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Tampa Personal Injury Blog

How is an attractive nuisance a dangerous property condition?

Children have a unique way of making seemingly benign objects dangerous through their creativity and general lack of regard for safety. In some cases, a Tampa adult may not recognize the hazards a particular property condition presents until a child demonstrates those dangers. However, in other cases, a dangerous property condition, though unappealing to adults, may lure children to it and subject them to serious threats to their health and well-being.

A hazardous property condition that appeals to children and may pose them harm is often termed an attractive nuisance. Property owners, whether of commercial, residential real estate or land, generally have a responsibility to eliminate such threats from their property to keep children safe.

You deserve more than the minimum after a car accident

Drivers are only required to carry a minimum of $10,000 in property damage liability and a minimum of $10,000 in personal injury insurance coverage in order to operate a motor vehicle here in Florida. To make matters worse, some drivers don't even bother to have that coverage. In a serious accident, that amount may not even cover your medical bills. When you add in the income you could lose during your recovery and other damages, this amount is woefully inadequate.

That's why insurance companies offer uninsured/underinsured motorist coverage. You might think your insurance company is simply trying to jack up your rates, but in reality, this coverage could save you from potential financial ruin after a collision.

Qualified truck drivers possess commercial drivers' licenses

Florida residents of a certain age, who pass written and operative tests, are allowed to obtain drivers' licenses that permit them to drive. However, a private drivers' license is not a free pass to operate any vehicle that contains a steering wheel. Commercial vehicles, such as big rigs, buses and tank trucks, require their drivers to hold special commercial licenses that are subject to their own testing mandates.

The requirements for possessing a commercial drivers' license are federally mandated. Such licenses can be obtained through state-run Departments of Motor Vehicles. According to the Federal Motor Carrier Safety Administration, a person interested in getting a commercial drivers' license should start by obtaining a manual on the license, and then pursuing a commercial drivers' permit. Like a private learners' permit, a permit for commercial driving only allows a commercial driver to operate a large vehicle, while under the supervision of a fully licensed commercial driver.

Two vehicle collision results in fatal car crash

The circumstances of a recent South Florida two-car crash accident are unclear, but the results are painfully apparent: two people were thrown from vehicles and killed. The accident happened in the early hours of the morning in Pembroke Pines.

Investigators believe that the driver of one vehicle collided his car with another vehicle, causing the hit car to leave the road and enter a ditch. During the impact, it appears that the driver of the first vehicle was thrown out of the car and into the road, where other vehicles traveling in the area hit them. That driver was killed, as was a passenger in the hit vehicle who was also thrown out due to the accident.

When an airplane ride wasn't the safest way to travel

Experts say that flying remains the safest way to travel, but when a crash occurs, the devastation is often catastrophic. Even though only about 20 percent of airplane crashes involve fatalities, serious injuries often occur that require lengthy recovery times. This often means significant medical bills, time off work and other disruptions to your life.

Obviously, you weren't responsible for the crash, so someone else bears the responsibility. Making that determination requires a thorough investigation. Agencies like the National Transportation Safety Board investigate crashes, and even their investigators sometimes have difficulty distinguishing between a defective or malfunctioning part in the wreckage.

Does Florida have a wrongful death statute?

In a word, yes. The Florida legislature has enacted a wrongful death statute that is codified in the state's laws. The intent of the statute is to take the financial burden of managing a fatal accident victim's final needs off their family, and place it on the party or parties that caused the victim to die. This post is a general overview of this important personal injury law but it is not legal advice.

Many relatives may sue a responsible party for the losses they have sustained after the death of a loved one. Particularly, the right to sue attaches to the victim's parents, spouse and children who are under the age of 25. Other relatives who relied on the victim for financial support may also be able to sue in their name, but specific cases should be reviewed with personal injury attorneys.

A dangerous product may result in a serious consumer injury

It can take years for the manufacturer of goods to develop and release a product for consumer use and consumption. During that time, the manufacturer may take the product through various iterations, refining its design and improving its usability to increase its likelihood of being bought. During that time, manufacturers also often look for ways to ensure their products comply with consumer safety standards.

While many of the products that come into the hands of Tampa residents pose no threats when their manufacturers use them as intended, some suffer from latent defects can cause serious injuries to the consumers who buy them. When a consumer uses a product as it was intended and suffers an injury, as a result it is possible that the product suffers from a defect that may impose liability upon its manufacturer.

Negligence can take on many forms during a car accident

Personal injuries often result when someone, either the victim or another person, engages in negligent behavior. If a person acts negligently and causes their own harm, they generally do not have the right to recover their damages, as there is no one but himself or herself to blame. However, if a Tampa resident is hurt because of the carelessness or lack of regard of another person or entity, then that victim may be able to sue for their damages and recover their accident-related costs.

Negligence is often the cause of the many car accidents that plague Florida's highways and roads. It occurs when a person fails to act, as a reasonable person would give the circumstances present at the time of the crash. If a person acts as a reasonable person would, then they may escape liability for a vehicle collision and its resulting injuries. If, though, the individual is found to have acted irresponsibly or outside of the expected way a reasonable person would act, then they may be responsible for their victims' losses.

Who's the bully? The dog or its owner?

The love of dogs is far-reaching in Florida and across the country. There seem to be fewer places where dogs are not welcome and pampered. Nevertheless, this unconditional affection does not always extend to all breeds. Even as many households love and treat their dogs like children, certain breeds stir contempt in some hearts.

If you have recently suffered injuries from a dog bite, you may be less concerned about the breed of the dog than you are about getting well. However, the breed of dog that attacked you may play a very important part in your legal rights.

Who is to blame if I get hurt on a leased property?

Premises liability law generally allows an injured party to sue the owner of a parcel of land or real property, where the injured party suffered their harm. However, as many Tampa residents know, not all individuals own the properties in which they live. A number of people rent houses, apartments and condos from others.

A big question arises when a victim is harmed at a rented residential property. This is because the owner of the property is not in possession of the property at the time the injury occurred. Rather, by creating a landlord-tenant relationship with the party to whom the property was rented, possession of the property passes to the party or parties paying rent.

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