Naples injury lawyers

Florida injury lawsuit waiver of liability Florida is a vacation destination, and many find opportunities here to engage in activities for which businesses require you to sign a waiver, releasing them from liability if you get hurt. Such excursions include things like parasailing, boating, go-kart racing, trampoline park jumping, golf cart driving, and Jet Ski riding. But while waivers and releases are generally enforceable in Florida, your hope of winning a Florida injury lawsuit may not be entirely lost. If you or a loved one is seriously injured in an activity for which you signed a waiver, it’s important to avoid any presumption that you don’t have a case until you’ve had a chance to talk to a skilled personal injury lawyer.

The enforceability of a waiver often comes down to the precise language it contains compared to the exact details of what happened to cause your injuries.

A prime example of this was the 2014 non-precedential opinion of Florida’s 5th District Court of Appeal in Gillette v. All Pro Sports, LLC. Here, a woman was injured in a go-kart accident at a facility operated by the defendant. The injured woman alleged an employee of the facility increased the speed of the go-karts during the race, resulting in her loss of control of the vehicle and subsequent crash into a railing that resulted in injuries. She sued for her injuries under the legal concept of negligence.

In its defense, the facility cited a waiver of liability that the woman had signed prior to getting on the go-kart. The trial court granted summary judgment favoring the defendant. The appellate court reversed meaning that she was allowed to sue and have her case move forward.

Firstly, any clause of a contract that aims to deny an injured party the right to recover damages from the party that negligently caused the injury is to be strictly construed against the party seeking to avoid liability. Secondly, if such clauses are to be enforceable, they must be blatantly clear and understandable so that any ordinary person would know exactly the rights they’re foregoing by signing.

Here, the waiver indicated the user would: Continue reading

South Florida car accident lawsuits

The National Highway Traffic Safety Administration recently tweeted that speeding-related car accident deaths are up all over the country – in some areas, as much as 15 percent. As the agency pointed out, the higher the speed, the worse the crash-related injuries. What is also relevant for those weighing South Florida car accident lawsuits is that high speed can factor significantly in crash liability.

According to the Insurance Institute for Highway Safety, speed is one of the most common – and dangerous driver behaviors – with an estimated 1/3 of all deadly crashes involving at least one speeding driver. Part of what makes speeding such a threat is that so many drivers consider it innocuous and make excuses for it. (“I was running late,” “everyone else on the road is going 70+mph,” “I’d be in more danger going slow than fast on Florida highways,” etc.). In reality, speeding has dangerous consequences, among them being:

Reduced ability to maneuver around roadway obstructions or negotiate curves.
Longer time/distance needed to stop safely.
The distance a vehicle travels while speeding driver reacts to a hazard is increased, meaning there is greater potential for more injuries/people affected.
Increased risk for both crashes and injuries because neither drivers nor pedestrians can quickly and accurately assess a speeding vehicle’s distance.

Car accidents killed more than 36,000 people nationally in 2019. As one analysis by ProPublica revealed, the risk of serious injury and death increases rapidly with each mile-per-hour increase. A person is 70 percent more likely to be killed if they are struck by a car traveling 30 mph compared to one traveling 25 mph.

Naples injury lawyers can explain, there is little question that excessive speed can be the basis of liability in South Florida car accident lawsuits. How big of a role it plays will depend on the underlying facts of the case.

Articles Tagged with Naples injury lawyers

“Can I Still Win a Florida Injury Lawsuit if I Signed a Waiver?”

Speeding Driver Liability in South Florida Car Accident Lawsuits