Author Archives: Jay Butchko
Collecting Compensation for Toy-Related Injuries
As the holidays creep ever nearer, more and more people are beginning to shop online and in stores to find the perfect gifts for their children. While most people do not associate toys with serious injuries, the reality is that thousands of children are injured by defective toys every year. In fact, according to… Read More »
Construction Zone Accidents
Although a number of states have taken steps to help prevent construction zone accidents, an alarming number still occur on regular basis. In fact, the Federal Highway Administration estimates that approximately 96,626 work zone crashes took place in 2015 alone. Many of these accidents occurred in Florida, where road construction is not uncommon, especially… Read More »
Collecting Restitution in Florida
When someone fails to use reasonable care when required to do so and an accident occurs as a result, the injured party could recover damages by filing a personal injury lawsuit in civil court. In some cases, injuries to victims are the result not only of negligence, but also criminal acts. In these situations,… Read More »
The Going and Coming Rule
Under the legal theory of respondeat superior, employers can be held vicariously liable for the negligent or reckless actions of their employees. This issue is raised most often when an employee injures someone else while driving to or from work. Whether or not an employer can be held liable in these situations depends on… Read More »
Florida’s Bodily Injury Liability Law Approved by House Committee
Last week, the Florida House of Representatives Commerce Committee approved legislation that would require Florida drivers to carry bodily injury liability insurance. House Bill 19 is scheduled to go to the House floor for consideration when the 2018 legislative session starts in January. If passed, this law could have a significant impact on how… Read More »
Rear-End Motorcycle Accidents
Motorcyclists are always at a serious disadvantage when it comes to collisions with motorists who have the benefit of seat belts, airbags, and thousands of pounds of steel between them and the road. Although any type of motorcycle crash is dangerous, rear-end collisions tend to have particularly devastating consequences, so if you were involved… Read More »
Injuries Sustained While Participating in Recreational Activities
When someone is injured on another person’s property due to a dangerous condition, hazard, or defect, the injured party is often able to file a premises liability lawsuit to recover damages. This is because property owners are required by law to take reasonable measures to make their premises safe for visitors. However, the level… Read More »
Self-Defense Determinations in Civil Court
Florida’s “stand your ground” law states that residents do not have the duty to retreat before using force against an attacker. This defense is often raised in criminal cases by those who use self defense to protect themselves from a violent attack. However, the Florida Supreme Court recently issued an opinion holding that while… Read More »
When are Punitive Damages Awarded?
In Florida, those whose personal injury claims are successful are eligible to collect a variety of damages, including compensation for past and future medical expenses, lost wages, property damage, future loss of income, and in some cases pain and suffering. Generally, the amount and type of damages that a plaintiff can collect will depend… Read More »
Parents File Wrongful Death Lawsuit Against Child’s School
Those who lose loved ones as a result of another person’s reckless or negligent conduct are often able to collect some form of compensation from the at-fault party to cover the decedent’s medical bills and funeral expenses. In many wrongful death cases, linking the defendant to the conduct that caused the accident and subsequent… Read More »
