Archive for the 'negligence' Category

Rear End Collisions: When is the law not the law? When there’s an exception.

Wednesday, February 17th, 2010

I have heard a good number of people proclaim that in a rear end collision, Florida law says it is the the rear driver’s fault. That statement contains seeds of the truth but is not entirely accurate.
In a rear end car accident, Florida law imposes a presumption that the rear driver is at fault. This [...]

This Just In – Hospitals Have a Legal Duty to Keep Dangerous Drugs From Known Drug Thieves

Tuesday, January 12th, 2010

In November of 2009, Florida’s First District Court of Appeals ruled that Shands Teaching Hospital had a legal duty to protect Michelle Herndon from Oliver O’Quinn, a surgical nurse with a history of stealing controlled substances. O’Quinn murdered Herndon by injecting her with dangerous drugs. Propofol, Midazolam and Estomidate are available only by prescription.
At the [...]

The Burden of Proof in Florida Injury Law

Friday, November 13th, 2009

If you’ve been injured and become involved in a lawsuit, you’ll have many questions. It’s only natural. One of the questions I have been asked is whether I think that I can prove the defendant guilty beyond a shadow of a doubt.
That question raises several interesting topics about the burden of proof in civil jury [...]

Your Freedom Ends Where It Begins To Impinge On My Freedom

Tuesday, July 21st, 2009

(If you’re short on time, skip to the last paragraph for a paradigm shifting experience)
Your freedom ends where it begins to impinge on my freedom. It’s one of the pilars of our legal system. You are free to do many, many things in America. But when the freedom our laws provide to you begin to [...]

Highway Death Highlights Importance of Uninsured Motorist Coverage

Wednesday, April 8th, 2009

I’ve blogged about highway deaths before and I’ll surely blog about them again after this. They almost all remind me about the importance of under/uninsured motorist coverage. Most of the car accidents I read about are caused by someone driving very recklessly and those people don’t strike me as the kind who are likely to [...]

Where Valid Legal Claims Go To Die

Tuesday, April 7th, 2009

Our legal system is designed to serve justice. That term can be nebulous and differs according to age, race and other demographics. But suffice it to say, our legal system is not perfect and does not administer justice in every case.
Decide for yourself if that is the situation in the following instance. Some will surely [...]