West Palm Beach injury lawyer

Tool Rental Injury Lawsuit Against Hardware Store May Proceed

February 12, 2021 | by David J. Halberg, Esq.

Do-it-yourself projects and repairs are common when you have the basic skills and would rather not pay a professional service fee. Still, very few of us have all the equipment and tools we need to get every job done. But some of these tools are expensive, and you don’t need them but maybe a few times. This is why many home improvement stores (Home Depot, Lowe’s Home Improvement, U-Haul, etc.) here in West Palm Beach offer tool and equipment rentals.
tool rental injury lawsuit

Some examples of tool, equipment or special event items that may be rented for single-use or short-term use include: Bucket lifts, floor cleaners, floor strippers, saws, backhoes, scissor lifts, forklifts, air compressors, tree-trimming equipment, scaffolding equipment, wallpaper steamers, stump grinders, generators, drills & drivers, pressure watches, hitches, trailers, tents, flooring/staging, inflatables, tables/chairs, tents, food equipment (popcorn machines, cotton candy machines, grills, etc.) and more.

Consumers rely on these companies to provide them with tools and machines that are safe for use. If those products prove defective, the consequences can be serious, including broken bones, abrasions, lacerations, spinal cord injuries, electrocution, head injuries, amputation, etc. In these instances, it may be possible for the injured to hold the rental store as well as the product manufacturer liable for those damages.

In such circumstances, it is imperative to speak with a Florida personal injury lawyer to weigh your legal options.

Recently, a federal appeals court ruled that a broad liability release in a rental agreement signed by a Home Depot customer doesn’t make the store immune from claims that a defective machine rental cost a man his finger. Continue reading

Florida Arbitration Agreements Increasingly Common in Health Care

January 21, 2021 | by David J. Halberg, Esq.

Doctors, nurses and other healthcare providers in Florida have a professional and legal responsibility to provide care to patients according to the prevailing standard for their education, experience and position. When they fail to do so resulting in patient harm, they can be held accountable with a Florida medical malpractice claim. Verdicts and settlements are typically paid out by insurers. West Palm Beach medical malpractice lawyer

But in recent years, our West Palm Beach injury lawyers have noted a troubling trend of doctors and health care companies compelling patients to sign binding arbitration agreements before they receive care. Patients are given forms to sign away their constitutional right to have complaints of substandard care weighed in a court of law. If they decline, they are told to look for another provider.

It should be noted if you’re harmed as a result of substandard care, these agreements may not be enforceable, thanks to a 2016 Florida Supreme Court case. You should consult with an experienced medical malpractice law firm before deciding how to proceed. Continue reading

Why a South Florida Injury Lawyer May Decline Your Case

December 8, 2020 | by David J. Halberg, Esq.

It’s a good idea to interview at least a couple different South Florida injury lawyers before deciding which to hire to handle your claim. But just as you are considering which attorney to hire, he or she is also considering your case potential. If your case is declined by one lawyer, ask why and don’t hesitate to get a second opinion. Most offer free initial consultations. South Florida injury lawyer

That said, there are several reasons why an attorney may decline to accept your case – and it may have more to do with them than the viability of your claim.

Here, our West Palm Beach injury lawyers explain a few reasons why an attorney may turn down your case. Continue reading

Another “Hot Coffee” Case? Florida Injury Lawyer Explains What Many Misunderstand

October 2, 2020 | by David J. Halberg, Esq.

A man recently filed a personal injury lawsuit against Starbucks in California after claiming scalding hot tea seriously injured and disfigured his stomach, hands and genitals. Almost without fail, our South Florida injury lawyers know there will be those who scoff. West Palm Beach product liability lawyers

“Another ‘hot coffee’ lawsuit? Whose fault is it really if you spill your own drink on yourself?”

It’s been more than a quarter century since the infamous “McDonald’s hot coffee lawsuit,” and this reaction proves that there is still a great deal of misunderstanding regarding what that case was about – and why it caused such a stir. Continue reading

West Palm Beach Injury Lawyers Talk Top 4 Florida Injury Lawsuit Myths

September 19, 2020 | by David J. Halberg, Esq.

People are hurt every day in Florida in all different kinds of accidents. For example, there are nearly 700 people are injured in Florida car crashes every day. An average of 1.2 boating accident injuries occur in Florida daily. Nationally, there are approximately 30 million injuries every year due to unsafe consumer products. These are just a few examples, but despite the commonality, there remains a great deal of misunderstanding about personal injury claims. West Palm Beach injury lawyers

Our West Palm Beach injury lawyers are writing today to help clear up some Florida injury lawsuit myths. Continue reading

Serious Florida Tourist Injuries Reported at Universal’s Water Park

July 29, 2020 | by David J. Halberg, Esq.

A water slide at Universal’s Volcano Bay water park in Orlando has reportedly caused more than 100 Florida tourist injuries, including one man from New York who was reportedly paralyzed last year. South Florida injury lawyers

As longtime Florida tourist injury lawyers in West Palm Beach, we’re familiar with the Florida law that only requires theme parks to report ride injuries to the state when the person hurt is hospitalized for at least 24 hours. That means the actual number of injuries at theme parks are likely much higher than what’s reported to the public. Further, park visitors should know that they may have a right to monetary damages – even if their injuries didn’t meet the park’s criteria for required public reporting.

The ride in question is a series of four slides, called Punga Racers, with riders ultimately splash-landing into catch pools. According to court records and reporting by the Orlando Sentinel, the 115 injuries visitors suffered after riding the Punga Racers water slides ranged from mild to severe, and included:

Scrapes
Nosebleeds
Concussion
Neck whiplash
Paralysis

Two ride safety testers were also injured. But in all of those, only one – the paralysis – was considered reportable to the state. Continue reading

Overcoming Obstacles to Civil Liability in Florida Sexual Assault Lawsuits

June 20, 2020 | by David J. Halberg, Esq.

An estimated 1 in 6 women in Florida will be victimized by sexual assault at least once in life, while 1 in 5 men will be victimized by some form of sexual violence other than rape. Although survivors can make the decision to report such actions to police, pursuing criminal prosecution is ultimately up to the local state attorney’s office. Even if the prosecutor files charges and secures a conviction, the reality is compensation to the victim in the form of restitution is unlikely to be adequate (if it’s ordered or able to be collected at all). Florida sexual assault lawsuit

But one avenue through which survivors may still obtain justice is civil litigation. As our West Palm Beach civil trial lawyers can explain, the goal of a civil sexual abuse lawsuit isn’t to undo what cannot be undone. Rather, it is to make victims as whole as possible by compensating for physical injuries, disability (time you had to take off work), mental and emotional trauma and even damaged relationships.

And the perpetrator may not be the only one you can hold responsible – even if he or she acted alone. In civil litigation, you’ll want to explore the potential liability of:

The owner/controller of the property where the sexual assault happened.
The offender’s employer.
The school, daycare, sports organization, religious institution, nursing home or hospital that had a duty to protect the victim.
Any security firms contracted to keep people safe.

Civil liability against third parties in sexual abuse lawsuits considers the duty of care the defendant owed to protect the plaintiff (victim) and whether the offense was reasonably foreseeable. Did the employer do enough to vet its workers? Did the sports organization overlook years of misconduct by a coach? Did the hotel fail to make sure it had adequate security staff on site to keep guests safe? These are the kinds of things that can result in a finding of third-party liability in Florida sexual assault lawsuits. Continue reading

Florida Negligent Security Lawsuit: Apartment Owners Ignored Danger to Tenants, Guests

June 15, 2020 | by David J. Halberg, Esq.

A woman has filed a Florida negligent security lawsuit against owners of an apartment complex whom she says failed to protect her from a shooting that occurred after more than 1,100 calls for police assistance to the site.

The Ocala Star Banner reports plaintiff was one of two innocent bystanders injured in a shootout that left one man dead and another arrested on charges of second-degree murder. Florida negligent security lawsuit

Although it’s fairly early in the civil case, our South Florida premises liability attorneys know the history of crime at this complex will likely be central to the plaintiff’s success.

Local police department records reportedly indicate more than 1,100 calls for police assistance to the in the years prior for a range of crimes, including aggravated assault and battery, auto burglaries, auto thefts, robberies, drugs, child abuse and sexual offenses. Of those, more than 900 came from police presence from foot patrols the company requested and security details the company paid for. It’s not clear whether the apartment owner took any other additional security measures. Whether those security measures were adequate in light of the prior crimes will be a question for the jury. Continue reading

How are Pain and Suffering Damages Calculated?

March 12, 2020 | by David J. Halberg, Esq.

When someone is injured as a result of another’s negligence – slip-and-fall, medical malpractice, car accident – often you can request a type of damages known as “pain and suffering.” This is a legal term, spelled out in the Florida Standard Jury Instruction, 501.2, that basically refers to what you had to endure. South Florida injury lawyer

As specifically stated in the jury instruction, these non-economic damages are “any that result from bodily injury sustained by you resulting in pain and suffering disability or physical impairment, disfigurement, mental anguish, inconvenience or loss of capacity for the enjoyment of life experienced in the past or to be experienced in the future.”

Unlike economic damages, which are things like medical bills, lost wages or expenses incurred as a result of your injuries, pain and suffering damages aren’t easily tallied with bills, records or receipts. These are damages you must demonstrate with your own personal testimony, testimony from your loved ones, photographs, vidoes and details about your life both before and after the injury. Jurors are more likely to award economic damages, but establishing non-economic damages can be trickier.

What are Taxable/Non-Taxable Costs in a Florida Injury Lawsuit?

September 15, 2019 | by David J. Halberg, Esq.

Your Florida injury lawsuit is over. The judge has made a final ruling. Whether you won or lost, there is still something that needs to be resolved: Taxation of costs. injury lawyer West Palm Beach

But what are costs in a tort case? What costs are taxable? Which are considered non-taxable costs?

It’s important to point out that “taxes” in this case aren’t referring to a cut owed to the Internal Revenue Service. The question is whether the losing party can be “taxed” for certain costs associated with the litigation process incurred by the prevailing party.

For example, expert witness fees – paid to an expert witness for their services before or during trial – can be either a taxable or non-taxable cost (depending on a host of factors). These have to be paid whether you win or lose. If you win and the court decides that cost is taxable, the defendant pays.

Despite some clear lines drawn in both case law and statute, the question of taxable/non-taxable costs – and whether a person should have them covered – can still be a matter of sharp dispute.

Recently, the Alaska Supreme Court in King v. State Farm Mut. Ins. Co. was asked to settle an argument over whether a plaintiff who won her drunk driving injury lawsuit was entitled to certain taxable costs. The court ruled some couldn’t be collected because plaintiff didn’t timely file the request, but the lower court had erred in denying her others. Continue reading