Florida Personal Injury Legal Questions

This is a problematic case - as there is a clear degree of comparative neglience/assumption of risk - when you expect to hold someone else liable because your fell in a wet bathtub/shower. Absent a substantial injury - which I didn't see described - this is a very very weak case. To the other end, if you suffered some catatstrophic injury, which I hope you didn't, the consideration for fighting through the comparative negligence issues may become stronger. ... Read Answer

There is obviously much more to this issue than related as it seems a bit histrionic. Clearly, it appears that no heart attack occurred and presumably the issue is resolved. IN the future, you can always cal out a plumber yourself, at your expense, to forestall such emergency OR you simply could have turned off the water using the shut off valve under the sink. If there are issues with the property management and you - you may want to work towards a voluntary termination of the tenancy.  ... Read Answer

Dear Sir/Madam:   Under Florida law, sidewalks should be maintained in a reasonably safe condition and the owner of the sidewalk should warn people of any dangerous, hidden conditions. If the sidewal was owned by the city, or school board, then Florida Statute  768.28 (sovereign immunity statute) applies. There are conditions that must be met prior to filing suit and they must be done within 3 years of the incident.  The statute of limitations is 4 years but legally sufficient notice must be given within 3 years of the incident. A defense that is available to the owner of the sidewalk is that the condition that caused your injury was "open and obvious" and that, with the exercise of due care, you would have seen the dangerous condition of the sidewalk and avoided the condition. Inevitably in these type of cases, the person who falls is given some percentage of comparative blame for falling. Additionally, if you had dental issues prior to the fall, the defense will also defend the case by claiming that your dental issues were pre-existing and not caused by the incident.  Proof of causation of the damages lies on the part of the person who fell. Call an experienced personal injury lawyer who can discuss all oif these issues with you and help you determine if you should make a claim.   ... Read Answer

Dear Sir/Madam:   More information would be required to assess your situation.  Did you tell the doctor that you could not opick up the keg or you were not prepared to do so?  Are you required, as part of your job, to lift objects that weigh 160 lbs? Was this a physical that was part of your employment?  If you were in the course and scope of your business, you may be able to make a work comp claim.  Contact a worker's compensation lawyer and explain the facts to them. You may be able to make a worker's compensation claim which will pay your medical bills and loss of wages. It is a difficult case against the doctor, because he didn't "make" you lift the keg.  You could have informed him that you did not want to pick up the keg without notice, or that you just couldn't pick it up. Making a claim againsty the doctor will, in all likelihood, not be successful for you.   ... Read Answer

Getting past the consipiracy theories - this is the result of Florida consumers buying into the " We hate lawyers" rhetoric of the insurance industry and medical lobby and votng for 10% attorneys fees and higher standards for medical malpractice cases. Rather than stop "greedy lawyer" all that really happened, as we lawyers knew, is that lawyers simply wont take cases where they are expected to spend and risk $50,000-$150,000.00 in costs to work up up a med mal case to get a $500,000.00 judgement and recover $50,000.00 as a fee and ONLY when or if they win.  As such, most lawyers will not take non-catastrophic cases on a contengent fee. You can thank yourself and our fellow Floridians for drinking the medical industrial complex koolaid and voting that people like you will just have to "take one for team" so doctors and inusrance carriers can continue to make money.... Read Answer

If by "cant find a lawyer" you mean one on a contingent fee - this is likely because you self lawyerd yourself into a mess, including it appears blowing an appeal. As such, no lawyer want to enter a war as a POW. If you are willing to spend the liely tens of thousands of dollars needed at this point to address the issue, you will find many lawyer available, but likely none if you expect them to spend that value in time simply to take on a fight that has already been badly lost. Your only practical option might be to see if some animal rights orgaization is interested in helping...but don't count on it with the case in the posture it is in. ... Read Answer

"I think I have a great case to show negligence on the park behalf"....you simply dion't have the knowlegde base to credibly make such a claim. Given the facts presented I would suggest quite the contrary as there are NUMEROUS hurdles you will have to overcome and governmental entities rarely settle unless THEY find they were negligent and injuries substantial. If you have a good case  then injury lawyers will take it on a contingent fee to hhandle it properly. If they decline it - that tells you what lawyers think about "a great case". ... Read Answer

You need to notify your employer, in writing, of the air quality issues in the office. If you are experiencing breathing difficulties as a direct result of the air quality, contact your employer's worker's compensation provider and get examined by a doctor for your breathing issues. If the conditions are so bad that you are seriously injured, you may be able to make a claim outside of worker's compensation if the behavior of your employer rises to the level of quasi-criminal behavior (due to the knowledege of the air quality and still exposing his employees to these conditions.  Contact an experienced personal injury lawyer who can evaluate your case and advise you of the proper course of action to protect you and compensate you for your injuries, if any. ... Read Answer

If you can find the people responsible for discarding the hot charcoals on the grass, you would be able to pursue a claim against them and most likely , if they own a home, then their home owners Insurance company would have a duty to defend them. As for the park itself, It may be difficult to file a claim against the park. More facts would be needed to make a determination though. ... Read Answer

No. If any one is likely responsible it is the superivising adult allowing her to participate in the activity, if you now deem the activity to be so dangerous that the Marlins should be held responsible, it was equally so when the supervising adult allowed the child to particpate. This is called assumption of risk. Absent some catatstrophic injury or compelling situation, like she was trampled to death by a ridiculously large crowd of kids (thankfully not the situation), a scraped knee is part of being a kid a participating in any physical activity. As they say here in the south - rub some dirt on it and get back to playing. Be thankful that she wasn't significantly hurt and this should be a learning point for the child to over come adversity and to be careful in such situations.... Read Answer