Archive for the ‘Premises Liability’ Category

Florida Laws Protect Children from Power Line Towers and Other Attractive Nuisances

Friday, September 9th, 2011

Like most states, Florida has numerous laws designed to protect children under the age of 18 from many common risks of harm, including personal injury. The reasoning behind such laws is that children have a lesser capacity to appreciate certain dangers and risks than adults; therefore, the government should have legislation and policies in place to protect them.

Among such protective legal measures concerning child safety is the “Attractive Nuisance Doctrine.” This doctrine is applied in the context of personal injuries to children as a result of a property owner’s negligent failure to warn, repair, or properly maintain the premises to prevent foreseeable harm to minors.

One tragic example of how this doctrine is applied in court involves the pending personal action lawsuit of Avi Davidson.  According to the St. Petersburg Times, in 2009, the Gaither High School student, who was 16 at the time, climbed a 35-foot power pole to take photographs and was thrown to the ground when he came in contact with a power line.  The teen suffered severe burns, lost his left arm from the elbow down, and was paralyzed below the waist.  The lawsuit alleges that Tampa Electric Co. was negligent for failing to warn people such as Avi Davidson of the dangers of power lines as well as failing to prevent access to the pole.

The child injury attorneys at PERENICH The Law Firm have more than 60 years of combined experience in helping children, parents, and families in the Tampa Bay, Florida area recover damages for injuries to children when others have needlessly placed them in harm’s way. If you are in need of a personal injury and accident lawyer, contact PERENICH The Law Firm today to speak to one of our injury attorneys . Our offices are conveniently located in Clearwater, St. Petersburg, Tampa, Tarpon Springs, and Trinity, Florida.

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Good Faith/Bad Faith: Insurance Companies’ Settlement Responsibilities

Monday, June 6th, 2011

Under Florida law, the term “negligence” refers to an array of legal theories under which private parties may sue for injuries and monetary damages resulting from automobile, motorcycle, ATV, and boating accidents, slip and fall accidents, and wrongful death resulting from an accident or medical malpractice, among others.

Typically, the insurance company for the party who caused the accident and resulting injuries handles the claim. If the insurance company does not offer to settle for a reasonable amount, the attorney for the injured party may initiate a lawsuit. However, insurance companies are required by Florida law to attempt to settle injury claims in good faith.

In fact, the attorney for the injured party may initiate a separate lawsuit against the insurance company for its bad faith refusal to settle a case.  Recent attempts by the Florida legislature to set limits and impose higher restrictions on bad faith claims against insurance companies were thwarted earlier this year when HB 1187 stalled in the Florida House.

While the overwhelming majority of all civil lawsuits filed – around 98% – settle out of court, in some cases, it makes sense to go to trial and let the judge or jury decide. For example, in a case involving a client who suffered serious, permanent injuries in an auto accident, if the insurance company refuses to make a reasonable settlement offer, the case should proceed to trial so that we may try to maximize the client’s chances of a fair recovery instead of settling for a trivial amount.

The attorneys at PERENICH The Law Firm have over 70 years of combined experience in settling auto and other accident cases, together with the resources to take a case through trial and a jury verdict in the appropriate circumstances. We have tried dozens of cases throughout Florida, including Pinellas, Hillsborough, and Pasco Counties, and you can count on us to fight to resolve your case for what it’s worth.

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Posted in Auto Accidents, Personal Injury-Liability, Premises Liability | No Comments »

Gov. Rick Scott Relaxes Security at Florida Ports

Wednesday, May 25th, 2011

Florida Governor Rick Scott has signed a bill that reduces security measures at seaports throughout the state by eliminating separate state background checks for port employees. In doing so, Scott has put the safety of Florida residents behind the financial interests of Big Business at a nominal cost savings (up to $3 million, according to Scott).

Safeguarding Florida’s coasts should be of paramount importance to our legislators.  Our ports are particularly vulnerable to criminal activity and terrorist attacks, which is why secondary measures to ensure proper and adequate screening of prospective port employees were put in place.

Now that HB283 has been signed into law, individuals seeking employment at any Florida seaport will only be subject to a background check by the federal government.  When employees who would otherwise be denied employment under the additional state screening wind up working at a port, where adequate, non-negligent hiring and supervision are critical to the safety and well-being of Florida residents,  members of the public will be able to hold Big Business and the state accountable for their negligence in the event of a criminal attack or other criminal activity.

The injury and negligence attorneys at PERENICH The Law Firm have over 70 years of combined experience in litigating and settling lawsuits based on injuries and harm caused by negligent hiring, negligent entrustment, and negligent security practices as a result of a criminal attack or other wrongful act.

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NJ Supreme Court Deals Blow to Premises Safety

Friday, August 6th, 2010

A ruling by the New Jersey Supreme Court has dealt a blow to consumer rights and safety expectations of the residents of the state. A 5-2 decision handed down yesterday cleared a New Jersey health club from liability in a case regarding the injury of one of its members. Bob Considine of the New Jersey Star-Ledger has these details:

In the case of Stelluti v. Casapenn Enterprises, Gina Stelluti purchased a gym membership at the Powerhouse Gym at 8:30 a.m. on Jan. 13, 2004, and was injured less than an hour later while using a stationary bicycle in a spin class.

Stelluti, of Seaside Heights, claimed the bike’s adjustable handlebars dislodged as she was instructed to stand on the pedals. Stelluti’s feet remained strapped into the pedals as she fell forward, causing her to suffer chronic neck and back pain, as well as a cracked tooth, according to court papers.

Stelluti sued Powerhouse for negligence.

The defense argued Stelluti was bound by the agreement — or the Powerhouse Waiver and Release Form — she signed before joining the gym. Among the many conditions of the form was release of liability by the club for “the sudden and unforeseen malfunctioning of any equipment.”

By allowing the gym to excuse itself from liability regarding the safety of its patrons, the New Jersey Supreme Court has made the regular task of exercising a dangerous and potentially costly activity for thousands of gym members across New Jersey. The “Waiver and Release” forms that were used by Powerhouse and many other gyms provide protection for the businesses from a wide swath of potential safety hazards, including injuries that result as a result of “general negligence”, which includes harm caused by faulty or unchecked equipment and environmental hazards such as slippery floors.

When businesses and corporations are allowed to seek profits without expending due diligence protecting their consumers, a dangerous lapse in our society’s protections occurs. At PERENICH The Law Firm, we fight for the citizens of our country that have been the victims of negligence and wrongdoing at the hands of companies that placed profits over safety. As your Tampa Bay premises liability lawyers, we can help you heal from injuries and pain that resulted from businesses not making safety their number one priority.

Posted in Personal Injury-Liability, Premises Liability | 1 Comment »