Phillips Injury Law, P.A., of counsel to Strunin Law, PLLC, Fort Lauderdale, FL
Distracted driving puts all of us at risk on the roads these days. Drivers have a duty to keep their eyes on the road, but more and more crashes are caused by texting, eating fast food, and applying makeup while driving. Of course, speeding and following too closely are still frequent causes of crashes. When we follow the rules of the road, we expect others to do likewise, or else the whole system fails.
Big Business and Big Insurance have lobbied in some legislation that make it really hard to prove liability in a slip and fall case these days. We must prove that the business establishment had actual, or at least constructive, notice of the dangerous condition in order to meet our burden of proof at trial. But when you find yourself on the floor, humiliated and in pain, it is hard to document the scene by collecting contact info from witnesses, taking photos of the "transitory foreign substance" (i.e. the puddle), and looking for footprints, dirt, and track marks through the puddle.
For the most part, Florida dog owners are strictly liable for injuries caused by their dogs biting someone. That means we do not have to prove Negligence, although Negligence may also be a factor. The biggest challenge in these cases is finding the insurance coverage to pay the victim's damages. So many insurance policies routinely exclude coverage for dog- or animal-related injuries and deaths.
Trucking cases are a whole different animal than run-of-the-mill automobile crash cases. The driver could be liable, or the trucking company, or the company responsible for loading the cargo, or the manufacturer of a defective part, or the truck's owner, or one or more insurance companies, etc. These cases are complex and often times, crucial evidence goes missing or gets deleted if it is not documented early on.
Safety fences and gates around pools can make the difference between life and death, especially for young children. This is no area to cut safety corners. Furthermore, defects in pool pumps and drains also contribute to needless deaths and brain injuries.
In general, if someone is injured due to the negligence of others while on that other party's property, then the law provides recourse. Furthermore, even if someone is intentionally injured as part of a crime on someone else's premises when they could and should have provided security and deterrence measures, then the law may provide a remedy.