$5 Million Settlement for Attack at Florida Nightclub – Associates and Bruce L. Scheiner
On New Year’s Eve, a 22-year-old student was punched in the face by a bouncer, which led to a cracked skull and three months in a coma. The owners of the now-defunct Cameo night club on South Beach have paid a $5 million settlement, the maximum limits of their insurance coverage. The victim’s father, who filed the lawsuit on his behalf, has since had to help his son learn to walk, talk, and perform other daily routines due to his injury. The Court ruled that the club was ultimately responsible for the patron’s safety. Under the principle of respondeat superior, employers are responsible for the action of their employees. The bouncer has since been charged with felony battery.
Slip-and-Fall Injury Verdict in Negligence involving “Mode of Operation” – By Dean Freeman
One of the most challenging aspects of a slip and fall case is proving that the defendant had actual or constructive knowledge of a potential hazard. This is required by Florida Statute § 768.0755 and is the primary component of any premise liability suit. One was to prove constructive knowledge is to establish that the defendant had a particular “mode of operation” that clearly created an environment that made the hazard foreseeable, and in turn, preventable. Examples of this are self-serve drink fountains, which could regularly cause wet floors around the station or retailers who arrange their clothing racks close together, creating a potential trip and fall hazard. Victims of premise negligence and liability accidents should take pictures of their clothing and the area around the accident to establish evidence of potential “mode of operation” claim.
Gun Store Held Responsible – by Matthew Dolman
In Wisconsin, a gun store was held liable in a case where they failed to adequately prevent an illegal firearm sale to a person under the age of 21. In 2009, an 18-year-old male used a handgun to shoot two Milwaukee police officers after they stopped him on his bicycle. The perpetrator bought the handgun from a gun store by paying a “straw man” to accompany him during the purchase. During the purchase, both the 18-year-old and the “straw man” verbally discussed who would be the owner of the firearm, which should have aroused reasonable suspicion to the sales clerk. Since the incident, both the shooter and his “straw man” have received prison sentences in their roles in the crime. The gun store has since been linked to over 500 firearms used in various crimes ranging from armed robbery to murder. The gun store owner has since surrendered his firearms sales license to the federal Bureau of Alcohol, Tobacco, and Firearms rather than pursue costly litigation to retain it.
A Quick Look At How Settlement Amounts Are Usually Determined – Bernard F Walsh
In Florida, if you have been injured in an accident and are determined that the other party is liable, you may be able to seek compensation for Medical Bills, Lost Wages, Pain & Suffering, and in some cases, punitive damages. Many cases can be settled out of Court, but others may require months or longer to be determined. During the process, you may need continued medical attention, be out of work, or suffer immense stress caused by your accident.
Florida Leads The Country in Pedestrian Injuries – By Lynette Monem
Florida ranks 3rd highest in pedestrian fatalities nationwide. Orlando tops the list of most deadly US cities for pedestrian accidents, Tampa ranks #2 and Jacksonville comes in at a close 3rd most deadly in the United States. Many factors are to blame, increased cellphone usage while driving, heavy pedestrian traffic in large tourist destinations, perfect Florida weather makes walking, biking, and running popular activities. It is important to be vigilant as a pedestrian and motorist, especially in dense urban areas. Florida law requires operators of motor vehicles to stop at all pedestrian crossings, regardless of the traffic signal. Children are especially vulnerable. Observe posted speed limits in residential areas and around parks where children are likely to play. Attention to your surroundings may be the difference that saves a life.
Gainesville Personal Injury Attorneys – Massey & Duffy, PLLC
Whether you have been involved in a Slip & Fall, Premise Negligence, Auto Accident, or other personal injury accident, the attorneys at Massey & Duffy are here to serve you. Our firm has represented clients for the last 17 years against major retailers, insurance companies, private businesses, and government entities. We will help you navigate through your medical treatment, insurance claim, and settlement negotiations. If you have been injured, Florida law may limit the amount of time you have to seek medical attention and file a claim. Please do not delay and Call Us Today at (352) 505-8900 for your Free Consultation.