Author Archives: Jay Butchko
Governmental Liability
When someone is injured as a result of a government entity’s negligence, the injured party may be entitled to compensation. However, it is generally much more difficult to hold a government agency accountable for negligence than it is to collect compensation from a negligent individual. This is largely due to the existence of governmental… Read More »
The Assumption of Risk Doctrine
The assumption of risk doctrine is a defense commonly raised by Florida defendants who are accused of causing an injury through their own negligence. When applicable, this doctrine prevents plaintiffs, who were engaging in a dangerous activity and were aware of the risks of doing so when their injury occurred, from collecting damages from… Read More »
Federal Court Rules that Designated Drivers Not to be Held to Higher Standard of Care
In Florida, all drivers are required to use reasonable care when driving. This includes an obligation to comply with all traffic laws and to take reasonable steps to protect passengers and other motorists from foreseeable harm. In fact, some drivers, including bus and taxi drivers have an even higher duty of care to others…. Read More »
Are Landlords Liable for Dog Bites Sustained on Their Property?
In Florida, dog owners whose animals attack another person are held strictly liable for resulting injuries. This means that even if a dog has never bitten anyone before, or shown any signs of aggression, its owner will be required to compensate injured parties for medical expenses and lost wages related to the incident. However,… Read More »
The Open and Obvious Doctrine
Business owners in Florida have a legal duty to ensure that their premises are reasonably safe for visitors and that patrons are warned of all hidden dangers. When property owners fail to fulfill these responsibilities, they can be held accountable in court and required to compensate the injured party for hospital bills and lost… Read More »
Who is Liable for My Child’s Playground Injury?
Many children choose to spend their time outside, often in a neighborhood park or playground. While many playground accidents result in minor scrapes and bruises, the reality is that many playground-related injuries are much more serious. In fact, the Centers for Disease Control and Prevention (CDC) estimates that emergency rooms across the country treat… Read More »
Liability for Airbnb Accidents
Renting an Airbnb has become an increasingly popular choice for many travelers. Whether they’re going on a vacation, attending a family reunion, or traveling on a business trip, staying at an Airbnb can save guests a significant amount of money that they might otherwise be forced to spend at an expensive hotel or resort…. Read More »
Collecting Compensation for Injuries Caused by Defective Toys
While most people recognize the dangers posed by children swimming unattended or playing in a busy street, few are aware that defective children’s toys can be just as dangerous. When consumers purchase toys, they should be able to have confidence that the product was designed and assembled carefully and with the appropriate materials. Unfortunately,… Read More »
Recognizing the Signs of Elder Abuse
Despite efforts to regulate the nursing home industry, elder abuse still occurs at an alarming rate. In fact, one congressional report stated that around 30 percent of nursing homes across the country were issued over 9,000 citations for violating state and federal regulations over the course of two years. Although we never want to… Read More »
The Dangers of Dooring Accidents
Although bicyclists are legally permitted to ride on sidewalks in Florida, many choose to utilize bike lanes where they can travel faster and without endangering pedestrians. Unfortunately, this also puts them at a higher risk of colliding with motorists. Dooring accidents, which occur when a motorist, who is parked on the street, fails to… Read More »
