Fort Lauderdale personal injury

It’s been more than 20 years since a 79-year-old New Mexico woman was awarded millions by a jury after suffering severe burns from scalding coffee served by fast-food restaurant McDonald’s. The claim had been widely derided publicly as frivolous, though what many people didn’t understand was the severity of the woman’s injuries (requiring extensive skin grafts) and the fact the chain had been repeatedly warned that its brew was blisteringly hot.

Now, another popular chain, Starbucks, has been on the receiving end of a number of hot coffee lawsuits. The results have been a mixed blend.

Most recently in South Florida, a man alleges he suffered severe burns when a barista at a drive-through in Pompano Beach did not make sure the lid was securely on the cup. The employee then reportedly failed to make sure plaintiff had a good handle on the cup before letting go, resulting in severe burns to his groin. Continue reading →

The principle of comparative fault is key in many Florida personal injury lawsuits. Comparative fault is the degree to which an injured plaintiff is responsible for his or her own injuries.

For example, a pedestrian is struck by a drunk driver. The driver may well be liable, but if the pedestrian was not using caution to cross safely in a designated crosswalk, he may be found to have committed contributory negligence. The way this affects a case varies greatly from state-to-state.

Florida, thankfully, has one of the more plaintiff-friendly interpretations. Our courts use a model called “pure comparative fault.” What that means, per F.S. 768.81(2) is that if a plaintiff is at-fault, that percentage is going to diminish proportionately the amount to which plaintiff is entitled to recovery. However, unlike many states, plaintiffs can recover damages so long as their own fault is less than 100 percent. So a person who is 99 percent at-fault for their own injuries can still recover 1 percent of the damages from the other liable party. Continue reading →

Articles Tagged with Fort Lauderdale personal injury

Hot Coffee Injury Lawsuits Still Pouring In

Estate of Gagnon v. Anthony – Comparative Fault in Personal Injury Lawsuits