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Posts Tagged "nightclub"

Was The Drunk Driver In Your Accident Illegally Served By A Bar or Restaurant?

Posted by on Jan 14, 2015 in Motor vehicle accidents, Types of Accidents, Uncategorized

Was The Drunk Driver In Your Accident Illegally Served By A Bar or Restaurant?

I saw an interesting article on the insurancejournal.com website about a lawsuit that was recently filed in Wyoming by two women who had been injured in a crash involving a drunk driver.  Unlike a typical car accident case where the claim or lawsuit is brought against the negligent driver, the ladies in the Wyoming case brought their claim against the bar that served the negligent drunk driver.  According to allegations in the injured ladies’ legal Complaint, the negligent drunk driver was underage, and the people who were running the bar where the underage girl was provided the alcohol knew that she was underage. In Florida, cases like this one in Wyoming fall under a category of claims called “dram shop” cases.  Like most states, Florida law generally protects bars and restaurants from liability when one of their patrons leaves a bar or restaurant a little intoxicated and causes injuries to someone else.  However, in Florida, there are exceptions.  Florida Statute Section 768.125 make it unlawful for any person (or business) to sell or furnish alcoholic beverages to a person under 21, or to a person who is habitually addicted to alcohol, and makes the person (or business) liable for any damages caused by the underage drinker or alcoholic. As a lawyer who has handled a number of dram shop cases over the years on behalf of injured people (and the families of those killed by drunk drivers), I can tell you that putting together a viable dram shop case against a bar or restaurant can be challenging.  However, many times it is worth it when the drunk driver has limited or no insurance and there is no other avenue of recovery.  This is particularly true when the damages are catastrophic, or result in a wrongful death claim for families member whose lives have been ruined by a drunk driver. An argument can certainly be made that businesses who profit from providing alcohol to people who should not be in possession of it, and then allow them to get behind the wheel of a car, should be made to pay damages to those who have been injured by their greedy business practices. If you have any questions regarding a crash involving a drunk driver in Florida, or if you believe that the person who hit you had been drinking at a local bar or restaurant shortly before your crash, please call Winter Park personal injury attorneys Kim Cullen and Robert Hemphill at...

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Two Tragic Car Crashes In Orange County On Same Day Raise Questions

Posted by on Jan 27, 2014 in Motor vehicle accidents

Two Tragic Car Crashes In Orange County On Same Day Raise Questions

As a Florida personal injury attorney it is not rare for me to hear about fatal car accidents.  However, it is unusual to have two such accidents — under unusual circumstances — happen in Orange County on the same night. According the the clickorlando.com website, drivers of two separate vehicles were killed in two separate crashes over the weekend — one on John Young Parkway, and the other on Turkey Lake Road, in Orlando. video platformvideo managementvideo solutionsvideo player In the John Young accident, apparently the police approached a vehicle that had been reported stopped in the left hand turn lane at Interstate 4.  They found a man reclined in his seat, apparently asleep.  When the man was awakened, he seems disoriented, then quickly drove away, down John Young Parkway.  The man collided with two vehicles, and eventually sent the second vehicle — a minivan full of six (6) occupants bursting into flames.  Multiple people were taken to the hospital with injuries.  The driver who was originally found unconscious was ejected from his vehicle, and tragically died. Police are still investigating the issue of intoxication.  If the decedent is found to have been intoxicated, it would not surprise me based upon these facts, and my experience handling cases with similar facts. Because so many people have been hurt in this accident, and the likelihood that the decedent did not have a large automobile liability policy, I am hoping that the individuals in the minivan all had Uninsured Motorist coverage.  If I was one of the injured, I think I would also like to know where the driver had been that night.  If he had been provided with alcohol when he was obviously drunk by a bar or nightclub, the bar or night club could be held liable. The Turkey Lake Road case also seems like it could involve alcohol.  In that case, a driver lost control of his car for no apparent reason and crashed in to some trees.  The driver was tragically killed, and one of his passengers was seriously injured.  If I was the one injured in this accident I would keep my fingers crossed that I had enough foresight to buy Uninsured Motorist coverage. If you’ve been injured in a Florida car accident, or have questions about Uninsured Motorist coverage call Winter Park personal injury attorneys Kim Cullen and Robert  Hemphill at...

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In The Bar, Nightclub, or Event Business? Think You Have Liability Insurance Coverage?

Posted by on Nov 4, 2013 in Negligent Security

In The Bar, Nightclub, or Event Business?  Think You Have Liability Insurance Coverage?

If you are involved in the bar, restaurant, nightclub or event business, you might want to sit down before you read this blog post. We frequently get involved in cases working for people who have been injured in bars, or nightclubs, or at special events.  The injuries arise from a variety of situations ranging from falls, incidents with glasses or bottles, fights between patrons, fights with bouncers, shootings, and injuries caused by drunk drivers. Unfortunately, these kinds of things sometimes happen when alcohol is involved, and most (but definitely not all) bar or nightclub owners or event producers do the responsible thing and go out and secure commercial liability insurance.  Most bar or club owners assume that commercial liability coverage is standard from one industry to the next, and also assume that their agent will assist in securing them insurance that will cover most anything bad that might happen in connection with their business. It is usually not until shortly after reporting a claim that many bar and club owners realize that many — and maybe most — modern bar, nightclub, or special event commercial liability insurance policies are chock full of exceptions and exclusions.  For example, many companies attempt to exclude coverage to bars and nightclubs for incidents arising out of alcohol use.  How many incidents that happen in a bar that lead to a personal injury claim do you think do not arise out of alcohol use?  Business owners are often shocked to learn that they have been paying for insurance that is essentially worth nothing to them.  Likewise, many nightclub operators are stunned to realize that their assets are now at risk from a negligence lawsuit because insurance won’t cover a claim. Savvy business owners will stay involved in the insurance procurement process.  They will ask lots of questions — particularly about coverage exclusions.  A wise bar or club owner would probably insist that alcohol-related incidents, and assaults and battery claims be covered — since these are the most frequent claims that we see in our offices as personal injury lawyers.  Nobody injured by negligence in a restaurant, bar, nightclub, or at a special event, wants the business owner to be harmed, but they do expect to be compensated for their damages. If you have any questions regarding liability insurance coverage for a bar, nightclub, or restaurant, or if you have been injured in one, call Winter Park personal injury attorneys Kim Cullen and Robert Hemphill at...

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