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For many kids, Halloween – and of course, trick-or-treat – is highly anticipated and the source of many magical childhood memories. However, there are also a host of frightening dangers lurking on Halloween that have nothing to do with ghosts or goblins. 

Attorneys for child injury victims in Orlando are committed to helping raise awareness of some of the most common child Halloween injuries, in the hopes families will face fewer emergency room trips this year.

From traffic safety to pumpkin carving to candle hazards, the hazards are seemingly endless.

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Unless you have been involved in a high stakes injury trial, you are probably unfamiliar with the terms “remittitur” and “additur.” They aren’t common knowledge, but they can have a substantial impact on any personal injury lawsuit.

In Florida, remittitur and additur come into play after the jury has rendered a verdict. Either side can ask the judge for a remittitur (a reduction of damages, usually by motion of the defense) or an additur (additional damages awarded, usually by motion of the plaintiff). The judge has discretion to decide whether such a request is appropriate. Some of the things the judge will consider include:

  • Whether jurors obviously ignored evidence or facts presented at trial;
  • Whether there is a reasonable connection between the evidence and amount of the verdict award;
  • Whether the award was too small or too big because of some prejudice or bias;
  • Whether the verdict is logical based on the evidence.

F.S. 768.74 is what governs judicial power on this. It’s an element of a case cannot be ignored, as it can significantly impact the amount you receive following a serious injury. Remittiturs and additurs can also be subject to appeal. Statutes on this power vary from state-to-state.  Continue reading →

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When an employee causes injury to someone else in the course and scope of employment, their employer can be held vicariously liable for those injuries. The legal doctrine is called respondeat superior, which is Latin for, “Let the master answer.” 

Of course, an employer could also be found directly liable as well for things like negligent hiring, negligent retention, negligent supervision or negligent security. But respondeat superior does not require a finding that the business was negligent. As long as the negligent employee was acting in furtherance of the business at the time the incident occurred, the business may be liable.

This is what is alleged in a Florida personal injury lawsuit recently filed against Apple Inc. in the U.S. District Court for the Southern District of Florida. The case is filed federally because, while the injury occurred in South Florida, the company is headquartered in California.  Continue reading →

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The Florida Supreme Court has ruled that “Stand Your Ground” immunity granted in criminal cases cannot be automatically transferred to civil cases filed in response to the same incident. 

The standard of proof in a criminal case – beyond a reasonable doubt – differs from that in a civil case – the preponderance of the evidence (which basically means it was more likely than not something occurred in a certain way). That’s why a person can be found not guilty in a criminal trial, but still be found liable for damages in a civil case.

Many civil injury lawsuits are predicated on wrongdoing based on negligence. That is, someone owed a duty of care, that duty of care was breached and injuries resulted. However, some civil cases involve intentional torts. These can include things like assault and battery, false imprisonment or intentional infliction of emotional distress. A single incident can be the subject of both a criminal case and a civil case, but the two are entirely separate, and the outcome of one should not influence the outcome of the other, though much of the same evidence may be presented.  Continue reading →

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A fatal construction accident has spurred a wrongful death lawsuit filed by the worker’s widow against the property owner and two subcontractors in California. 

The incident highlights the fact that not only is construction work extremely dangerous, but that workers and their families may have options in addition to workers’ compensation to pursue damages. Although this case is unfolding on the opposite side of the country, California and Florida have similar laws pertaining to the exclusive remedy of workers’ compensation. In Florida, workers’ compensation law is outlined in Chapter 440 of Florida Statutes.

This is essentially a no-fault system wherein the employee forfeits the common-law right to a negligence action against an employer in exchange for strict liability (i.e., if it happened at work or arose out of a condition of employment, it’s covered) and rapidly-recovered benefits. This is the so-called “exclusive remedy.” You can’t sue your employer if you obtain or are eligible for workers’ compensation. There are some very narrow circumstances wherein an employee could pursue a claim of general liability against an employer for an intentional tort, but that is quite rare. However, what is far more common are claims of third-party liability against someone other than the employer. This is especially common in the trades for two reasons:

  • Injuries are more likely in construction and labor work because of its high potential for risk;
  • There are often numerous companies, individuals, contractors and property owners involved in these jobs.

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Council members for the City of Fort Myers have agreed to pay $40,000 to avoid further litigation involving the family of a 20-year-old man who was fatally shot at a Halloween-themed event downtown two years ago. 

The News-Press reports the city hoped to avoid the continuation of a $5 million wrongful death lawsuit, by settling with the young man’s personal representative. The city has already spent $55,000 thus far settling various lawsuits filed against it after the unsolved shooting at the event, a horror-themed tradition called Zombicon. The city cut ties with the event coordinator soon after the shooting. Two more personal injury lawsuits are still pending in state court, as well as a third involving a dispute with insurer in federal court. Previously, the city paid two other 20-year-olds who had been shot and injured $7,500 each.

Zombicon had been one of the most popular downtown celebrations, drawing some 20,000 people to the event every year. However, at the 2015 event, shortly before midnight, an unknown person started firing into the crowd. Decedent was killed and six others were seriously injured. After nine years of the event being held downtown, it is no longer. The event organizer is also facing litigation, alleging, among other things, inadequate security.  Continue reading →

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A bicyclist who suffered a severe injury after his bicycle struck a pothole will receive a $6.5 million settlement from the City of Los Angeles, following lawmaker approval of a claims bill. The claims bill process involving public entities in L.A. is somewhat similar to how such matters are handled here in Florida, where damage caps per F.S. 768.28 allows for up to $200,000 per claim or $300,000 per occurrence, unless legislators pass a claims bill to allow for more. 

According to the Los Angeles Times, plaintiff suffered severe and permanent brain damage when he encountered a pothole while on his bicycle. The impact tossed him from his bicycle, causing him to suffer several broken bones and a traumatic brain injury.

He alleged in his lawsuit that the street on which he crashed was poorly maintained, causing what was in essence a concealed trap for those on bicycles. Claimant presented evidence that he is likely to suffer some form of disability for the rest of his life. Members of city council agreed to approve the multi-million dollar settlement.  Continue reading →

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We trust that the products we purchase will be safe for the purpose intended. We also trust that when promises are made that a product will protect us from a given danger – whether that promise is express or implied – that it will do so. 

The solar eclipse that took place last month was an historic event, and people across the U.S. were eager to have an opportunity to experience it. Special sunglasses that could filter out the sun’s harmful ultra-violet rays were a must-have, and they were in particularly high demand.

However, according to one lawsuit, some manufacturers and vendors sold glasses that were not powerful enough to adequately block the dangerous rays, resulting in a range of vision problems, ranging from temporary discomfort to permanent blindness.

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In a lawsuit against a fatal amusement park accident during a school outing that claimed the life of a child, defendant amusement park cannot seek indemnification from the school. However, according to a recent New Jersey Supreme Court opinion, defendant will be allowed to seek a verdict that allocates fault to the school, meaning it plaintiffs could ultimately receive less. 

The issue in Jones v. Morey’s Pier was that defendant amusement park failed to give proper notice of claim to the school under the state’s Tort Claims Act. Still, the park will be allowed to present evidence during the pending trial against it that the school was negligent and that this negligence was a proximate cause of the girl’s death. If the jury finds credible evidence of this, it can allocate a percentage of fault to the school, which would reduce the park’s overall liability and the amount it would have to pay the child’s parents.

This question of common-law indemnification against a public entity was one of first impression in New Jersey, and although it has no direct bearing on the court process in Florida, courts often look to the decisions of their sister courts in reaching conclusions about similar matters.  Continue reading →

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Jurors awarded $148 million in damages to a former dance student who was permanently paralyzed as a result of a poorly-maintained pedestrian shelter at a bus stop of Chicago’s O’Hare International Airport. That amount fell shy of the $175 million plaintiff’s attorneys sought for her injuries, but it was far more than the $30 million defense attorneys suggested to jurors.

According to The Chicago Tribune, the City of Chicago, which is responsible for maintenance at the airport, conceded liability in the case. The only matter to be decided by jurors was how much should be paid in damages.

In Florida, when someone has been injured in any type of accident, there may be grounds to pursue both financial (economic) as well as non-economic damages. Economic damages are calculated by determining the cost of things like medical bills, therapy and lost wages resulting from the incident. Non-economic damages, meanwhile, are intended to cover the kinds of intangible negative impact of an injury. For instance, non-economic damages would cover things like pain and suffering, loss of life enjoyment, permanent disfigurement or loss of consortium.  Continue reading →

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