Structural building defects that suddenly take a live or lives have many fathers.My experience in cases where a death or serious injury occurs because of a structural defect parallels what is being reported in the New York Times about the Big Dig tragedy in Boston. Investigation almost always reveals advance warning and multiple responsible parties who each failed to do what was required.Wide...
If a young child drowns in a lake, is the owner of the body of water liable? The owner of a body of water is not liable merely because a child may be too young or of insufficient intelligence to understand the open and obvious danger of the water; the responsibility for the care of such children remains with their parents and caretakers. The body of water cases in the State of Florida are...
Lately, I have noticed more frequent injuries occurring when handicapped access features of buildings and parking areas are improperly constructed. One example, is the ramp that far exceeds the maximum slope specified in building codes. Another is the lack of safety barriers which is the situation in this report from the Columbia Daily Tribune. Lawsuit filed after injury at downtown Walgreens...
BrainInjury Blogs has just posted a very timely reminder about the importance of pool safety. Every summer there are Tampa Bay news reports of drownings and serious brain injuries as a result of swimming pool incidents. Most of the victims are children. The full article is well worth a read.Swimming Pool SafetyWith the approach of the memorial day weekend, it's important to focus on swimming...
The hurricane season is not yet upon us, but a hurricane of a different sort has injured a young boy at Cypress Gardens. The parents of a 13-old boy who fell from a roller coaster ride at Cypress Gardens Adventure Park are suing the amusement theme park for negligence. On Feb. 25, 2006, Martin Llamas fell off the Triple Hurricane -- a $2 million wooden roller coaster in operation since...
Can a school be legally liable if one of its students is struck by a vehicle while crossing a public highway between a dormitory and a building housing the cafeteria, mail center, and bus stop? According to a new appellate court decision in Florida:The school's decision to place its dormitory buildings on either side of a busy urban highway, requiring its students on one side to cross the...
Is insurance sometimes just a masquerade? That is the question a judge in Tampa will have to answer. The story on TBO.com could be headlined, Now You See It, Now You Don't. Colony Insurance Says Club Slaying Is Not CoveredTAMPA - The insurance company for an Ybor City nightclub where a man was fatally stabbed in June says it should not have to pay if the club loses a wrongful death lawsuit.On...
The security personnel at concerts can get a little heavy-handed at times. When the guards at a Clear Channel event roughed up one couple they did $650,000 worth of damage - to Clear Channel's wallet. A jury was not impressed with the guards or the hiring practices of Clear Channel. Similar bad manners by concert and event guards have been reported in Tampa Bay.A jury ordered Clear Channel...
A wayward bull reminds us that there is a danger at times just being a spectator at an event. The bull leaped over two barriers in a Mexico City bull ring and injured two very surprised observers. In the U.S. we have the flying puck, the foul ball, the careening race car or its tire, the sliced golf ball, the collapsed bleacher section, the broken railing, the drunken fan, the angry basketball...
The purpose of a boardwalk is to provide a pleasant place for pedestrians to stroll. When a boardwalk becomes so dangerous for pedestrians that caution signs are necessary, some repairs are needed immediately. The John's Pass boardwalk is the proverbial "accident waiting to happen" - when it does happen there will be legal liability for the injuries caused. Tampa Bay's 10 News tells the...
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