Florida injury lawyer

Published on: December 21, 2023

“Deck the Halls – Not Your Steering Wheel,” Advises Fort Myers Injury Lawyer

Snowman-Steering-Wheels-300x220 Sparkling decor is part of the magic of the holiday season. But as a Fort Myers injury lawyer, I’d strongly advise you to keep it away from your steering wheel.

The National Highway Traffic Safety administration (NHTSA) just issued a warning not long ago about the dangers of aftermarket, gem-studded decals that can cause serious injury in a crash. In one documented case, a driver lost sight in one eye after a rhinestone-emblazoned decal dislodged from the wheel during a crash and struck her in the face.

Aftermarket Vehicle Parts Can Complicate Product Liability Case

Published on: July 8, 2022

Florida Premises Liability Law Allows Special Protections for Children, Even Trespassers

by Leland Garvin

Florida premises liability law places certain legal responsibilities on property owners to use reasonable care in protecting lawful guests from foreseeable dangers. Trespassers, however, are given very few protections, aside from the duty to avoid willful harm. The primary exception, as our Fort Myers child injury lawyers can explain, is with regard to young children.

It’s called the “attractive nuisance doctrine.” Although trespassers have no right to expect landowners to maintain a safe property on which they can trespass, it’s different for young children. Unlike adults, it’s understood small kids lack the ability to perceive danger or make reasonable judgments about how to protect themselves. Therefore, if there is something dangerous on site that might be interesting to curious youths, landowners have a responsibility to take measures to keep them out and protect them from their own misjudgment.

As noted in the 1990 Florida Supreme Court case of Martinello v. B&P USA Inc., attractive nuisance isn’t a separate cause of action or theory of liability. Instead, it’s a doctrine that imposes a duty on the landowner or occupant to trespassing children that otherwise wouldn’t exist under circumstances of non-liability to trespassers. The exception is spelled out in F.S. 768.075. Continue reading

Published on: April 20, 2022

Florida Injury Lawyer Explains: What Exactly Does “Full Coverage” Mean?

by Leland Garvin

South Florida injury lawyer As a longtime Florida car accident lawyer, I’ve come across many individuals who were tricked into believing that if they were involved in a crash, they had nothing to worry about because “I have full coverage.”

Unfortunately, in the auto insurance world, “full coverage” doesn’t go half as far as most people think. And even in situations with decent insurance, it can be a tooth-and-nail battle to compel the insurance company to pay their fair share.

In Florida, people have an especially warped view of how much might be covered because of the fact that we are a no-fault auto insurance state. The (erroneous) presumption is that insurance is going to cover damages, no matter who is at-fault. Although it is true that Florida requires personal injury protection (PIP) coverage of every vehicle owner, some (like motorcyclists) are expressly excluded. Plus, it only covers up to $10,000 in damages – and sometimes even getting them to pay that requires negotiation.

What Exactly Does it Mean to Have “Full Coverage” in Florida?

If you’re involved in a crash with another driver who assures you, “Don’t worry – I’m fully covered,” you shouldn’t assume that everything will be covered and that it’s ok to relax. For one thing, Florida is a no-fault state, meaning you can’t collect damages from the other motorist at all unless your injuries meet the serious injury threshold criteria, outlined in F.S. 627.737. You’d also have to prove the fault of the other driver. Over the years we have learned that insurance companies often don’t do the right thing and fairly pay claims; if they did our law firm would have little purpose and would likely be out of a job.

But beyond that, “full coverage” simply means that one has the bare minimum coverage legally required by Florida law – and that ain’t much. Specifically: Continue reading

Published on: March 10, 2022

Suing in the Sunshine State? 5 Fast Florida Injury Lawsuit Facts to Know

by Leland Garvin

South Florida injury lawsuit Every Florida injury lawsuit is different, and the law is always evolving. That’s why when you ask any lawyer a seemingly straightforward question, you almost always get: “It depends.”

That said, there are some common questions our Fort Myers personal injury lawyers have noticed frequently arise, whether we’re talking about car accidents, nursing home injuries, slip-and-falls or medical malpractice.

If you’re thinking of suing for a personal injury or wrongful death in the Sunshine State, here are five facts to know: Continue reading

Published on: December 3, 2020

Do I Have to Wear a Motorcycle Helmet? Florida Cycle Injury Lawyer Insight

by Leland Garvin

Fort Myers motorcycle accident lawyer

Motorcycles are prevalent in the Sunshine State. More than 550,000 motorcycles are registered here, and biker tourism is a big draw. As a longtime South Florida injury lawyer, I am familiar with Florida’s motorcycle helmet law and have successfully handled my fair share of motorcycle accident claims in Fort Myers, Naples, and Key West. The National Highway Traffic Safety Administration (NHTSA) reports more motorcyclists and passengers are injured and killed here annually than in any other state.

In motorcycle injury and wrongful death cases, the question “Do I have to wear a Motorcycle helmet in Florida?” often arises; whether riders have the right to forgo helmets and whether that decision impacts their injury claim is often the next question. The answers depend on how old you are, what kind of insurance you have, and whether you suffered head/neck/facial injuries.