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A Closer Look At Amusement Attraction Personal Injury Law

A Closer Look At Amusement Attraction Personal Injury Law When most people think of Florida, a lot of things come to mind – sun, beaches, beautiful people, and more. But for many, amusement parks will certainly be on the list of things that the state is known for. From roller coasters to water slides, there are a ton of things here to see and do, and it’s easy to create truly magnificent memories in the state.

But what happens if you’re injured on a slide or ride? It’s rare, but does happen. Over the summer of 2016 alone, a woman died in Delaware after a fall from a zip line while a ten year old boy was killed on a water park slide in Kansas. This is where things can get complicated, and understanding more about personal injury law as it relates to injuries sustained at an amusement park is something worth doing.

These kinds of accidents fall under premises liability law, which in Florida is already very complex. With these types of injuries a few things must be understood:

The inherently risky nature of thrill rides means that you’re accepting some measure of... read article

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Michael J Babboni

Mobile Technology And Property Injuries

Mobile Technology And Property Injuries Mobile technology is evolving constantly, and already it is changing everything from the way we play to the way we work. However, one additional thing that it’s beginning to change is the way that property owners regard premises liability law. In particular, things like augmented reality gaming have begun to draw a lot of attention – not just of mobile users, but of property owners as well.

Leading this charge is Pokémon Go, the mobile augmented reality game that everyone seemed to be playing over the summer. It’s still wildly popular, and new updates are being released constantly for the game. At its core, the app tasks players with travelling around their neighborhoods and looking for Pokémon – mythical creatures that they then capture, train, and use to battle for control of area ‘gyms’.

But while that’s great fun, what does the game – and augmented reality in general – mean for property owners? The big concern comes from the recent news reports of players being injured while playing the game. While staring at the screen of their phone, players are walking into obstacles, stumbling off ledges,... read article

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Michael J Babboni

Premises Liability And Pokémon Go

Premises Liability And Pokémon GoOver the summer, the country exploded in a wave of gaming enthusiasm as the mobile game Pokémon Go was released to the public. Based on the collectible card games and Nintendo video games, the idea behind it is simple – users utilize their mobile device to chase and catch imaginary creatures around their neighborhoods, then have those creatures battle one another for control of hotspots known as gyms.

The game uses the cameras and video screens on a phone in a system known as augmented reality. And while it’s brought big business to Niantic, the creator of the game, and while the augmented reality system is exciting thanks to the potential the future holds, it’s also brought about a new, and surprising issue within the country.

Specifically, players aren’t playing safe. Distracted as they watch their phone’s screen, there are numerous issues that have arisen as a result of the game including:

Auto accidents brought on by people driving and playing the game
People walking into traffic or off of ledges due to ignoring the world around them
Robberies – thieves have set up at Pokémon Go hotspots and robbed players

In short,... read article

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Michael J Babboni

Adventure Activities And Accident Law

Adventure Activities And Accident LawFlorida is a vacation destination for millions. Whether it’s a day at the beach, a trip the amusement park, or just some shopping and dining, there is plenty to see and do here. But what about the many adventure activities? Zip lines, parasailing, jet skis, and more are all present throughout the state as well, and taking part in these activities can create some great memories.

But they also bring very real risks. In August, a 59 year old woman died after falling from a zip line ride. Over the summer, a teen boy was killed on the tallest water slide in the world. While the risk may seem low, there are very real dangers associated with these activities. And just participating in them means that you’re accepting that risk – under Florida law it’s assumed that thrill seekers are reasonably aware of the risks associated with what they’re doing. As such, much of the responsibility for your injuries and safety will rest with you.

So are they worth doing? Absolutely, if you’re interested in thrills and having a great experience. But you should also be aware of a... read article

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Michael J Babboni

The Importance Of Having A Slip And Fall Lawyer On Your Side

The Importance Of Having A Slip And Fall Lawyer On Your SideFlorida is the sunshine state, and it’s filled with fun that can be enjoyed by anyone. No matter what you’re interested in, there really is something here for everyone and it only takes a little effort for visitors as well as residents to experience a great day.

But if you’re injured due to a slip, fall, or other injury on someone else’s property it can put a serious damper on your happiness. Injuries can impact you physically, emotionally, mentally, and financially. That last point is where seeking compensation comes into play, and showcases just how important it really can be.

Injuries can be expensive. Consider the numerous ways that they can impact your financial health:

Loss of wages due to time away from work
Medical bills
Medication costs
Physical therapy costs
Insurance related issues – especially if you have to get different coverage later

And to make it worse, as the medical bills pile up, other bills don’t simply vanish. You can be left with a large, growing amount of debt that is difficult to climb out of and that is caused directly by the negligence of someone... read article

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Michael J Babboni

How An Attorney Helps Your Recovery After An Accident

How An Attorney Helps Your Recovery After An Accident Florida is beautiful, but it’s also very busy. Our roads see a tremendous amount of traffic every year, with more than 20 million living in the state and millions more visiting every year to take in the beaches, amusement parks, and other attractions. And that huge number of automobiles on the road means that no matter what steps are taken, accidents will eventually happened. Sadly, being involved in an automobile accident can have a tremendous impact on your life.

Recovery can be difficult, and could involve everything from physical therapy to counseling and beyond. While medical professionals will be vital in your total recovery, there’s another group of people who will impact it as well – personally injury lawyers. An accident attorney may not seem like someone who will influence your recovery after an injury, but they can be in many ways.

If you’re not convinced, just take a few minutes to review some of the many ways that this is true.
Financial Recovery
While physical and mental recovery are the two things that will likely take up most of your energy during your healing, what... read article

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Michael J Babboni

Understanding More About Settlements Following An Accident

Understanding More About Settlements Following An AccidentWhen you’re involved in a Florida accident, it can throw your entire life into chaos. After all, not only do you have to try to recover physically and mentally, but you have to do so while coping with large financial burdens that can occur as a result of injuries. From medical bills to lost wages, those financial burdens are made all the worse due to the existing bills that continue to pile up.

For many, those financial burdens are exactly why a settlement offer will be so enticing. In these settlement offers, you’ll be given the chance to gain a lump sum of cash as long as you agree that you relinquish all further rights to seek additional compensation.

But is it worth it? The answer is that sometimes it can be, but the key is making sure that you take steps to ensure that you’re getting a settlement offer that is fair. A personal injury attorney will be key in doing so. However, learning a bit more about why that is and about settlements and how they fit into post-accident recovery is important.

The first thing to... read article

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Michael J Babboni

Pokemon Go & Your Property Risks

pokemon-go-&-your-property-risksTechnology has done some amazing things for our quality of life, such as letting us carry our entire music collection in our pocket, or drive cars that use no gasoline. But for every new improvement to our quality of life that technology brings, it can also complicate things. “Cyberbullying” was not something children of the 20th century had to deal with, but children today certainly do. And a new game, Pokemon Go, is treading into unhazy legal ground with questions about the legal rights that property owners have when people trespass into their property because a game encourages them to do so.
Pokemon Collecting
Pokemon itself is a Japanese import. This was an incredibly popular animated series and videogame based around the idea that fictional animals, called, collectively, Pokemon, could be captured, trained and then eventually used in friendly fights against other Pokemon. In both the cartoon and the game, “Pokemon Trainers” traveled the world seeking out Pokemon to befriend and raise, eventually going on to win competitions with their new animal friends.

This year, Pokemon made a return in a surprising new form. As mobile game that is now available on phones, people... read article

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Michael J Babboni

When Your Phone Explodes, That’s Not Your Fault

When Your Phone Explodes, That’s Not Your FaultNegligence, while not usually thought of as a criminal act, can still lead to a lot suffering and injury, which is one of the reasons why people can be taken to court for it. Negligence is when a person or group has a basic responsibility or duty they are obligated to maintain and fail to do it, with no acceptable justification.

Negligence is derived from the word “neglect” which simply means to ignore, or not pay attention to something. So an act of negligence means that a mishap or injury occurred because someone was not doing their job properly and paying the minimum amount of attention required.

In some cases, this can lead to a minor inconvenience, such as not getting the food you ordered at a restaurant. In the case of the Samsung Galaxy S7 smartphone, however, it means suddenly finding that not only has your phone burst into flame, it is burning whatever area you placed it in along with it.
Defective Products & Threats
When a toy, food, automobile or any other product has a persistent flaw that makes itself known regularly, this is called... read article

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Michael J Babboni

Waivers Are Not Foolproof

Waivers Are Not FoolproofAnyone that’s ever participated in a physical activity where there is some risk of injury is probably familiar with the process of signing a waiver. A waiver is a contract that a person voluntarily signs that protects a service provider from the danger of a lawsuit should the person signing the contract suffer an injury. In other words, by signing a waiver, whether you are aware of it or not, the waiver itself states you agree to “waive” any right you had to suing someone in the event that something bad happens.

But is that actually the end of it? Once you’ve signed the waiver, have you surrendered all your legal rights? The answer, fortunately, is “no,” but there are a lot factors in play that determine when a waiver protects a service provider and when it doesn’t.
Reasonable Risks
On the one hand, waivers are very good at protecting companies and services from what might be considered reasonable risks. Many gyms and fitness centers around America, for example, require members to sign a waiver, as lifting weights, participating in aerobics or other exercise classes, or using any number of training... read article

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Michael J Babboni

The Carnival Is Regulated But Disney World Isn’t

The Carnival Is Regulated But Disney World Isn’tWhen a local fair comes into the area with carnival rides like merry go rounds, roller coasters, “tilt-a-whirls” and other attractions, one of the things people in St. Petersburg can do is know that they have the full legal protection of the state behind them. When it comes to carnival attractions, all rides are under the regulation of state law that requires that they must answer to the state and pass state inspection for safety and operation before the attractions can be made available to the public. With these small scale playgrounds of fun, Florida law has citizens’ safety at heart.

You’d think that because these smaller attractions are so rigorously maintained and supervised by the state, things would be even safer and more regulated for much larger operations, such as Disney World, Universal Studios and the many, many other large family amusement complexes that have made Florida such a magnet for tourists.

And surprisingly, you’d be very wrong.
Responsible For Themselves
As Florida in general—and Orlando in particular—took on a greater role in the world stage for having many large, amusement park attractions, a law was passed... read article

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Michael J Babboni

What To Expect Following An Auto Accident

What To Expect Following An Auto AccidentWhen you’re injured on Florida’s roads, it can leave you struggling to pick up the pieces of your life and move on. After all, the serious financial burden that injuries can place on a person mean that full recovery is often very difficult to achieve.

That’s why contacting a personal injury attorney is so important – they can help you in the days and weeks following your accident. But what can you expect to occur, exactly? Knowing the basics of what might happen after your accident can help you understand more about why you need a Florida auto accident lawyer and what steps you can take to help them.
After The Accident
If you’re injured in an accident, the first step should be to get the medical treatment that you need. Under Florida law you only have 2 weeks to seek out medical attention. Waiting any longer means that you essentially eliminate the ability to turn to your own PIP coverage for assistance.

There are several other steps to keep in mind as well that can help you protect your rights following your injuries.

Keep records of everything. The more... read article

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Michael J Babboni

There’s Always A Risk With Extreme Activities

There’s Always A Risk With Extreme ActivitiesLife is all about choices, and fortunately, in America, we are blessed with having a great many choices, especially when it comes to things like how we decide to shape our future and, if you live in Florida, how you’re going to enjoy yourself. Thanks to the mild weather we experience in this part of the USA, we can enjoy many outdoor activities all throughout the year. This includes what are considered “extreme sports” activities such as zip lines or para sailing that include an extra level of tension and adventure.

And this is where problems can come in. While every American business is predicated on giving customers what they want, sometimes what customers want can entail big risks they may not be aware of, or, for some reason, think won’t happen to them. “Extreme sports,” are activities that place average Americans in extraordinary experiences. Parasailing, for example, drags customers by motorboat through the water, until enough speed has built up that the parachute they are wearing lifts them into the air. Ziplines are another activity, where what was once used to cross huge gaps by... read article

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Michael J Babboni

Slipping & Falling Is Also About The Owner Knowing

Slipping & Falling Is Also About The Owner KnowingOne of the areas that The St. Pete Lawyer specializes in is the types of injuries and compensation that are occur when someone slips and falls. To many on the outside, this might actually seem like a very simple and straightforward legal practice. In theory, those people on the outside should be right, and it should be a very simple legal procedure. If you are walking in a store, hotel, amusement park, or some other area, and you should slip, trip, or otherwise fall and injure yourself as a result of something on the property causing you to lose balance, you’re clearly not responsible for that.

Under ordinary circumstances, this would be the responsibility of whoever made the mess, or whoever failed to clean it up. But in Florida, things work a little differently, and this is why the help of an accident lawyer is essential if you know you were wronged in a slip and fall injury. You need to prove what is known as “constructive knowledge.”
Gross Negligence At Work
Constructive knowledge is one of the key concepts that need to be proven for... read article

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Michael J Babboni

The Pedestrian Does Not Always Have The Right Of Way

The Pedestrian Does Not Always Have The Right Of WayThe sad truth of the matter is that when it comes to physics, might makes right. In a contest between a person walking across the road, and a car propelling itself down that same road, when the two make contact, the speed and weight of a car is always going to win against a human being. Someone getting hit by a car is always going to be worse off physically than the car.

However, as tragic as any injury is to a person during an automobile accident, there’s one thing that needs to be cleared up immediately, especially for the purposes of a clear, final legal resolution. Fault needs to be assigned and, surprisingly, it is not always 100% with the driver.
Negligence Goes Both Ways
While physics will always rule in favor of the car when it comes to car versus person, the same is not always true in a lawsuit. There’s no doubting that the sheer physical power of an automobile always makes it a danger to a human being when two confront, and this is why drivers are always taught that the... read article

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Michael J Babboni

Who Is At Fault In An Accident With A Self-Driving Car?

Who Is At Fault In An Accident With A Self-Driving Car?In February of this year, we got a glimpse of the future of auto accidents when a self-driving car that was being tested in Mountain View California got into an accident. This in itself, is not notable, as self-driving cars have been involved in fender benders before. However, as the data from the car itself proved, those accidents were never the fault of the car, it was usually the other drivers, ignoring traffic signals.
This time, however, was different. The self-driving car, having encountered an obstacle on the road of sand bags acting a barrier to an open storm drain, moved to the center lane to avoid the obstacle. A few seconds later, it hit the side of a bus. In this specific instance, the fault is with the car, as the car’s programming assumed the bus would give it right of way, and that didn’t happen.
This brings up an interesting question. In a case like this, if the accident is the fault of the car, then who is actually to blame? There’s no human driver, so the driver can’t take responsibility.... read article

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Michael J Babboni