Although Black Friday sales have come and gone, many people will spend the next few weeks searching for the perfect gift to give that special someone in their life. The wish list of children have grown over the months, and parents do everything in their power to meet the demands. However, with so much going on like cooking, cleaning, and spreading holiday cheer, people can forget to look at reviews or recall information. They splurge and spend money on the items without ever realizing that it poses an injury risk to the recipient. Of course, acting in this manner is how it should be, because when products hit the market, they are deemed to be safe for consumers to use.
Have you or a loved one sustained an injury from a defective product in St. Petersburg? If it can be proven that the manufacturer acted negligently, you may be entitled to compensation for damages. Settlement amounts are determined by various aspects including...
• Current And Future Lost Wages
• Punitive Costs
• Pain And Suffering
• Current And Future Medical Expenses
Our accident attorney, Michael Babboni, has practiced law in Florida since 1987. He brings... read article
Whenever a person hears the words slip and fall in the same sentence, a variety of different images likely pop into their head. One thought involves the Life Alert commercials, with the lady fallen and unable to get up, while the other is a person pouring liquid on a floor, laying down in the solution, and yelling for help. Personal injury law has gotten a bad rap over the years because of certain individuals trying to take advantage of the legal system, which is why a defendant's attorney works so diligently to discredit the claim. These types of acts make it harder for real victims to obtain compensation for their damages. However, putting a proven, professional lawyer on your side can be beneficial to the cause.
Slip and fall accidents are covered in Florida by premises liability. This phrase basically means that it has to be proven that the incident became caused by negligence or recklessness. As you might imagine, determining fault is not always the easiest of tasks. Think about the liquid on the floor example for a minute. If the manager and employees are unaware of the situation, the store may... read article
Most of us have only seen truck rollovers or collisions in the movies, and we prefer to keep it that way. Unfortunately, not all drivers are so lucky, and they have dealt with these happenings up close and personally. Our society relies on trucking companies to keep products readily available for consumers, but still, most drivers can't stand to be next to the vehicles on the highway. People have their reasons, but these feelings usually stem from traditionally sized passenger vehicles being minuscule when compared to 18-wheelers. These machines are built to carry heavy machinery, timber, and virtually anything else that can be loaded onto a trailer. However, an improperly loaded truck is a recipe for disaster. Common issues that lead to accidents include...
• Worn-out straps of inadequate strength
• Loads that exceed the vehicle's limit
• Improper maintenance
• Shipments that are not properly balanced
Wrecks involving trucks can be some of the most unforgiving kinds. They happen for countless reasons, but the most common one is fatigued driving. When a person becomes sleepy, or their reflexes unalert, swerving between lanes is a real possibility. Other cars and even pedestrians in the... read article
Contracts are a common part of doing business in America. Service contracts are especially common between leases, service agreements, and nondisclosure documents. Nowadays, there’s a contract for almost anything including recreational activities. These contracts often contain a section called a liability waiver. Liability waivers are a legally binding contract that lifts the liability of the company providing the service in the case of certain circumstances. Liability waivers don’t seem like a big deal, but if you are injured in an accident, you may be signing away your rights to compensation.
What Is A Liability Waiver?
A liability waiver is often referred to as the “fine print” of a contract, because they are deliberately written in small type and contain complex legalese that the average person does not understand. A liability waiver is basically an agreement between you and another party that relieves the other party of any responsibility for injuries that would normally fall under ordinary negligence. Liability waivers function to serve two purposes. The first, is to relieve the party of any injuries caused by ordinary negligence, even catastrophic injuries. The second, is to provide written proof... read article
When you are bitten by someone else’s dog, your injuries can be very severe. Dog attacks are sadly common and account for our one third of all homeowners insurance claims. However, dog bite laws vary from state to state, making this a difficult claim to understand. In the state of Florida a dog owner can be held liable if their dog attacks you, so you can file a claim with their insurance and receive compensation to pay for your injuries.
How The State Of Florida Defines Liability
According to Florida statute 767.04, a dog owner can be held liable for a dog bite: “The owner of any dog that bites any person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, is liable for damages suffered by persons bitten, regardless of the former viciousness of the dog or the owners’ knowledge of such viciousness.” However, since Florida tends to be a split liability state when it comes to accident injuries, the law also states: “However, any negligence... read article
There are many serious injuries that can occur after an accident. One of the most common is the soft tissue injury whiplash. Sadly, many people underestimate the severity of this painful injury because of pop culture references that infer whiplash is not a serious condition. These myths are so pervasive that doctors now refer to whiplash as “cervical sprain”, “cervical strain”, and “hypertension injury.” However, regardless of what people think, whiplash is a very serious and painful injury that can interfere in your normal life.
What Is Whiplash?
Whiplash is an injury happens when your neck is suddenly whipped back and forth after an impact. The most common cause of whiplash is rear-end car accidents, but slip or trip and falls, as well as blows to the head from sports or assault can also cause whiplash. Whiplash can cause injury to the vertebrae in your neck and back and the soft tissue of the muscles and ligaments. Whiplash injuries aren’t always immediately recognized after an accident and they can become very painful over time. Many people don’t realize they have whiplash until weeks, and sometimes... read article
When it is time to pursue a settlement for your injuries, you will have many options in front of you. One of the most common options is binding arbitration. Binding arbitration is a type of settlement negotiation between two parties. It is a method of dispute resolution that avoids court, but is as legally binding as a judgment. If you’ve been injured in an accident you may want to consider binding arbitration as an option for your settlement. Here are the pros and cons of binding arbitration so you can decide if this method of resolution is right for you:
Pro: Binding Arbitration Saves Money
Unlike the court process, the arbitration process does not require the time consuming and expensive period of discovery to prove your claim. There are also no associated court fees, arbitration can save you a lot of money.
Con: Binding Arbitration Still Costs Money
Even though the costs are less than court fees, arbitration can still cost money. There are some associated administration fees which range depending on the length of the case and potential settlement amount.
Pro: Binding Arbitration Saves Times
Taking an accident claim... read article
The most popular tech gadgets from the 1980’s movie Back to the Future have made their appearance in recent years. Though the pump-up sneakers were fun to try, nothing was as highly anticipated as the creation of the hoverboard.
Hoverboards today aren’t quite the same as the ones that Marty McFly cruised around on in the movies, but they were certainly popular enough for many people to purchase when they first came out. Sadly, there were many problems with some of the early hoverboards that caused injury and even death to some of their owners. The lithium batteries in many of the hoverboards were known to overheat and catch fire.
2 children in Pennsylvania were killed as a result of a fire that ripped through their home when the hoverboard exploded into flames. In 2016, over 500,000 hoverboards were recalled for the defective batteries. Though hoverboards are still available today, they are not as popular as they were when they first became available. Their speed often tops out at 13 mph on a high-end model, so they are often not as... read article
It was a nice day while it lasted. The Florida sun was shining, the air was fresh and warm, and you were really enjoying that long walk that your doctor suggested you take. Just as you stepped off the curb into the crosswalk, it all went black. You didn’t have a clue what happened until you woke up in the hospital and that’s when the tragedy really began.
Pedestrian accidents are quite common all over the world and Florida sees more than its fair share of them. The most common age groups who are most involved in accidents as pedestrians are those who are over the age of 70, or between the ages of 5 and 9. People who are under the influence of alcohol also find themselves on the unfortunate end of a pedestrian accident.
Injuries can be as minor as a few scrapes, or as severe as death. Common injuries include broken bones and head trauma. There can be, however, a host of problems that occur for anyone who is struck by a motor vehicle as a pedestrian. These injuries can cause a... read article
When all you want to do is go out to eat, but the piece of greasy bacon on the floor has other plans. When you’re excited about Holiday shopping at the mall, but the rain-soaked floors sidetrack your spirit. When the movie you’re about to see looks like an Academy Award winner until the overturned soda left by the previous patron dashes your hopes.
What do all of these scenarios have in common? They all started out with someone who has good intentions to do something that gets thwarted by the negligence of someone else. They are all incidents that involve slip-and-fall cases.
Slip and fall cases are very common. Sometimes people get lucky and merely take a tumble without getting hurt. Other times, there can be injuries that are devastating, painful, and require much more than a Band-Aid. The Slip and Fall Statute has changed in recent years, so if you have been a victim of greasy bacon or a soda spill and become injured as a result, you’ll need the advice and assistance of a law firm who knows these changes and... read article