There’s the old saying that “a man’s home is his castle,” and in a legal sense, the state of Florida recognizes a homeowner’s “sovereign rights” when it comes to their own home, and their ability to protect it. As to be expected, while it may normally be a crime in America to pull out a firearm and shoot someone else, things become very different with a home invader attempting theft or something worse in a person’s home.
However, while different rules apply when it comes to the uninvited entering your property, there are limits to just how far you can go to defend yourself and your land. In some rare instances, a homeowner may find him or herself on the receiving end of a lawsuit depending on the circumstances.
The Attractive Nuisance Law
The first and most common instance of a trespasser being able to sue a property owner is when it comes to children, and an aspect of Florida law known as “attractive nuisance.” This means that if you have some aspect or fixture on your property that may naturally attractive to children, such as a swimming pool or... read article
Neighborhoods will be packed from curb to curb with little ghouls and goblins on Halloween night. There is only one thing on their mind, which is candy, so it is up to parents to keep them safely out of harm's way. Various injuries can become sustained in a variety of different ways, causing the festive occasion to become a real nightmare, and recovery costs can get out of control. If it can be proven that another party's negligent act is to blame for the damage, victims might be entitled to fair compensation. If an instance like this happens while trick-or-treating, contact the St Pete lawyer to schedule a free case review that will determine if your claim has a chance of success. However, we want to see everyone healthy and happy in St. Petersburg, while having a good time, so utilize these tips and stay safe.
Helpful Hints And Tid-Bits For An Injury-Free Night
1. Wear reflective and bright costumes or accessories.
Orange, black, purple, or other dark colors pave the way for Halloween costumes and party decorations alike. Therefore, we... read article
The never-ending screamfest on tv, non-stop spooky decorations, and countless types of candies available at stores can mean only one thing. Halloween is upon us and it has promises of adrenaline pumping, and toe-curling fun, lurking around every corner. Of course, not everyone is all about thrills and horror, but St. Petersburg residents that are, often set out in search of the perfect night of heart-racing, gut check moments. Costume parties are a familiar scene, as they offer friends and family members the ability to bond, and if the people are old enough, perhaps even get a little tipsy.
Government officials, teachers, parents, and everybody else, have been preaching the dangers of driving while intoxicated for years. However, the trend has continued, and people receive injuries from the instances every day. Before heading out for the evening, make a plan to have an Uber, Lyft, or taxi take you home if you are going to drink. Set your course to take advantage of the city's bus services, or just have a designated driver for the splendid occasion. In many wrecks... read article
As a personal injury law firm, we have seen some gruesome and terrifying scenes. Halloween, Thanksgiving, Christmas, and New Years are all right around the corner. People begin venturing away from their homes, more often than usual, in search of the perfect gift, just to visit family and friends, or even to attend parties and events. The increased spending is greatly appreciated by the St. Petersburg economy, but the expanded traffic presence in the area contributes to an increased risk of drivers becoming involved in a crash.
Minor to severe injuries can be sustained by drivers, passengers, pedestrians, and even emergency personnel attempting to rescue people on the scene. Common damages from wrecks that can leave you in need of an accident lawyer include, but are not limited to...
Traumatic Brain Injuries
Broken Bones, Lacerations, And Contusions
Temporary, Partial Or Full Paralysis
Burns Of Different Severities
Don't fret if you or a loved one has experienced one of these issues in St. Petersburg. Contact our office at 727-381-9200 for a free case review. You... read article
Spending time with the family and friends, watching countless hours of football on television, and filling your belly till you can't possibly eat anymore are some of the best things to look forward to during this time of year. People are finally able to get time away from work to have everyone over for the big occasion, and if all goes according to plan, it turns into a cherished memory that will be remembered for years to come. However, having the additional traffic at your home puts you at a higher risk of someone sustaining a personal injury on your property than usual. Not all accidents are avoidable, and some things just have to be chalked up to fate, but inspecting and making repairs can be beneficial to the cause.
If another party becomes injured on your property, they may seek legal action against you to compensate them for such damages. Compensation is calculated through various factors like medical expenses, loss of wages, mental anguish, and even punitive damages. It may also include future... read article
With so much talk about distracted driving, could adding another device to your driving routine be beneficial? Dash cameras come in various shapes, sizes, and styles. Some models promise to do this, and others promise to do that, but the choice depends entirely on the driver's needs and wants. Extensive research should take place to ensure that the camera provides crisp, clear video, but extra attention should be given to the on/off capabilities of the display, or lights that might stay lit during operation. Most cams are inconspicuous and offer a simple plug and play design that can only be installed and forgotten. However, if the display stays illuminated at all times, or something else on the unit distracts driving, a car crash can occur.
Have you or a loved one been injured in an accident in the St. Petersburg area? If you answered yes, and believe that you are owed compensation for the damages, contact our office for a free case review to see where your claim stands. Dealing with insurance adjusters and... read article
Florida offers some of the supreme NCAA football games during the season on every Saturday. Whether you are a fan of a big or small school, there is usually something for everyone to enjoy. The student-athletes put in the time, effort, and heart to become successful and find their way onto the radar of NFL clubs. If they are one of the lucky few, a team will draft or sign them to their active roster. Agents, friends that have lost touch, and various other people will start contacting the players in hopes of riding their coattails to success. Numbers, complicated jargon, and the fine printing of contracts start flying in from all directions, and the entire process is somewhat intimidating and confusing to say the very least. However, choosing the St. Pete Lawyer to represent you in the matters can make them less stressful and overbearing, while serving your best interests.
Ways That Professional NFL Representation Helps
1. Concentrate on your game and let us do the heavy legal lifting.
Professional athletes get paid to play the game, that... read article
Whenever a consumer purchases an item they assume that the product is safe, and that it will add convenience to their life. However, what they do not expect is for an injury, or death, to be the result of using the merchandise. Manufacturers take on the responsibility of making sure that their goods are ready for consumers on the open market, and not all defects are due to negligence. Sometimes, these malfunctioning products just do not get pulled from the store shelves quickly enough.
Still, product liability refers to the manufacturer being held liable for the consumer receiving the defective goods. If you, or a loved one, have sustained an injury from one of these devices, contact our office at 727-381-9200 to schedule a free case review. Our attorney will perform an in-depth consultation with you, and if it is determined that there are grounds for the wrongful death or personal injury case, they will get to work formulating a plan that has the best chance at winning results.
Defective Product Examples That Cause Wrongful Deaths
There are a lot of moving parts that are essential for... read article
Dogs are man’s best friend. They are furry companions who offer unconditional love and support to their owners without asking much more than love (and food) in return. These days, dogs seem to be everywhere, from airplanes to grocery stores. While this can be a beneficial thing for those who need their dogs to get around, it can be a dangerous thing for those whose dogs are not trained for such public outings.
There is a difference between the family pet and a dog who has had extensive training to be certified as a therapy dog. Trained dogs are common helpers to those who are visually impaired, or have another type of need. They have gone through the proper certifications and they are often well-behaved and seen as safe.
Every Dog Is Different
Just as every person is different, so is every dog. Those who are not properly trained might not be comfortable with these public outings, and even those who are can get a case of the jitters when exposed to unfamiliar sights or sounds. Even the best behaved dog can nip at an unfamiliar hand that... read article
Losing a loved one is never the most straightforward task to deal with, and when another party is to blame for the death, it becomes even more difficult. Aside from the common emotions associated with mourning, new feelings are thrust into the spotlight, and confusion is often the result. It is possible for family members to be upset and angry, which no one holds against them, but instead of acting out violently, contact the St Pete lawyer to put the law on your side and fight the good fight legally. Even if the other party is found not guilty on criminal charges, you may still be awarded compensation for the death.
One case that meets these specs in particular, which most people have heard of, is the one brought upon OJ. Simpson in the 90s. Many people remember their television shows becoming interrupted while a high-speed chase involving a white Ford Bronco took place. Of course, the football star, and actor was on the inside of the vehicle, supposedly running away from the police due to... read article
People who commit crimes often believe that they will get away with it if they can evade, or outrun, those in law enforcement. Sometimes, the word outrun takes on a literal meaning. By now you’ve likely heard of, or seen footage of, at least one police chase that has occurred in our country. As the person-of-interest tries to escape in their vehicle, the police follow in hot pursuit to capture those who are thought to have committed a crime. When it comes to bringing a suspect to justice, there are often no boundaries.
Off Road Pursuits
Though it is often where they begin, police chases are not restricted to roadways. The vehicles involved in the chase, from the perpetrator to the police officer, can end up on the sidewalk or in someone’s front yard. One high-speed chase in upstate New York plowed through a small golf course, causing damage to the greens. Thankfully, none of the golfers were injured, though many had quite the story to tell at home that evening.
Unfortunately, some folks don’t always make it home with a story to tell.
Accidental... read article
There’s good news and there’s bad news. For people who like to feel safe while driving, knowing that other drivers are being as safe as they can be; it’s good news. For the people who like to text while driving and continue to be distracted behind the wheel, it’s not-so-good. As Florida legislature looks to bolster laws regarding texting and driving, its news that everyone should be aware of.
It Can Wait
There is no shortage of stories that can be found when it comes to examples of texting and driving. Some people just linger longer at a traffic signal when the light turns from red to green as they text their BFF that they’re running late. Some might reduce their speed to a crawl as they check the latest tweet from their favorite celebrity, and some might swerve in and out of traffic as they text a quick bit of gossip that just can’t wait the extra seven minutes.
Others, however, find that the words “on my way” are the last words to ever come from their fingertips. Texting while driving has caused... read article
You go to work every day through rain, shine, and sometimes sickness. You know what you need to do to support yourself, or your family, and at the end of the pay period, you expect to take home a paycheck. But what happens when you take home something more, such as an unexpected work injury?
Becoming hurt at work is more common than you think. The more you know about what you need to do should an unavoidable workplace injury occur, the better prepared you’ll be to handle it if something should happen.
Laws Are Beneficial To Both
Worker’s compensation laws are beneficial to employers as they prevent the risk of being sued by an employee if they are injured on the job. Employers pay out a certain amount to worker’s compensation throughout the year and if an employee gets injured on the job, worker’s compensation will pay out a certain amount based on the injury.
Worker’s compensation is also beneficial to the employee. It pays out medical bills and other monies, such as rent and living expenses, faster than if you had to wait for the legal... read article
Riding your bicycle is can be a wonderful thing. Not only is biking healthy for your body, its healthy for the environment. More blood pumping through your heart, less exhaust and emissions pumping into the air. With such beautiful weather all year round in Florida, it’s no wonder that bicyclists can be seen all over.
The Rights And The Requirements
Those who travel by bicycle have the right to the roadway as much as those who operate a motor vehicle. Using the bicycle lane is important to keep all parties safe, but if there is no bike lane, riders are encouraged to stay as far to the right side as possible. Other bicycle operator requirements in Florida include:
Adhere to the same traffic laws that motor vehicles must adhere to.
Follow all traffic signals such as lights and signs that pertain to motor vehicles.
Only one person allowed per seat.
Be sure the bike is up to proper operation, such as working brakes that stop the bicycle within 25 feet on dry, clean, level asphalt.
Use a light on your bicycle if you are... 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
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
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
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.