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Being Injured At A Business Can Result In A Lawsuit

Being Injured At A Business Can Result In A Lawsuit Businesses are required to follow regulations and etiquette in order to keep their customers safe. There are circumstances where an injury or accident may occur while a customer is visiting the business and is entitled to compensation for said injury. A few key factors have to fall into place to have a valid case. Most businesses should be prepared for any personal injury accusations as it is part of owning a business.

What The Business Needs To Do In Case Of Personal Injury

Businesses have insurance that should be in place to compensate medical needs for anyone that sustained an injury in their establishment. It is when the business fails to provide a properly safe environment for its customers based on negligence that leads to an injury when they get in trouble. A common scenario is a slip and fall for instance. There Is protocol to follow in order to keep customers safe from slipping and falling.

In these cases it is up to the business to prove that they did everything in the regulated practice to provide... ...read full post

4 Important Things To Know About Medical Marijuana In Florida

4 Important Things To Know About Medical Marijuana In Florida Some of us Floridians felt a sigh of relief in November when medical marijuana passed in our state. Others may not feel as comfortable with the new law. As marijuana has become a more widely accepted and at least acknowledged practice across the country, in both recreational and medical forms, this means legislature is having to change its shape and therefore we as citizens should be aware of those changes. Marijuana laws in Florida remain strict regarding the recreational use, so don't get to confused about what you are able to do without the chance of repercussion. There are some simple yet important things to know about medical marijuana in Florida and how it affects you.

You Will Need A Doctor's Approval For Marijuana

You would think that would be implied in term medical but some people are still confused by this. You must make a specific appointment with a physician and after being evaluated they have to feel strongly enough that marijuana would help whatever your condition may be to approve it. Then you must get your 'green card'... ...read full post

What Is A Class Action Lawsuit And How Do I Get Involved?

What Is A Class Action Lawsuit And How Do I Get Involved? Class action is a word we hear thrown around a lot, not only in the presence of legal counsel but we hear and read it in the media all the time. So what is a class action lawsuit and why is it different than other lawsuits? I have a problem with a company or product should I look into class action? All valid and possibly confusing questions an attorney can help answer for you.

What Is A Class Action Lawsuit?

A class action lawsuit is when a plaintiff sues a defendant on behalf of a group of people, simply put. This is different than a standard lawsuit where one party sues another. When we hear about class action in the media is it often, though not always, in regards to a company versus many wronged parties. The most common theme is when each of the people in the group have been injured by the defendant in the same way. For example a faulty part in a toy or car that has malfunctioned and caused injury the same way... ...read full post

Cuisinart Recalls Food Processor Models Spanning Years Of Production

Cuisinart Recalls Food Processor Models Spanning Years Of Production  The American based kitchen appliance company Cuisinart has issued a recall for 8 million food processors of almost two dozen models. Production of these food processors spans over years, starting in July of 1996 and ending in December of 2015. Obviously this is quite a few models and can get confusing when trying to determine if this specific recall affects you. Specifically, the recall was issued because of concerns and report of breaking blades of the food processors that were all manufactured in China. A recall of this size does pose some legal concerns for both the company and the consumer.

What Actions To Take After A Product Recall

The recalls we hear about the most are frequently recalls for automobile parts or the vehicle itself. Obviously, there can be other types of recalls but they should be treated differently, as they are. Conair, the company in ownership of Cuisinart made a statement saying the riveted blades can crack over time, and if broken metal shards of the blades can break off and get mixed in with the food. There have been almost... ...read full post

Brian O Sutter
posted by Brian O. Sutter , in:
Recalls

If You Feel Ostracized You May Have A Discrimination Lawsuit

If You Feel Ostracized You May Have A Discrimination LawsuitWe do not live in a perfect world. It frequently feels like it is as far from perfect as it can get. That does not mean that you do not deserve justice when you are being discriminated against. Discrimination lawsuits can get sticky for everyone but that doesn't mean they should be taken on with strength in southwest Florida. Florida walks in the shadows of its current reputation when it comes to discrimination. If you are being discriminated against in a business, workplace, government facility or educational institution we hope you find some peace knowing there are people willing to help you and fight for you.

What Is A Discrimination Lawsuit?

A discrimination lawsuit comes out a scenario where the treatment and often times decision making regarding a person is based on a group, class or other way of categorizing a person. These effects could be in favor of or in opposition to the party at hand. We see and hear of many of these cases coming in the workplace based on an employer's discriminatory actions toward employees.

There are... ...read full post

Victims Of Drunk Driving Are Entitled To Adequate Compensation

Victims Of Drunk Driving Are Entitled To Adequate Compensation  It's the scariest thing we hear about on the roadway. Something that is out of your control because someone else decided to get behind the wheel when they were intoxicated and that could destroy your life in a flash. If you have been injured by a drunk driver there needs to be legal justice for you and your family. It is more than just covering your medical bills and car damages, an experience like this can change you forever. According to the CDC Florida does carry a higher rate of death by age than the national average. As vigilant as we Floridians can be there is still little we can do if someone decides to make this mistake and gets behind the wheel. There are steps that you can and should be taking if this happens to you or a loved one.

After A Drunk Driving Accident

If you have been hit by a driver you suspect is drunk you should call the police immediately. It is very difficult to prove the accident involved alcohol without being able to... ...read full post

With The Wild Weather, What You Need To Know About Flooding

With The Wild Weather, What You Need To Know About Flooding Melting snow, unusual rain patterns following months of drought, bad luck, there are many reasons you can find yourself underwater after a flood environment. Many times these unfortunate circumstances are created from uncontrollable inconveniences. It is hard to anticipate and prepare for severe weather or other natural disasters. Florida is right in the danger zone for hurricanes and that severe weather pattern tends to leave a trail of devastation, almost always including flooding. There are some steps to take to guarantee your home will be restored and there will be compensation for you and your family if possible.

What To Do Right After A Flood

Homeowner's insurance is an underappreciated lifesaver in situations like property damage. Including renter's insurance this is how you cover damages to your property or lost or stolen items. When your circumstances couldn't get any worse, don't let them, be insured. You should call your insurance agent to file a claim as soon as you can. If it is a natural phenomenon that has caused the flooding and damages they will be busy fielding calls.... ...read full post

Another Takata Airbag Recall On More Models

Another Takata Airbag Recall On More Models  If you haven't heard of the myriad of Takata airbag recalls over the past few years, consider yourself one of the lucky ones. Or maybe the unlucky ones since the recall has it millions of different affected vehicles and yours could be one of them. It is important to keep informed about all recalls if possible and we keep this updated for you, knowing that recalls stem from safety hazards. The safety of you and your family is not only your concern, it is our concern. Take some time to read below on the status of you vehicle, what's new with the recall and how to know if you need help.

What's New With The Takata Airbag Recalls?

It does seem like new vehicles are being added to this recall list all the time and that is probably because it is true. Ford (including Lincoln), Nissan, Honda and Toyota have all added more vehicles to the recall list, breaking the record for most recalled vehicles for one recall. Barely surpassing the amount of cars recalled in the Volkwagen emissions scandal, where they... ...read full post

Brian O Sutter
posted by Brian O. Sutter , in:
Recalls

What To Know About Workers’ Compensation In Florida

What To Know About Workers’ Compensation In FloridaWhen most people think of Florida, they picture it as a relaxing vacation spot that the whole family can enjoy. However, there are plenty of workers doing what they can to make our beautiful state an amazing place to be for tourists and residents alike. Unfortunately, accidents can happen on job. Thankfully, workers’ compensation is there to help you get the compensation you need when mistakes occur.

What are workers’ compensation benefits?

In Florida, most employers are responsible for providing workers’ compensation for their employees. Essentially, workers’ compensation works as a type of wage replacement. How much compensation you are entitled to receive will depend on how much your ability to work is impacted by your workplace injury. For Floridian employees, you are not required to prove that your employer was at fault—only that your injury occurred while you had been working.

The majority of accidental injuries and occupational diseases that happen over the course and scope of employment are covered. However, workers’ compensation may not cover any mental harm unless they occurred as a result of a physical injury.

Will the benefits you receive equal your... ...read full post

Food Product Liability

Food Product LiabilityWhen purchasing food, you would expect that it is safe for you to consume and enjoy. Food products are often subjected to strict inspections before the manufacturer can even release it for public sale. However, this can’t always prevent a food-borne illness from occurring. If you get sick from something in the food you have purchased, you have the right to file a personal injury lawsuit to receive the financial compensation you are entitled to.

However, proving that a food product caused your illness isn’t as easy as you may think.

1. Prove that you got sick as a direct result of the food product!

If you have fallen ill after eating, the first thing you may suspect is food poisoning. While that seems like a logical explanation, it isn’t enough to prove it or file a lawsuit. To have a strong case, you will need to prove that something within the food is what made you sick in the first place. If you immediately seek medical help for your illness, a physician may be able to find the connection between the food and your poor condition and document this connection.

2. Identify... ...read full post

Top 10 Ways To Prevent A Bathroom Slip And Fall

Top 10 Ways To Prevent A Bathroom Slip And FallMost slip and fall accidents that occur in the home, happen in the bathroom. With so many slick, hard surfaces combined with the moisture can make for some dangerous conditions.

However, with a few preventative measures, you can drastically lower you and your family risk of slipping and falling in the bathroom.

1. Ditch The Throw Rug

Believe it or not, these slippery floor coverings are the most common cause of a household slip and fall. If you cannot bare to part with your bathroom rug, try to secure them using double faced tape, tacks, or slip resistant backings.

2. Prevent Tub Slippage

It should come as no surprise that the tub is the most ‘slippery’ part of the bathroom, especially when you are taking a bath or shower. Put in some nonslip strips, tiles or mats in your tub or shower to give yourself the extra grip you need to prevent falls. Additionally, you will want to secure any loose corners on mats.

3. Keep It Clean

Make sure to keep your tub or shower clean to counteract slippery soap residue or mold. Additionally, keeping your... ...read full post

What You Should Know About Liability Law And Loaning Your Car

What You Should Know About Liability Law and Loaning Your CarAs the owner of your car, you may find yourself at fault even when you weren’t the one driving. This is known as vicarious liability. In other words, as the owner of the car, you are responsible for any wrongdoing of another person while they are driving your vehicle.

With this in mind, you might want to think twice about letting someone borrow your car.

Types of Accidents and the Owner’s Liability

Some fairly common circumstances of vicariously liable include:

When the owner is aware the car is defective, but allows another driver to use the vehicle regardless.
When the owner is aware that the driver is reckless or unlicensed, but allows them to drive anyway.
When an employer requires an employee to use a car for a business reason.

Employment

When the owner of the car is also an employer, than they can be held liable for their employee’s negligence in causing an auto accident if:

The employee had been driving the owner’s car while doing something related to their job
The employee was unlicensed, reckless, or incompetent

In addition, it needs to be shown that the driver was an... ...read full post

Pain And Suffering Damages In Florida

Pain And Suffering Damages In FloridaLike in most states, Florida treats ‘pain and suffering’ as a legal term for any physical or emotional distress caused by an injury. Whether you have lived here all your life or just like to vacation in the Sunshine State, there are a few things you should know about how Florida courts treat pain and suffering.

The Different Kind of Damages in Florida

When there is a claim for damages after an accident, there are typically two types of damages that need to be considered: economic (aka special) and non-economic (aka general). Economic damages refer to the actual monetary costs of an injury, such as medical bills and lost wages. However, non-economic damages is more abstract and harder to estimate, such as current and future pain and suffering as a result of your accident. A couple examples of this kind of injury are depression, anxiety, PTSD, and insomnia.

How Are Pain And Suffering Damages Measured in Florida?

Unfortunately, measuring the damages for pain and suffering is difficult because the experience is very subjective and there is no universal standard to use. Often the courts must use their best judgment and... ...read full post

The Dangers Of Eating Behind The Wheel

The Dangers Of Eating Behind The WheelDistracted driving can take several different forms including texting, applying makeup, changing music or even daydreaming. While there are no laws prohibiting eating and driving, that doesn’t make it any less dangerous. There are three common kinds of distractions that impair a driver’s ability to safely operate their vehicle and avoid crashes:

Visual distractions happen when the driver’s eyes are diverted away from the road in order to compete or pay attention to another task, such as checking on children sitting in the backseat.
Manual distractions are those that require the driver to take their hands off of the wheel, such as typing information into a GPS or texting.
Cognitive distractions are what take the driver’s mind and focus away from driving, such as listening to music or talking to someone else in the vehicle.

Each of these types of distractions are dangerous all on their own, but when combined they can pose an even greater risk to driver passenger, and pedestrian safety. Unfortunately, eating while driving does just that. From having to unwrap food packaging to holding the food with at least one hand to applying condiments, eating... ...read full post

How ‘Foreseeability’ Effect A Personal Injury Case

How ‘Foreseeability’ Effect A Personal Injury CaseDetermining who was negligent and how that negligence directly caused an injury or damage is important in any personal injury case. However, being able to receive financial compensation for your injuries takes more than just proving that the other person was negligent in their actions or inaction. It is about whether your injuries were a foreseeable consequence of their negligence.

In personal injury law, foreseeability is a key concept. More specifically, foreseeability is a crucial element of causation.

Causation and Foreseeability

In order for you to win your personal injury lawsuit, a plaintiff will need to prove that the defendant was negligent and that this negligence is what directly caused or worsened the plaintiff’s injuries. To put it another way, the defendant cannot be held liable for negligence unless it played a role in the plaintiff’s injury.

This is where foreseeability comes to play. In order for you to prove causation, that the defendant’s negligence caused the plaintiff’s injury, the plaintiff will be required to prove that the harm they suffered was, or should have been, reasonably foreseeable to the defendant at the time of the... ...read full post

What To Do After A Parking Lot Collision

What To Do After A Parking Lot CollisionAt times it almost seems as if parking lots were made for car accidents. Whether you have two drivers vying for the same spot or find yourself distracted by people walking around while you are pulling out, there is plenty of things to watch out for on your way to the grocery store.

Although parking lot accidents are common, they are typically low speed collisions with minimal damages or injuries to worry about. Still, it doesn’t mean you should take this kind of car accident lightly either.

Steps to Take After a Parking Lot Accident

Any time you find yourself involved in a traffic accident, whether in a parking out or somewhere else, you need to protect yourself in the moment and act in your best interests. Here are some steps you should take after the car collision:

Pull the vehicles out of the way and into a safe location.
If you are unable to move your car, put on the emergency flashers and exit when it is safe to do so.
Immediately call for medical assistance if anyone is injured.
Call the police, especially if there are any injuries... ...read full post