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Tampa Personal Injury Blog

Strict liability applies in vehicle defect cases

Generally, when an injured party wishes to show that another caused them to suffer injuries or harm the injured person must demonstrate that the responsible party was careless or negligent in their actions. Negligence forms the basis of many Florida personal injury cases and implies that the injury-causing party's conduct did not meet the standard of duty or care expected of them at the time the incident occurred.

In some cases, though, a personal injury claim may not require a demonstration of negligence to be compensable. These cases are called strict liability cases and strict liability occurs when given a set of facts a person is liable for another's injuries even if the liable party did not or did not have reason to know their conduct may result in harm to others. Products liability cases involving vehicles tend to rely on strict liability so long as several important elements can be proven by the facts of the litigation.

Hands-free devices: Safer than handling a phone while driving?

Modern technology makes lives better and safer in many ways, yet sometimes, these conveniences are actually more dangerous when used in an inappropriate manner. For example, cell phones provide many benefits, yet when used by a person who is driving, they can be the cause of serious car accidents. In fact, phone-related distracted driving is a major problem in Florida and across the country.

In order to avoid holding a phone and participating in distracting activities, many drivers use hands-free devices. However, even with both hands on the wheel, these devices can be just as distracting as other types of activities. A driver whose mind is not on the task of driving safely is unfocused, distracted, negligent and a threat to everyone else on the road.

Poor property maintenance can lead to premises liability accident

Our readers have probably experienced a situation like or very similar to this: after parking their car and shopping indoors for a few hours they leave and find that it has gotten dark. They generally remember where they parked, but since some of the lights in the parking lot have gone out it is hard to see exactly where they are going. Maybe they make it to their vehicle without any trouble, but maybe they trip on a crack in the pavement of the lot, or slip on a patch of oil or water. Maybe in the darkness they do not see a step and fall when they are unable to catch their footing.

There are many ways that individuals can suffer physical harm when property defects and deficiencies present themselves to unsuspecting victims. Particularly in commercial settings, where customers are not only expected to visit but are invited to do so, property owners have duties to maintain the buildings and lots that they own with care and proper maintenance.

Man killed in vehicle collision while waiting with disabled car

An out-of-town driver was recently killed in a tragic vehicle collision in Florida. The driver's car suffered difficulties and came to a stop on the side of the road. The driver got out of the vehicle and was then hit by a moving vehicle that was traveling through the roadway. The individual who was driving the car that hit the victim did not stop to help and at this time police officers have not been able to identify that person.

The victim was taken to a local hospital but was not able to survive their injuries. As police continue to investigate this incident and look for leads that may provide information on the identity of the responsible hit-and-run driver the family of the deceased victim will have to begin the difficult process of making final arrangements for their lost loved one.

Overcoming the intimidation factor of liability with guidance

With the potential financial weight of medical expenses and a loss of income, suffering severe injuries could put you in a difficult position. Depending on the severity of your injuries, you might be looking at a long and challenging period of recovery, potentially spurring a need for financial relief to ensure your financial future stays intact.

Perhaps you believe a defective product is culpable for your current predicament. Although the process can seem somewhat intimidating, if you can prove that a manufacturer is liable for your injuries, you may be able to obtain some much-needed compensation.

College student killed in motorcycle-car accident

As Florida residents age, they often reflect on the carefree days they spent as youths. They may remember the freedom they felt from careers and families, and the enjoyment they derived from engaging in hobbies that they can no longer undertake in their older age. A young Florida college student will never have the chance to partake in this common form of nostalgia. His life was tragically ended in a deadly motorcycle-vehicle collision.

The 22-year-old student was riding his motorcycle on Fletcher Avenue in Tampa when a sedan made a left turn into his path. The motorcyclist applied his brakes and ended up tipping his motorcycle on the ground. The motorcycle slid and still hit the sedan, and the rider of the motorcycle died from his accident-related injuries.

How do dog bites fit into premises liability law?

A dog bite can lead to serious medical complications, depending on the severity of the injury the animal inflicts, or if the animal carries a disease. As animals are generally considered the property of their owners, when Florida residents are hurt by dangerous dogs, their negligence-based legal claims can fall under premises liability law.

Victims of dog and other animal bites should always make their treatment a priority, but may also choose to prioritize their legal rights, after seeking medical care. Personal injury attorneys can offer guidance on whether their injuries could be compensated through litigation.

A little fatigue can lead to devastating consequences

Like distracted driving, drowsy driving could have detrimental, catastrophic consequences. A negligent driver is a dangerous driver, whether that individual is dangerously drowsy, distracted or simply reckless. Any negligent Florida driver can be accountable for harm caused by his or her actions.

According to the Center for Disease Control, drowsy driving is a real threat to the safety of every driver in Florida and beyond. In fact, estimates suggest that one in 25 drivers have fallen asleep at the wheel at some point while operating a vehicle. Not only is it risky and dangerous, it can lead to consequences for innocent people, including serious injury or death.

Dangerous driving leads to fatal pedestrian accident at bus stop

Public transportation provides a useful and necessary service for countless people throughout the state of Florida. While some use buses, trains and other transportation services to get to work and school, others use public transit as an alternative to driving when taking a night out for fun. While public transportation can be convenient and efficient, it does require riders to exercise some patience as they wait for coming rides.

That is just what a group of individuals were doing when they were subjected to a violent accident at a Florida bus stop. The nine individuals were waiting for their ride when several cars drove off the road and into the sidewalk, where the victims were located. One woman who was struck by one of the negligent drivers died from her significant injuries. Others who were waiting for their bus rides were taken to local hospitals for treatment for their injuries.

Statute of limitations can toll wrongful death claim

After a fatal accident or incident, it can be a challenge for a Florida family to say goodbye to their deceased loved one and begin to move forward with their lives. They may not wish to linger on the facts and issues surrounding the death, so that they may find the time to heal from their suffering. However, as individuals work toward finding peace after the death of a loved one at the hands of a negligent party, the time during which they may pursue a wrongful death claim begins to toll.

In Florida, family members of a deceased victim have four years to file a wrongful death claim. If a family files a claim within this window, they may pursue their rights to compensation for their losses from the party or parties that caused their loved one to die. If, though, they do not file the necessary pleading within this period, they may lose their opportunity to engage in wrongful death proceedings.

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