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Author Archives: Jay Butchko

PremisesLiab2

Business Establishment Premises Liability for Slips and Falls in Florida

By Smith, Ball, Báez & Prather |

Slip and fall accidents can happen anywhere, but when they occur in a business establishment in Florida, the legal implications are specifically governed by Florida Statute §768.0755. This law sets forth the criteria under which a business can be held liable for injuries caused by transitory foreign substances. Florida Statute §768.0755 addresses premises liability… Read More »

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Boat8

Navigating Liability in Florida Boat Accidents

By Smith, Ball, Báez & Prather |

Boat accidents in Florida can lead to serious injuries or even fatalities. Understanding how liability is determined in these incidents is crucial for anyone involved in boating in the state. Florida Statute §327.32 classifies vessels as dangerous instrumentalities and outlines specific responsibilities for operators. Florida Statute §327.32 is a key law that governs boating… Read More »

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WrongfulDeath3

Wrongful Death Claims in Florida: Who Can Sue?

By Smith, Ball, Báez & Prather |

The loss of a loved one is profoundly painful, especially when due to someone else’s negligence or wrongful act. In Florida, wrongful death claims allow bereaved families to seek compensation and justice, though not everyone is eligible to file such a claim. A wrongful death claim is a legal action that relatives or legal… Read More »

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AmusementParkNight

Ensuring Fun and Safety: A Look at Florida Amusement Park Regulations

By Smith, Ball, Báez & Prather |

Florida amusement parks operate under stringent safety regulations designed to protect visitors. These regulations are overseen by various state and local agencies, including the Florida Department of Agriculture and Consumer Services (FDACS).  FDACS is responsible for inspecting rides and issuing operating permits. Amusement parks are required to conduct daily safety inspections and maintain detailed… Read More »

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AmusementRide

Liability Issues in Amusement Park Accidents

By Smith, Ball, Báez & Prather |

Amusement parks are designed to deliver joy and entertainment, but accidents can and do happen. When they do, determining liability is essential for ensuring that victims receive the compensation they deserve. This blog explores the complexities of liability in amusement park accidents, examining the roles of park operators, ride manufacturers, and maintenance teams. The… Read More »

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CarAccident8

How Florida’s Right of Way Laws Can Affect Your Car Accident Case

By Smith, Ball, Báez & Prather |

Understanding Florida’s right of way laws is crucial when navigating the aftermath of a car accident. These laws determine who had the legal right to proceed at the time of the accident, which can significantly impact liability and compensation claims. In this blog, we will explore how Florida’s right of way rules apply in… Read More »

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ProdLiab5

The Application of Strict Liability in Florida Product Liability Law

By Smith, Ball, Báez & Prather |

Strict liability is a fundamental concept in Florida’s product liability law, providing a pathway for consumers to seek compensation for injuries caused by defective products without proving negligence. This principle holds manufacturers and sellers accountable for damages caused by their products, regardless of the care they took during manufacturing or selling. This blog explores… Read More »

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ProdLiab2

The Role of Warranties in Florida Product Liability

By Smith, Ball, Báez & Prather |

When purchasing products, consumers are often reassured by warranties that promise safety, reliability, and performance. In Florida, these assurances carry significant legal weight. Understanding the role of both express and implied warranties in product liability claims is crucial for any consumer facing issues with defective products. This blog will explore how warranties influence product… Read More »

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MedMal27

The Role of Expert Witnesses in Florida Medical Malpractice Litigation

By Smith, Ball, Báez & Prather |

During a medical malpractice litigation in Florida, the testimony of expert witnesses is legally required to bring a case. These experts not only elucidate complex medical concepts for the court but also provide critical insights into whether the standard of care was breached and if such a breach resulted in harm. If you or… Read More »

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MedMal21

Anatomy of a Medical Malpractice Lawsuit: From Discovery to Verdict in Florida

By Smith, Ball, Báez & Prather |

Understanding the basics of a medical malpractice lawsuit from its inception through to a verdict is fundamental for plaintiffs seeking justice for medical negligence. Consult with our Florida medical malpractice attorneys to discuss the key stages, challenges, and strategies for success on your Florida medical malpractice lawsuit. Recognizing Medical Malpractice The first step in… Read More »

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