(877) 244-6420 - Call for a free consultation with a Florida Accident Attorney

Posts made in June, 2013

Security Guard Flees Scene Before Shooting, Leads To $55M Negligent Security Verdict

Posted by on Jun 25, 2013 in Negligent Security

Security Guard Flees Scene Before Shooting, Leads To $55M Negligent Security Verdict

Once a security firm has been hired to provide security for a business like an apartment complex, the security firm owes residents and guests a duty to utilize reasonable care in the manner in which it provides those security services. When a security firm doesn’t use reasonable care, bad things are bound to happen. According to a piece on the InsuranceJournal.com website, a Southern California jury recently awarded a young man $55 million for a negligent security claim he brought against a private security firm after he was shot nine times at an apartment complex. Evidence in the case showed that the security guard assigned to the plaintiff’s apartment complex not only failed to break up a small party of men who were allegedly gang members, but also failed to warn the Plaintiff and others that the area where the gang was gathering was dangerous. According to the evidence at trial, after seeing the group of men, the security guard went to wait in his car, listened to the radio for a while, then left the scene. The plaintiff was 17 years old when he was shot. He has undergone 56 surgeries, has had both of his legs amputated, and has had almost 40 percent of his stomach removed. Although this case occurred in California, the same legal concepts regarding liability apply here in Florida. If the security company knew of a danger to the complex residents, it had a duty to either warn them or take measures to protect them. A failure to do so exposes the company to potential negligent security claim. If you or a loved one have been injured at a business that should have had better security, or have questions regarding a Florida negligent security claim, call Winter Park negligent security attorneys Kim Cullen and Robert Hemphill at...

Read More »

Bus Or Taxi Accident? Common Carriers Owe Highest Duty Of Care In Florida

Posted by on Jun 24, 2013 in Motor vehicle accidents

Bus Or Taxi Accident?  Common Carriers Owe Highest Duty Of Care In Florida

I was reading an article on the Insurance Journal website about a significant Kentucky bus accident, that I thought might be instructive to anyone in Florida who has been involved in a bus, taxi, or similar accident. In the Kentucky accident, 30 high school students and 4 adult passengers were seriously injured when the charter bus they were traveling in on Interstate 64 careened across three lanes of traffic and crashed into a concrete median. Investigators think the bus may have been poorly maintained, or had a mechanical issue. The bus driver has also been blamed. Some of the children on the bus were seriously injured. One young lady suffered a broken back, a concussion, and a shattered elbow. Other children are suffering from similar orthopaedic and closed head injuries. Because my practice is limited to handling significant Florida motor vehicle crash cases, I don’t know what the law is in Kentucky.  But in Florida, “common carriers” like bus companies, taxi cab companies, and similar operators owe passengers the highest degree of care for their safety. This special duty presumably applies to both the operation of vehicles, as well as their maintenance and repair. In other words, the reasonable man standard does not apply to common carriers. If you have been involved in an accident involving a common carrier, it is important for you to understand your legal rights. For more information, call Winter Park personal injury attorneys Kim Cullen and Robert Hemphill at...

Read More »

Lying About Your Injuries? Florida Accident Attorney Says Please Seek Assistance Somewhere Else

Posted by on Jun 13, 2013 in Uncategorized

Lying About Your Injuries?  Florida Accident Attorney Says Please Seek Assistance Somewhere Else

Insurance companies would have the public believe that every personal injury law firm has a file drawer full of clients who are faking their injuries or staging accidents in order to become injured. Not only are insurance companies mistaken, but I can assure you that nobody dislikes fakers and frauds more than professional, well-established personal injury attorneys and their legitimately injured clients. This was driven home for me by a piece I recently saw on the ClickOrlando.com website. The article was about a supposedly injured U.S. Postal Service worker who was recently found guilty of defrauding the federal Workers’ Compensation program by faking an injury. The postal worker had insisted that she could not stand, sit, kneel, squat, climb, bend, reach or grasp. Meanwhile, she was seen zip-lining on a cruise vacation, as well as appearing on television on the Price Is Right game show and spinning the “Big Wheel” there. I have absolutely no sympathy for somebody like the postal worker described in this story. Not only is a person like this clearly committing a crime, but she is also ruining the justice system for other people at the same time. When members of the public (i.e. potential jurors) hear stories about people committing these kinds of crimes, it understandably raises their level of skepticism about every person claiming an injury. This kind of heightened — sometime almost unreasonable — skepticism makes my job as a Florida accident attorney more difficult, and it makes it more difficult for truly injured people to achieve a fair result in the legal system. This is why nobody dislikes fakes and frauds more than we (and our clients) do. If you have a real injury from an accident that actually happened, and you have questions about your claim or legal rights, call Winter Park personal injury attorneys Kim Cullen and Robert Hemphill at...

Read More »