Premises liability deals with an injury that is sustained on property owned by another and the duty that owner has to maintain their property or building. Florida does not have a specific body of law that addresses premises liability. While there are some odd statutes regarding some obscure situations, Florida looks to common law for liability due to injury on another's property. For this we...
Tragic accidents can happen when traveling out of the country: a child could drown in a hotel pool, a fall from a parasail could cause paralysis, or a taxi accident injures cruise ship passengers...
The sister of a man who killed himself after being targeted by the show "To Catch a Predator" as a suspected pedophile is suing NBC Universal for $105 million.Louis William Conradt, a former U.S. state prosecutor, killed himself in November 2006 after police and camera crews came to his home for NBC's Dateline Program "To Catch a Predator". The show, which involves Dateline and Internet...
A judge announced yesterday that the wrongful death lawsuit filed against two boot camp guards will not begin until the criminal trial is over. Guards at a Panama City Boot Camp beat and kicked Martin Lee Anderson in early January 2006. The beating was caught on videotape and has been seen on local and national news stations around the country.Seven drill instructors and a camp nurse stand...
A recent Miami Herald article detailed a scandal in the Ohio Bureau of Worker's Compensation. It is estimated that hundreds of workers in the state of Ohio who were injured on the job received fewer benefits than they had coming because of flaws in record-keeping and possible fraud. Out of 8,900 cases that the Ohio Bureau of Worker's Compensation reviewed, as many as 1,500 deserved additional...
I'm really enjoying the posts of Greedy Trial Lawyer. He/She appears to be an anonymous colleague who has tongue-in-cheekly (is that a word?) embraced the way proponents of tort reform view him/her. A recent post from Greedy Trial Lawyer notes an article from PolState.com which points out that Iowa is just the lastest in the long line of states attempting to cap punitive damages in medical...
Medical malpractice occurs when the actions of a physician or health care provider are below the standard of care. When a health care provider either fails to do something that should have been done, or does something that should not have been done, the consequences being injury or death, the victim or victim's family may have a claim of medical negligence or medical malpractice. Doctors and...
A study performed by the non-profit watchdog group, Foundation for Taxpayer and Consumer Rights, found that Insurers consistently overstated their estimated amounts paid out in claims, inflating their losses by an AVERAGE of 46% between 1986 and 1994. These misleading numbers were supported by documents filed with state regulators and in statements made to public officials, the Insurance Journal...
A study of medical negligence awards payments from 1991 to 2003 finds that increases in payments are consistent with health care costs and are not driving up the costs of premiums for doctors. See abstract of article: Medical Malpractice "crisis"
Two men were injured Monday in an auto accident morning when their landscaping truck was apparetly cut off by a tractor trailer on the Florida Turnpike. Joseph Pierre and Amos Joseph were in stable condition at Jackson Memorial Hospital after their flatbed truck crashed off an overpass Turnpike overpass. According to the Miami Herald:The truck swerved to the right and smashed through the...
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