Author Archives: Jay Butchko
Florida Cyclist Injured In Car Accident During Pedestrian Bridge Collapse
Determining liability in a car accident is never a simple process. There are many factors that determine fault, and even in a no-fault state like Florida, personal injury liability – when it’s extreme enough – is governed by the question of negligence and the realm of the courts. But what about when the victim… Read More »
Regulation Requires Commercial Truck Operators To Electronically Record Time On The Road
The National Transportation Safety Board conducted a study of 182 commercial truck accidents and discovered that 31 percent of these major collisions involved a truck operator who was fatigued, according to the New York Times. The prevalence of fatigued commercial truck operators served as a basis for the Federal Motor Carrier Safety Administration establishing… Read More »
Would Nursing Home Cams Curb Instances Of Elder Abuse?
News reports from the summer of 2017 brought to light a number of instances of nursing home abuse. These included one instance of a nurse physically assaulting a memory care patient. The patient’s daughter, who had become concerned that the staff of the facility was treating her father abusively, caught the entire episode on… Read More »
Did Lipstick Give a California Woman Herpes?
In one of the stranger lawsuits being filed in recent memory, a California woman filed a lawsuit suit against Sephora for a lipstick sample that she claims gave her herpes. The lawsuit alleges that the woman in question sampled lipstick at a Sephora store in 2015. She was later diagnosed with herpes. The woman… Read More »
Recent Supreme Court Decisions Benefit Patients In Malpractice Claims
Under Jeb Bush’s governorship, malpractice tort fell into the spotlight as a key area of reform. Bush felt that patients were making too much money off of malpractice lawsuits. His solution was to cap the amount of pain-and-suffering damages a patient could claim in a given malpractice suit. Bush greenlit the measure in 2003… Read More »
Florida Laws Concerning Slip And Fall Accidents And Comparative Negligence
The key to the vast majority of personal injury cases is negligence. Negligence means that either by action or inaction, another party is directly responsible for your injury. However, most cases don’t involve clear-cut liability one way or the other. For that reason, the majority of U.S. states make room for comparative negligence. Florida… Read More »
Exploding E-Cigs To Blame In Product Liability Lawsuits
The use of e-cigarettes as an alternative to traditional smoking has exploded over the past few years. So too have the e-cigarettes themselves, according to recent lawsuits. Product liability lawsuits filed against e-cigarette companies allege that defects in the design of the batteries are responsible for a number of injuries. More than 120 lawsuits… Read More »
Injured In An Accident Involving A Company Car – Can You Recover Damages?
Each day, thousands of employees in and around Miami use and operate employer-provided vehicles to conduct business and complete key tasks and assignments (e.g., tractor-trailer operators, cab drivers, delivery truck drivers, etc.). So, what happens if you are hurt in an accident where the reckless driver who hit you does not own the company… Read More »
Defective Airbags Turn Deadly Spurring Massive Class Action
Takata Corp., which supplies airbags to Toyota, Honda, Ford, BMW, Nissan, and Subaru, was named in a massive class-action lawsuit that alleges that their defective airbags resulted in the deaths of 16 people, with several more injured. The defective airbags were said to explode on impact shooting metal debris into the faces of passengers… Read More »
Attorney Alan Goldfarb quoted in the Miami Herald regarding the FIU pedestrian bridge collapse
Attorney Alan Goldfarb quoted in the Miami Herald: “There are so many questions that I have, just from my construction knowledge,” said Miami civil lawyer Alan Goldfarb, who has handled many high-profile accidents. “Why would you not close the road to traffic? Why would you have workers up there? Why would you not do… Read More »