A boy who sustained serious and lasting damage to his knee as a result of deep lacerations caused by shards of broken glass at a public park is entitled to the $425,000 damage award granted by a trial jury, an appellate court ruled recently. The fact the child was not…
The law treats children differently in many respects. In criminal courts, for example, juvenile courts aim for rehabilitation rather than punishment. In civil court, children are often granted exceptions in terms of their understanding of danger and liability. One example of this is seen in the doctrine of attractive nuisance.…
In any personal injury claim, the very basics of what must be proven are: Duty of care Breach of that duty Causation Damages Explained more thoroughly, defendant must owe plaintiff a specific duty of care. That duty of care must have somehow been breach, and as a proximate result of…
People who are injured as a result of a defective vehicle (or vehicle part) may have grounds on which to assert a successful product liability claim. This has become an increasingly common plaintiff strategy in recent years, in large part because so many auto manufacturers have been shown to make,…
Florida may not have snow or mountains, but vacationers here likely have one thing in common with plaintiffs in an Oregon case alleging staff negligence while snowboarding: Liability waivers. There are many opportunities for visitors (and locals) in South Florida to engage in fun activities, such as personal watercraft rentals,…
When it comes to ladders, as with any tool, improper use, lack of adequate training or general bad practices can result in serious injuries. But so too can ladders that are poorly designed or manufactured. The American Journal of Preventative Medicine reports hundreds of thousands of ladder-related injuries every year…
With the holiday season in full swing, stores across Florida are packed with patrons, scrambling to pick up those few last-minutes items. Store employees are often swamped, and when hazardous floor conditions become apparent, they have less time and fewer personnel to remedy the problem. These kinds of incidents give…
As we near the greatest gift-giving season of the year, we do recognize toys can be of great benefit to children, helping them to develop, learn and explore. However, they are also a source of serious injury. A new report published in the journal Clinical Pediatrics indicates the number of…
Florida is one of the top destinations sought by customers of Airbnb, VRBO and other home-sharing, short-term rental hubs – especially around the holidays, where people are seeking a warm respite from the northern cold. But when injuries occur on these properties as a result of dangerous conditions, the issue…
Increasingly, companies and service providers require consumers to sign liability waivers, effectively agreeing to sign away their right to seek recompense should injury result from the activity or service. In large part, courts have upheld the viability of these documents, considered formal legal contracts. This is why people must be…