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Can Gang Violence Result In Premises Liability?

Can Gang Violence Result In Premises Liability?In what is surely one of the more unusual cases of negligence resulting in a lawsuit around the world, the case of a restaurant in Mississauga, Ontario, Canada is getting some attention. Most of the time when a place of business like a restaurant is sued for personal injury through negligence, the charge is related to the business itself. Food poisoning or poor maintenance of the building are the most common reasons a restaurant to be sued for personal injury, usually as a premises liability. A premises liability is when the owners and/or managers of a property have a basic legal responsibility to ensure the safety of visitors to that property.

So what happens if a bomb goes off? How is that negligence on the part of a property owner? That is a question occurring in Canada now, as customers of a restaurant move forward with a lawsuit relating to gangs, bombs, and negligence.
A Dangerous Place
In May of this year, in a Canadian city just west of Toronto, known as Mississauga, diners at the Bombay Bhel restaurant were the surprise victims of a bombing attack. Security footage... read article

Attorney Michael J Babboni

How Responsible Of A Dog Owner Are You?

How Responsible Of A Dog Owner Are You?For some, one of the greatest freedoms that Americans enjoy is the right to have a loyal and faithful pet, like a dog. A dog, for many families, is not simply an animal in the house, but an actual family member that is often treated with love, respect, and care. Florida, of course, is no exception, and while the hot, year round weather means that northern breeds like Huskies and Samoyeds should be trimmed for comfort, it also means that the great weather allows dogs to be taken out regardless of the time of year.

The decision to become a dog owner is—while not as comprehensive—similar to the decision to raise a child. You are responsible for the feeding and health of the animal, you are not supposed to inflict violence upon the animal, and, should the law catch you shirking any of these responsibilities, you can be charged. Deciding to care for any living creature does mean you agree to take on certain legal obligations.

However, the decision to be responsible for a dog also means you have a responsibility to those around you. Unlike a... read article

Attorney M David Shapiro

Are You At Higher Risk Of Injury On The Job?

 Are You At Higher Risk Of Injury On The Job?In 1971, the Occupational Safety & Health Administration, or OSHA, was formed in order to better address the needs of Americans working safely. It was designed to look at the working environments of Americans around the country, and start providing some national level rules for ensuring that people worked more safely and with safer environments.

And while OSHA has done a commendable job bringing a higher level of protection and safety to Americans around the country, this is still not a guarantee. After all, accidents are unpredictable, and accidents in the workplace can occur due to any number of factors, including the carelessness of other people. In fact, some jobs are simply much more at risk of injury than others, and five jobs, in particular, carry the highest risk of in-jury. Are you involved in any of these occupations?
Garbage & Recycling Collection
Surprisingly, for people unfamiliar with the industry, garbage and recycling collection actually has one of the fifth highest rates of injury and fatalities among different professions. The reason for this is because garbage collectors literally do not know what they are getting... read article

Attorney David L Goldman

Cyclists Are At Risk On Florida Roads

Cyclists Are At Risk On Florida RoadsUnder normal circumstances, most states would be happy to be considered #1 at something, but when it comes accident and fatality rates, that’s something no state wants to be a winner in. Unfortunately, when it comes to the national “race” to see who is the most dangerous state for people riding bicycles, Florida comes in at #1. That’s right if you ride a bicycle, Florida is the most dangerous state in the country to take to the streets. But why? And what does this actually mean for cyclists?
The Weather
Of course, one of the reasons that cyclists get into accidents—lethal or otherwise—in Florida is because of the geography. As the southernmost state in the country, Florida gets mild, beautiful weather all year round, which means that, unlike some cities like New York, or Anchorage, cyclists can actually ride on the streets, comfortably, all year round. So there’s no time of the year when accidents drop to zero, simply because cyclists are no longer taking to the roads. Cyclists are always there and in sizable numbers.
The Traffic
Another factor that leads to this situation is that in the same... read article

Attorney Bernard F Walsh

Remember Your Rights At Amusement Parks

 Remember Your Rights At Amusement ParksFor most other states, summer is the best time to go to an amusement park because the parks are seasonal, and it’s the combination of good weather, and availability that makes it a good time to get the family together and have some fun. Of course, for Florida residents, it’s a different story entirely. Not only does Florida have the great weather throughout the year to constantly have amusement parks run, but the state itself is home to some of the best, permanent, amusement complexes in the world. So whether you’re interested in the movies, Christian theology, or even the cartoon legacy of Walt Disney, there’s something here for everyone.

But it’s important to keep in mind that while amusement parks are supposed to be about fun with the family, even here things can go wrong. And if they do, you should always consider whether your rights have been violated, and you have legal recourse to go forward with a lawsuit.
Parks Are Required To Be Safe
The whole point of an amusement park, whether it is a temporary country fair, or one of Florida’s many elaborate, permanent complexes, is... read article

Attorney Stephen Fernandez

Is Driving Uninsured Really That Bad?

Is Driving Uninsured Really That Bad?It’s not something that comes up a lot in casual conversation but when it happens to us, it’s often both a financial and legal nightmare. You might get into a vehicular accident where you’re not at fault, the other driver clearly is. Then, as you get out to start assessing the damage and wondering how much this is going to cost, the nightmare begins; the other driver admits to being uninsured.

Now this means that there’s no other insurance company to handle the damages, even though it’s not your fault. That means your own insurance company may have to front the bill, and that’s only if you decided to accept the uninsured motorist policy for yourself. If you didn’t, even your own insurance company is under no legal obligation to pay out damages.

If you decide that you want the other driver to be held responsible, you might consider going to court to sue for the damages. But most accident attorneys will provide the same advice at this juncture. If a driver doesn’t have motor insurance, odds are that it’s because he or she couldn’t afford it. And... read article

Attorney Michael J Babboni

The Motor Accident Nightmare: Uninsured Drivers

The Motor Accident Nightmare: Uninsured DriversThis is probably the one, big, nightmare situation that no driving, biking or pedestrian accident victim wants to think about, but it does happen. You get into an accident, are seriously injured, and it is clear that you are not at fault. However, the person that is at fault can’t even help with financial compensation for injury treatment even if he or she is responsible, because there’s no insurance.

Sadly, in Florida, this is not that uncommon. According to state statistics, 26% of drivers on Florida roads—that is to say one in four!—are currently taking to the streets without insurance. This percentage of uninsured drivers goes up depending on the age of the vehicle being used. Vehicles that are 15 years or older tend to have drivers that haven’t bothered to get proper insurance coverage, even though this is technically illegal.

So what does this mean to cars, and cyclists on the road, or pedestrians crossing a street? Does this mean that if you sustain an injury due to such an incident you simply have to pay for medical treatment yourself, even though it wasn’t your fault?

There are a few... read article

Attorney M David Shapiro

Serious Consequences: Spinal Injuries

Serious Consequences: Spinal InjuriesEvery part of the human body is interlocked, interconnected and working in harmony with other parts. That means that any injury to your body, especially if permanent, is going to have some consequences. But there are some parts of the body that are less serious, while others can have a much more significant impact on the way a person resumes his or her life.

For example, getting into accident that results in some superficial damage to the ear, such as the partial loss of the ear lobe, can have definite repercussions on physical appearance. The same goes for burn injuries that may leave permanent scarring. But, these types of injuries do not affect the basic anatomical function of the human body. On the other hand, a severe spinal injury can be catastrophic, and dramatically change the way a person must live out the rest of their lives.
Why It Matters
The human body has a series of “circuits” that carry out electrical impulses to all parts of the body. These electrical impulses are actually the signals the body waits for, telling it to do things like pick up a cup of coffee, or... read article

Attorney David L Goldman

Keep An Eye Out For Fake Driver Documents

Keep An Eye Out For Fake Driver DocumentsIt’s a sobering statistic for Florida drivers, but according to the most recent information compiled by insurers in 2015, Florida has the highest rate of uninsured drivers in the entire nation, at 26.7%! That means that when you’re on the road, one out of every four drivers around you may be uninsured and thus unable to provide proper financial compensation.

Even more worryingly, the reason for this high rate of uninsured drivers is deadly simple; poverty. The majority of these drivers simply can’t afford the monthly premiums, but desperately need to be able to drive in order to get by, month to month. Some of these drivers, well aware of just how precarious their position is, take extraordinary measures in order to avoid legal trouble. And some of those measures may involve scamming you.
Give Away & Drive Away
Some people are fully prepared to scam you even in the event of a car accident. Sadly, there are services available on the Internet that allow people to create fake driver licenses, and even fake insurance cards. Some people, realizing that they are poor enough drivers that they’re likely... read article

Attorney Bernard F Walsh

Wrongful Death In The Case Of A Child

Wrongful Death In The Case Of A ChildNo amount of money will ever make up for the loss of a loved one. However, a wrongful death claim can help families pursue justice and get the financial support they need to move forward. In wrongful death cases, damages are awarded based on the victim’s earning potential and contribution to the family. In the case of a child, these things cannot easily be measured. Courts have a system of guidelines they use. Here is an explanation of how damages may be determined after the loss of a child.
What Is A Wrongful Death Claim?
First, you must understand what is a wrongful death claim. Wrongful death is a legal term for a civil action taken against a party for causing a death. Wrongful death claims can be made after the negligence or misconduct of another party caused a death. This includes both accidental death and deliberate death. Wrongful death claims can be pursued in tandem with criminal charges. Wrongful death uses a lower standard of proof than criminal cases. So they can also be pursued when criminal action has found the other party not guilty. Wrongful... read article

Attorney Stephen Fernandez

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