Blog posts of '2021' 'July'

Businesses owe all customers a duty of care

When someone gives their money to a business, they expect the product or service they purchase to perform as desired. They also expect to conduct their purchase and leave in the same physical condition as when they arrived. But this is not always what happens. Rather, businesses sometimes take actions, or fail to actions, which directly lead to their customers being injured.

Duty of care

Florida law requires all businesses to exercise a reasonable degree of care to protect their customers from harm while they are on the premises. The premises must be maintained in such a way as to prevent potentially dangerous threats from injuring people.

Dangers can take many different forms. Liquids left exposed on a floor can create a safety hazard leading to a person slipping and falling. Improperly maintained equipment can malfunction when a customer is near it or even using it. Unsecured products or shelving can fall on customers, causing serious injuries to unsuspecting people walking by.


When a business is aware, or should be aware, of a danger and fails to correct it, they have breached the duty they owe to their customers. If their failure leads to a person being injured, they can legally be held liable for their negligence.

Florida laws governing negligence give those injured the right to compensation for the injuries they sustain. But your ability to recover what you’re entitled to often turns on small facts discovered during a thorough investigation. If you are injured on the premises of another, seek the help of an experienced and knowledgeable professional to ensure you receive the compensation Florida law entitles you to.

Why do some car accident claims settle out of court?

A car accident can be a difficult experience for a Miami resident. Even though they happen frequently on Florida roads, motor vehicle collisions can cause injuries, property loss, and other damages to victims. They can take time to resolve and may create questions and concerns in the lives of those affected.

When facing these dilemmas related to motor vehicle accidents, victims can choose to work with trusted personal injury lawyers to help them answer their questions and understand their legal rights. Some victims may choose to litigate their claims while others may work toward the settlement of their claims with insurance companies and opposing parties. This post will discuss settlements and what they accomplish, but readers should understand that the contents of this post are informational and not legal advice.

What is a settlement?

A settlement is an agreement between parties regarding liability and compensation. Settlements are used in many different areas of the law, including personal injury law which covers motor vehicle accidents. When a motor vehicle accident victim settles their claims, they agree that they will not sue the opposing party in the future in return for receiving money from them to cover their accident-related costs.

When are settlements a good idea?

As stated, this post does not provide any legal advice. However, victims with minor or short-term injuries often can use settlements to resolve their legal matters quickly. When a victim has limited losses, they may be able to easily quantify them in a settlement agreement. However, when a victim has extensive losses or does not understand the true breadth of their damages, a settlement may curtail their recovery and fail to provide them with as much as they need to get back on their feet.

Whether a claim should be settled is up to a victim and their attorney. Settlements can work for some individuals but not others. Independent investigation into the benefits and drawbacks of settlements is recommended for those who have suffered losses in motor vehicle accidents.