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In Regalado v. Callaghan, defendant was a subcontractor with a license to do concrete jobs and wanted to build his wife’s dream house according to court records.  In order to save money on the project, defendant chose to be the owner-builder of his new home.

1341083_neglected_poolAccording to the relevant state regulation in the jurisdiction, an owner-builder can personally obtain all necessary permits and serve in the place of a general contractor in terms of responsibility on the project.  Once he had obtained the proper permits, he did all of the concrete work himself and then hired subcontractors to perform the other needed work. Continue reading

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Hollaway v. Direct Gen. Ins. Co. of Miss., Inc., a case from the Supreme Court of Kentucky, involved a car accident in the parking lot of an apartment complex where the vehicles were both traveling at very low speeds. There were differing accounts of what actually happened in this car accident.

parking lotOne party testified that he was driving a friend’s car with that friend in the passenger seat at the time. At this point, both occupants of the car noticed another vehicle backing out of a parking space about 25 feet from them.  They further testified that they stopped their vehicle to allow the other party to continue to back his vehicle out of his spot.  However, they then claimed the other driver turned towards them as he was backing out and did not stop driving until the rear of that vehicle crashed smashed into the front of their vehicle. The driver claimed there was no way to get out of the way of the other car as it was reversing towards them. Continue reading

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In Huang v. The Bicycle Casino, an appeals court in California was tasked with weighing the issue of liability of a common carrier.

For example, if you are injured while riding in friend’s car, and that friend was at-fault in the accident, your friend would be held to the ordinary standard of care as in any other negligence case.  The reason for this is because your friend is not a common carrier of passengers. However, if you are riding with a driver working for a bus company and you were injured as a passenger – even as a guest of a free shuttle – the driver (and vicariously, the company) would be held to a higher standard of care.

roulette-de-casino-1426072In Huang, plaintiff was injured when she was getting on board a shuttle bus provided by defendant’s casino.  When plaintiff sued, defendant casino claimed it should not be held to a higher standard of care because as a casino, it was not a common carrier of passengers. Defendant that the free shuttle was provided as a courtesy for customers, but it were not engaged in the business of carrying passengers from one location to the other. Continue reading

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At some point in our lives, most of us have engaged in an activity for which we were required to sign a release of liability.  If we have children, we have certainly had to sign participation forms for our children before they are allowed to go on field trips or participate in any number of activities, including sporting events.

jumping-boy-1240200In Duhon v. Activelaf, LLC, participants at defendant’s indoor trampoline park were required to sign a participation agreement prior to using any of the equipment in the facility.  While many people are familiar with trampolines and have likely been on one at some point in their lives, they may not realized they can actually be quite dangerous. Many people suffer serious head and neck injuries on them that can result in permanent paralysis or even death. Continue reading

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Cleveland Nursing and Rehabilitation, LLC v. Estate of Annie Mae Gully, a case from the Mississippi Supreme Court, weighs whether a nursing home breached its duty of care to an elderly patient who died after complications form a fall. Plaintiff who was a resident at a nursing and rehabilitation home run by the defendant.

nursesWhile she was living at the nursing facility, she fell and broke her hip.  As a result of this slip-and-fall accident, she underwent a surgical repair of her hip, but there were serious complications from the injury and her surgery, and she died less than a week after the accident. Her family filed a lawsuit against the nursing home in which they alleged wrongful death as a result of defendant’s gross negligence. Continue reading

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In Goodwin v. Al J. Schneider Co., a case recently weighed by the Kentucky Supreme Court, plaintiff was injured while attending a convention at a hotel and conference center owned by defendant.  Plaintiff was staying at the hotel with his wife and was injured while taking a shower.

wheelchair5According to court records, plaintiff was tying to step into the bathtub to take a shower when he slipped and fell to the floor, thus injuring his knee.  In his personal injury lawsuit following his slip-and-fall accident, plaintiff alleged that this bathtub did not have a grab bar, and there was not a bathmat at the bottom of the tub. He also testified that, after the fall, the hotel gave him a bathmat, and that he learned that other guests had bathmats in their rooms. Continue reading

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We have seen a lot of news coverage around the country about police-involved shootings and the protests that increasingly follow.  One recent shooting in Charlotte that has led to considerable protests from the community and across the nation was partially captured on cell phone video where the wife of the decedent can be heard yelling not to shoot her husband and that he has a “TBI” or traumatic brain injury and cannot understand what the police were telling him to do.  After the shooting, the decedent’s family told CNN that he had recently survived a nearly fatal motorcycle accident and suffered a traumatic brain injury that left him with substantial brain damage.

skull-1415989In light of this case, CNN decided to take a closer look at what it means to have a traumatic brain injury and also the cause of traumatic brain injury.  There are various possible causes for a patient to suffer a traumatic brain injury, and while some of these causes do not involve any type of impact, the vast majority of traumatic brain injuries occur following a serious accident. Continue reading

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According to a recent news report from the Daily Caller, Joe Scarborough’s 25-year-old son has just suffered a traumatic brain injury (TBI) after falling down a flight of steps.  He is currently in Bellevue Hospital in New York City.   Scarborough is currently working on a MSNBC show called “Morning Joe”’ along with co-host Mika Brzezinski.  Both Scarborough and his co-host have made a lot of headlines recently do to their ongoing feud with Donald Trump during this presidential election race.

brains-1426619Scarborough announced his son’s injury on his daily broadcast in which he said he son suffered the traumatic brain injury after landing on his head and fracturing his skull.  Scarborough has also said his son’s condition is now stable, but it was extremely “touch and go” for the first several hours after he was admitted to the hospital. Continue reading

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Jose Fernandez, a 24-year-old pitcher for Miami Marlins was the clear choice for staff ace and was at the beginning of a promising career when he was tragically killed in a boating accident in Miami.  Fernandez was a two-time All-Star selectee and was expected to be the anchor of the Marlin’s rebuilding effort for many years to come.

marina-1449492According to a recent news report from the Sun Sentinel, the United States Coast Guard was out on a routine patrol when they discovered a 32-foot center console fishing boat crashed upside down on a rock jetty extending into the harbor.  When they approached the boat, they saw no sign of survivors and called for a team of Coast Guard master divers to lead a search and recovery operation. Continue reading

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When we drop our children off at daycare, we hope for the best and assume they will be fine. However, there is always a chance that an accident will happen.  Day care workers and administrators have a duty to ensure your child is protected from unreasonable and/ or foreseeable hazards. When they fail, they may be held liable.

eating-snake-1404011Whether an accident is preventable or not may come down to a case-by-case determination, but it has a lot do do with whether the accident was foreseeable.  The more common a certain type of accident is, the more foreseeable it may be. Continue reading

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Disclaimer – The settlements above are only a sample of cases represented by our office. Each case is different and the amount of a potential resolution of your case will vary considerably depending on a substantial amount of factors. Some case results were worked in conjunction with partnering law firms.

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