Florida law actually imposes a presumption of negligence on rear driver defendant in these situations. There are, however, ways a defendant can rebut this presumption, such as they can prove they suffered a “sudden and unexpected loss of consciousness,” which left them incapable… Read More »
Does A Judge Have To Remove A Juror From A Personal Injury Case Due To Preexisting Bias?
Most personal injury cases are settled out of court without the need for a trial. But if a case does go to trial, the victims have the right to be heard by an impartial jury who will not allow their own preexisting biases or life experience to cloud their judgment. To protect against such… Read More »
What Happens When You Are Forced Into Arbitration–But Cannot Agree On Who Should Be The Arbitrator?
There are some situations where a personal injury or wrongful death claim may be settled through binding arbitration instead of traditional litigation. Arbitration often comes up in the context of legal claims against nursing homes, which may ask residents to sign binding arbitration agreements during the admissions process. Federal and state laws tend to… Read More »
Are Government Contractors Protected By Sovereign Immunity From Personal Injury Lawsuits?
When you want to file a personal injury lawsuit against the state or any part of the state, such as a county, you need to be mindful of the rules governing sovereign immunity. Basically, you cannot sue the government unless the legislature adopts a law permitting such lawsuits. The Florida legislature has adopted such… Read More »
How A Seemingly Simple Deadline Can Trip Up Your Personal Injury Case
When pursuing any type of personal injury claim, you need to be aware of certain deadlines. For example, you probably know that there is a rule called the statute of limitations that requires you to file a lawsuit within a certain time period. For personal injury claims, Florida’s statute of limitations is four years…. Read More »
Auto Insurer Not Responsible For $7.7 Million Wrongful Death Judgment
Auto insurance companies are not in the business of paying out claims when they believe the language of the policy supports a denial of coverage. In some situations, the policy language may be ambiguous, in which case a Florida court will normally resolve the ambiguity against the insurance company as the drafter. But when… Read More »
