Premises Liability Fort Lauderdale : Law Firm : Premises Liability Lawyer

Premises Liability in Fort Lauderdale – A Property Owner's Duty to Keep Their Property Safe

As a general rule premises liability laws say that Fort Lauderdale property owners have a legal duty to keep their property in a safe condition. That "duty" or level of "care" varies depending on the type of visitor that enters the property. For example the owner of a vacant lot located in the middle of nowhere has a lesser level of care required than the local Publix store.

Visitors are divided into three classes and there are important differences in the property owner's liability exposure depending on the class of visitor.

• Business Invitees
• Licensees
• Trespassers
• So why is it important to understand the classes of visitors? If you are thinking about visiting a premises liability law firm in Fort Lauderdale one of the first things you'll be asked is where you were and what were you doing at the time of the injury. This will determine what class of visitor you were and what the legal duty of the owner is and if they are responsible for compensation.

At Martin, Lister& Alvarez we encourage people who have been injured on somebody else's property to consult with a premises liability law firm as quickly as possible after the accident to insure your rights are protected. If you have any questions please feel free to contact us for a free consultation. Read more:

Automobile Accident Fort Lauderdale : Automobile Accident Law Firm : Texting Law

Is Your Fort Lauderdale Automobile Accident Injury Worth More Than $30? 

Some alarming facts about automobile accidents in Fort Lauderdale and the rest of Florida have come to light and they all involve texting while driving. As a leading automobile accident law firm in Fort Lauderdale, we at Martin, Lister & Alvarez track the latest trends in automotive safety, personal injury cases involving automobile accidents, and of course the latest changes in local and national law regarding automobile liability.

It probably doesn't come as any great surprise that texting while driving is dangerous but when you lump the statistics together the picture becomes clearer as to just how big a problem this practice is.

Here are a few statistics gathered from a variety of sources including the NSC and the Florida Senate:

• 40% of teens have been in a car when a driver used a cell phone in a dangerous manner
• Text messaging distracts a driver's attention from the road an average of 4.6 seconds; if driving at 55mph, that's the equivalent of driving the length of a football field blind
• Text messaging has been found to increase the risk of crashing 23 times when compared to driving without distractions.

The state legislature passed a ban on texting while driving with the emphasis being on the "while driving" part. You can text or read texts while stopped, like at a light, stop sign or sitting in a Fort Lauderdale traffic jam.

The fine for texting while driving is $30 and it is a secondary offense meaning that you have to be stopped for something else before you can be cited for texting.

If you are injured in an automobile accident your cell phone or smart phone is your friend. Get pictures or video of the scene to include all vehicles involved, close ups of damage, any traffic signs or signals and if possible pictures or video of the other persons involved in the accident. This will become valuable evidence when you consult with an automobile accident attorney.

If you have questions about an automobile accident injury feel free to contact us at Martin, Lister & Alvarez for a consultation. Read more

Product Liability Lawyer : Fort Lauderdale defective Product

Fort Lauderdale Product Liability Lawyer Explains What Manufacturing Defects Means

If you have suffered a loss as the result of a defective or unsafe product you should consult with a Fort Lauderdale product liability lawyer to determine if you are eligible for compensation. The product liability laws in Florida are designed to protect consumers from products that are poorly manufactured, designed in an inherently unsafe manner, or sold without proper warnings.

Causes for Product Liability Lawsuits

In Florida there are three categories that are most commonly the basis for a product liability lawsuit:

·         Manufacturing defects

·         Design defects

·         Failing to warn and warning labels

The Florida theory of strict liability holds that a manufacturer is liable for any manufacturing defect that occurs as a result of faulty manufacturing regardless of whether they took care throughout the manufacturing process.

These cases can be complicated because of the number of potential defendants. It's best to consult with a law firm that specializes in the field and that is current on recent rulings. In Fort Lauderdale, one of those law firms specializing in product liability lawsuits is mine, Martin, Lister & Alvarez and we are always available for a no charge consultation to evaluate your case. If you have questions please do not hesitate to contact us. Read More:

Personal injury : Fort Lauderdale Attorney

How to Protect Your Rights in a Fort Lauderdale Personal Injury Case

In Fort Lauderdale a personal injury can take on many forms all of them involving discomfort, stress and confusion. They can range from dog bites to slip and falls to boating accidents to getting hit by a golf ball. Nobody sets out to get hurt so when it happens the injured party rarely knows what to do to protect their rights.

Let's first take a look at what you should do at the time of the injury:

• If there is a serious injury to you or others call 911 to get medical help.
• Your cell phone is your friend. Take photos of your injury and the injuries of others. Take shots of the location where the injury occurred. If the injury involved a boat try to get a shot with the registration number in the picture.
• Report the injury to the appropriate authorities (animal control for a dog bite, sheriff for a boating accident etc.)
• Write down the names of persons involved and witnesses. Write down how the injury occurred to the best of your recollection.
• Other than the authorities, don't speak to or give statements to anyone including an insurance adjustor without first speaking to a Fort Lauderdale personal injury attorney.

If you want to recover damages for medical costs, time off work, ongoing and future medical treatment and anxiety your best bet is to consult an experienced personal injury law firm like Martin, Lister & Alvarez, PLC. They can evaluate your case and advise you of the best course to take and give you an idea of what your case might be worth.

Personal injury cases can become very complicated. Work with a law firm that specializes in personal injury to level the judicial field. Read More:

Car accident Fort Lauderdale : Personal Injury

What to do in a Fort Lauderdale car accident

Being involved in a car accident in Fort Lauderdale is almost guaranteed to be a time consuming, frustrating and confusing experience. What you do in the immediate aftermath of an accident will determine how successful you will be if you pursue compensation from the person(s) responsible for the accident. Having represented hundreds of Fort Lauderdale residents involved in car accidents over the years we've learned what the most common mistakes are that can affect a client's ability to succeed in a law suit.

Here is a short list of pointers, dos and don'ts:

• Florida is a No-Fault insurance state which means your insurance company has to pay you regardless who is at fault. What that really means is that they want to hold the costs to a minimum and you need good documentation to get everything you are owed.
• If the accident resulted in long term disability, scarring, disfigurement or death you can pursue the responsible party for compensation.
• The first thing you want to do after the accident is to determine if you, your passengers or anybody else is injured. If they are call 911 for medical help. If you can identify who is injured note down where they were sitting in which vehicle.
• Use your cell phone to get photos of point(s) of impact, glass and skid marks. Try to identify the cars by getting shots that include plates.
• Exchange DL information and insurance contact information with other driver(s)

Lastly contact an experienced personal injury law firm who specializes in car accident lawsuits like Martin, Lister & Alvarez. We will be happy to review your case and let you know what your options are in a complimentary consultation: read more

Product Liability Fort Lauderdale : Attorney

If you want to sue for product liability in Fort Lauderdale there are a few things you want to take into consideration before contacting an attorney. Product liability lawsuits can become complicated and it's best that you are certain you have the basics of a suit before you waste your time.

In order to sue for product liability you have to meet all four of the following "elements":

• You were injured or suffered a loss
• The product was defective in some way
• The defect in the product caused your injury or loss
• You were using the product in the way it was intended when the injury or loss occurred.

Defective Products – The Tricky Part of a Product Liability Lawsuit
There are three approaches to suing for product liability and they are:

• Defective manufacturing
• Defective design
• Inadequate warning

How you pursue your case should really be determined by an attorney who specializes in product liability and who is current on the latest product liability lawsuit outcomes.

The best advice of course is finding a Fort Lauderdale law firm like Martin, Lister & Alvarez who specialize in product liability law. If you work with a firm that regularly handles product liability cases you have a much better chance of successfully pursuing a claim. Read More

Medical Malpractice | Fort Lauderdale | lawyer

Timely Filing Key to Medical Malpractice Suit in Fort Lauderdale

Medical malpractice in Fort Lauderdale is more common than most people realize. According to the American Medical Association 225,000 people die of "medical errors" each year making it the third leading cause of death in America following only heart disease and cancer. Those statistics only address deaths and do not count the countless cases of total disability, disfigurement or unnecessary pain and suffering caused by less than professional medical care.

Because medical malpractice suits typically involve substantial sums of money, the insurance companies will spare no expense on its legal defense and one of their favorite tactics is to get the case dismissed for lack of cause. This tactic points out the importance of starting a medical malpractice suit as soon as you realize that you or a loved one has become a victim.

Prompt action on your part assists the law firm that you select to gather evidence and information that might otherwise disappear or become altered over time. Filing a strong suit initially puts the insurance company on notice that yours is a serious claim and one that will go to litigation if a fair and just settlement is not reached before then.

Medical malpractice is a legal specialty and not every law firm is competent to practice it. When researching law firms ask what their experience is in the field and ask how many similar cases as yours that they might handle in a year. Experience is the key element in presenting a winning case.

At Martin, Lister & Alvarez we have extensive experience in this field. Please don't hesitate to call or contact us for a free consultation so you can know your options. Read More

Slip and fall lawyer | Personal Injury | Premises liability

Slip and Fall Lawsuits are a Tricky Business in Fort Lauderdale

If you have been injured as a result of a fall on somebody else's property you will want to consult a slip and fall lawyer in Fort Lauderdale to determine if you have the makings of a lawsuit under Florida's premises liability law. Of course not all falls warrant a lawsuit but if you have suffered a financial loss or pain as a result of the fall you should explore your options.

Falls or trips are one of the most common causes of injury in America. In fact according to the National Floor Safety Institute (NFSI) trips and falls are the leading cause of emergency room visits as well as the primary cause for missed work days. 

A 2010 change in law put the burden of proof on the plaintiff where prior to that time a property owner had to "prove" their innocence.

As a result of this change, defendants and their insurance companies are far more likely to want to litigate a claim rather than settle as their odds of succeeding in court are far better today than they were prior to 2010.

It's imperative that you contact a qualified slip and fall attorney as soon after the accident as possible.

Because the burden of proof is now on the plaintiff (you) it's important to initiate investigation quickly to gather physical evidence and testimony that may not be readily available if a significant amount of time is allowed to pass.

Slip and fall suits is a tricky business in Florida. Make certain you select an experienced legal team to press your case: Read more

Wrongful death lawyer Fort Lauderdale: wrongful death law in Florida

Tips From a Wrongful Death Lawyer in Fort Lauderdale

If you have suffered the loss of a family member and you believe it was the result of somebody else's actions you need to consult with a wrongful death lawyer in Fort Lauderdale. In Florida the definition of wrongful death appears to be pretty simple. In order to initiate a wrongful death lawsuit you have to show cause and in Florida that means:

1. The conduct of the defendant amounts to a wrongful act, negligence, default, or breach of contract or warranty.
2. The conduct upon which the lawsuit is based must have caused the death of the decedent.
3. The conduct that is the basis of the lawsuit would have entitled the person injured to file a lawsuit and recover damages if they had not died.

One of the greatest hurdles to initiating a wrongful death lawsuit and/or carrying the case through litigation are challenges from the defendant that "cause" has not been proven. Each of the elements can be picked apart and creative defense theories claiming there is no cause can be argued.

Generally speaking, wrongful death suits seek significant financial awards which serve to motivate the defendant's lawyer to test every argument he or she may have and to drag out the negotiations in hopes that the plaintiff will settle for less.

If you find yourself in the unfortunate position of needing a wrongful death lawyer make certain that the firm has extensive experience in this type of lawsuit. :Read More