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Earlier this month, another state’s supreme court issued a written opinion in a case brought by a parent injured while attending her son’s little league baseball game. The case was brought by the parent against the little league association, claiming that the association was negligent for failing to maintain the field. The court ultimately dismissed the case against the association, based on the court’s determination that the association did not owe the plaintiff a duty to keep the field safe.

Carlson v. Towne of South Kingstown: The Facts of the Case

The plaintiff was the mother of a boy who was competing in a baseball game organized by the defendant. The defendant, however, did not own the field. The injury occurred shortly after the game was over, between the dugout and right field. The plaintiff was walking out to meet her son when she stepped in a divot in the grass, breaking her leg in three places. The woman filed a lawsuit against the little league association, as well as the town. At issue in this case was the lawsuit against the little league association only.

After pre-trial discovery was complete, the association asked the court to dismiss the case. The association argued that since it did not own the field, it did not have a duty to inspect and maintain it prior to using it. The lower court agreed with the defendant and dismissed the case. The plaintiff appealed.

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The judicial system in the United States divides all cases into one of two distinct categories:  civil or criminal. However, sometimes a case will end up in both the criminal and the civil court systems. This normally occurs when a defendant’s illegal actions result in either physical injury or property damage to another person. In these cases, the jurisdiction in which the alleged crime occurred is entitled to prosecute the defendant under the criminal laws of the state. In addition, anyone injured by the defendant’s allegedly negligent or intentional actions is also entitled to bring a lawsuit seeking monetary damages.

While the same set of actions may end up bringing a defendant to court in both civil and criminal courts, the burdens of proof in each system are different. In a criminal trial, a judge or jury must find the defendant guilty “beyond a reasonable doubt.” However, in civil cases, a judge or jury must determine liability only by a “preponderance of the evidence.” These terms, while difficult to assign an exact meaning to, represent a big difference in what is required to prove a case under each system.

Man Hits Bicyclist and Then Flees the Scene

A recent example of a situation that may land a defendant in both civil and criminal courts is a hit-and-run accident that occurred in Miami Beach earlier this month. According to one local news source, the accident occurred shortly after a man allegedly hijacked a car in the area of Washington Avenue and First Street.

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Drunk driving is one of the most dangerous things someone can do while behind the wheel of a car. And in fact, the statistics reflect this with 676 deaths this year in Florida alone due to drunk and drugged driving. These represented about 28% of all fatal traffic accidents across the state.

It is for good reason, then, that the State of Florida makes drunk and drugged driving illegal. Any time a driver gets behind the wheel of a car with a blood-alcohol content of .08 or greater, they are driving drunk. Additionally, whenever someone is under the influence of any amount of illegal drugs, they are in violation of the same law. Even in cases in which a person is taking prescription medication, they may still be found to be liable if that medication influences their ability to safely drive the vehicle they are operating.

Not only is intoxicated driving illegal, but it may also be the basis of a civil lawsuit for monetary damages. Accident victims of drunk driving crashes can file a lawsuit against the drunk driver, seeking compensation for their medical expenses, time away from work, and any pain and suffering they endured as a result of the accident. These lawsuits, called negligence lawsuits, are common in drunk driving situations.

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Earlier last month, a state appellate court issued an opinion that gave the victim of a potential dog attack another chance to bring their case to trial after it was dismissed by a lower court. In the case, Grammer v. Lucking, the plaintiff alleged an injury caused, not by the dog actually biting her, but by her reaction to what she believed to be a dangerous dog quickly approaching her.

The Facts of the Case

The plaintiff was a woman who was out on a walk with her husband in their neighborhood. As they approached the defendant’s home, they noticed that the defendant had two dogs out in front of his property, one chained and one unchained. As the plaintiff got near, the dogs ran towards her. The woman’s husband stepped out in front of her, hoping to get the dogs to stop. The dog that was chained reached the end of its chain and was unable to approach the couple. However, the unchained dog continued to approach.

As the dog passed the woman’s husband, she became nervous and stepped back. As she did, she tripped and fell, injuring her elbow. She filed a lawsuit in strict liability against the dogs’ owner.

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While most people cannot fathom fleeing the scene of a serious or fatal accident, the fact remains that each year there are hundreds of fatal hit-and-run accidents across the United States. Here in Florida, as well as in other states, fleeing the scene of an accident without exchanging information with the other drivers and arranging for medical transport for the injured victims is against the law.

A hit-and-run accident may give rise to criminal liability. But it can also result in civil liability, typically through a negligence case brought by the injured victim or their family. In a negligence case, the fact that fleeing the scene of an accident is specifically prohibited by statute may make it easier for the injured party to recover damages. This is due to the legal doctrine of negligence per se.

The Doctrine of Negligence Per Se

Negligence per se is an old legal doctrine that may act as a shortcut for plaintiffs in some cases. Essentially, negligence per se stands for “negligence in itself.” The doctrine applies when the allegedly negligent conduct of the defendant is also specifically prohibited by law. For example, drunk driving, fleeing the scene of a serious accident, or texting while driving are all specifically banned by statute.

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When a Floridian is injured in an accident caused by another’s negligence, that accident victim usually will be entitled to seek compensation for their injuries through a Florida negligence lawsuit. There are several different types of damages awards that may be appropriate in any given situation, depending on the type of conduct that led to the accident, the severity of the victim’s injuries, and the effect the injuries will have on the victim’s life moving forward.

The most common type of personal injury damages award is called economic damages. These damages are meant to compensate the victim for the out-of-pocket expenses they incurred as a result of being involved in the accident. For example, economic damages in Florida include past and future medical expenses, lost wages, and decreased earning capacity.

Another type of damages award, which is also quite common, is non-economic damages. These awards are designed to help compensate for the less tangible but equally real injuries and losses they suffered as a result of the accident. For example, damages that seek to compensate an accident victim for their pain and suffering fall under this category.

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It should not come as a surprise to anyone that driving while under the influence of drugs or alcohol is dangerous. In fact, it is so dangerous that all 50 states have agreed to make it illegal to operate a vehicle while under the effects of drugs or alcohol. Not only is drunk driving illegal under the the criminal statutes of Florida, but also it can also give rise to civil liability in certain situations in which a drunk driver causes an injury to another motorist, passenger, or pedestrian.

In Florida, a driver is per se “drunk” if they have a blood-alcohol content of .08 or greater. However, even if a driver’s blood-alcohol content is below that amount, they may still be in violation of the State’s ban on intoxicated driving if they have any quantity of alcohol in their system such that their “normal facilities are impaired.” This means that a driver can be considered under the influence even if they do not have a blood-alcohol content of .08 or greater. This same analysis applies to the use of prescription drugs. If a driver is impaired by the use of a prescription drug, they may still be found to have been intoxicated under the law.

This is important for those who have been injured by a driver whom they suspect was under the influence of drugs or alcohol. The negligence laws of Florida allow for injured accident victims to seek compensation from those who are responsible for their injuries. However, before an injured party is entitled to compensation, that party must first prove that the other driver was negligent in the operation of their vehicle. One way to do this is to show that they were legally “drunk” or otherwise intoxicated at the time of the accident, and that their intoxication caused the accident.

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After being involved in a serious car accident, physical recovery is often first and foremost on an accident victim’s mind. However, even after the initial stages of physical recovery are complete, the lasting effects of serious trauma to the body are not likely to ever go away.

Whether an accident victim sustains such serious harm that they are left paralyzed, or they are one of the lucky ones and are only left with lingering pain, the fact is that the repercussions of a serious accident are something that must be dealt with for the rest of an accident victim’s life. It is for this reason that Florida does not cap the damages that can be recovered for an accident victim’s future care.

Potential Damages After a Florida Car Accident

There are several types of damages that are available to an injured Florida accident victim if he or she is able to substantiate a claim in a court of law. First, and most common, is compensation for medical expenses. This award may cover both past and future medical expenses, but it is not limited to doctor’s visits or necessary surgeries. In some cases, accident victims are able to recover the costs needed to retrofit their home so that it is more accommodating for someone with significant physical limitations. For example, wheelchair ramps and kitchen and bathroom remodeling may be necessary.

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Accidents that occur on a freeway, highway, or other high-speed road are inherently more dangerous due to the speeds involved. While it is very important that drivers always use the utmost care when driving, this is especially true when drivers are operating their vehicles on the highway. Drivers should always pay complete attention to what they are doing, and they should avoid driving while distracted while on the highway.

It goes without saying that the dangers of highway driving only increase when a driver is operating their vehicle on the wrong side of the road. While most highway on-ramps and off-ramps are clearly marked, an intoxicated or distracted driver may not see these signs or road markings, and he or she may end up traveling the wrong way on a high-speed road. This puts not just the wrong-way driver at risk but also anyone else who unfortunately happens to be traveling in the oncoming direction.

Whenever an intoxicated or distracted driver ends up traveling the wrong way on a one-way road, or is traveling in the wrong direction on the highway, an accident is very likely to occur. When it does, the driver who caused the accident may be held responsible for any injuries caused as a result of their negligence. This can be done through either a negligence lawsuit, if the accident victim survived, or a wrongful death lawsuit, if the victim died as a result of the accident. In either event, the plaintiff will need to show that the other driver violated a duty of care he or she owed to the injured party. It must also be established that the negligent act of the defendant was the cause of the victim’s injuries.

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Anyone who has successfully completed a driver’s education course knows that driving while under the influence of drugs or alcohol is against the law and can result in the intoxicated driver facing criminal consequences. However, the drunk driver may also face additional liability through a civil lawsuit brought by anyone who was injured as a result of the driver’s decision to get behind the wheel while intoxicated. This may include other motorists or pedestrians on the road, and it may include passengers in the drunk driver’s vehicle as well.

Drunk Driving Liability in Florida Courts

As noted above, drunk drivers can face criminal as well as civil liability. Criminal liability is what most people are familiar with when it comes to the penalties of drunk driving. This can include punishments like jail time, fines, and probation. However, the civil liability that can arise after a drunk driving accident can be equally significant, especially when serious personal injury results.

Drunk driving accident victims who sustain serious bodily injury can bring a lawsuit against the drunk driver, seeking monetary compensation for their past medical expenses and future medical needs, as well as for non-economic damages such as pain and suffering. These verdicts can be substantial in cases in which long-term injuries occur that will require treatment throughout an accident victim’s life.

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Contact Information
Plantation Office
8211 W Broward Blvd #460
Plantation, FL 33324
Phone: (954) 653-9969
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Phone: (305) 259-7100
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Hollywood, FL 33021
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