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Sarasota Florida Construction Law And Personal Injury Blog

Young children and pedestrian accidents

There are many different risks that young children face each day, but traffic accidents are especially concerning. Not only do kids face the risk of being involved in a traffic crash while riding in a vehicle (especially teen drivers), but they may also be hit by a car while walking to school or playing near the road. Moreover, young children may cause traffic crashes if they play in the road or interfere with traffic in some way (such as losing control of a skateboard or sending a ball onto the roadway).

If you are a parent, it is important to help protect your kids, especially if you live near a busy road or your kids frequently find themselves alongside the road for any reason. Some children, especially those who are very young, should not be left unattended. For example, a toddler may walk onto the roadway and a driver may be unable to avoid hitting them.

If you are not trained, can you help on the scene of an accident?

Being in control of a motor vehicle is a tremendous responsibility. You might remember how scary it was to get on the highway the first time as a teenage driver. At the same time, it may have been thrilling.

While it might seem as though you are only responsible for your own vehicle, the greater reality is that you must watch out for others as well. Remaining alert to what is happening around you can potentially help you avoid an accident. It can also make you aware of those who need your help.

What types of autonomous cars are there?

If you are like a lot of people who live in Florida, you have heard much about the development of self-driving cars. Whether or not you are supportive of these vehicles, it is wise to gain an understanding of them as it is likely they will be implemented more and more in the coming years.

One thing you should know is that all vehicles with autonomous driving capabilities are not the same. In fact, Techopedia indicates that the Society of Automotive Engineers has identified six distinct levels of autonomy in vehicles. The lowest level is something that might fit the profile of a vehicle 20 years old as the level zero vehicles have absolutely no autonomous capabilities at all. At the other end of the spectrum, level five vehicles are completely automated and would never include the involvement of a human to operate.

What you should know about aggressive driving

Thousands of motorists fill the highways and roadways of Florida on a daily basis. Everyone is rushing to their destination, and a number of people get angry while doing so. According to data released by AAA, nearly 80 percent of drivers across the country admit to driving in an aggressive fashion at some point. Whether you are trying to get home from work or are rushing to get to an important meeting, it can be frustrating to be stuck in traffic. Yet, aggressive driving behaviors can quickly turn deadly. The National Highway Traffic Safety Administration reported that 56 percent of fatal car accidents involved aggressive driving behaviors. As a way to prevent these catastrophic accidents from occurring, you should be aware of the signs of road rage and know what to do if you see them.

The Insurance Information Institute lists several common road rage behaviors, including the following:

  •          Making improper turns
  •          Erratic lane changing
  •          Speeding
  •          Following too closely
  •          Failing to follow traffic signs and signals
  •          Falling to yield to other drivers’ right of way

How Florida statutes define premises liability

Some people may seem more "accident-prone" than others, but when there are dangerous conditions on someone else's Florida property, you do not have to be uncoordinated to be susceptible to falling. The team at Dana J. Watts, Attorney at Law, often counsels clients about their options for compensation after an injury caused by someone else's negligence.

How do you know if negligence was a factor in your accident? The Florida premises liability statutes explain how you can tell if the property owner's failure to maintain safe conditions makes him or her liable for your damages. 

What are some common causes of construction disputes?

If you are thinking about developing or renovating real estate property in Florida, it’s a good idea to do some research on the construction industry. One good place to start is common causes of construction disputes.

If you have a good relationship with your builder, then you may have already decided that a construction dispute is unlikely. However, knowing the causes of construction disputes can help you tailor your contract, so that the most likely reasons for dispute are mitigated against. With that in mind, here are some of the most common reasons for construction disputes.

Why parents should watch a child for signs of a TBI after a crash

Most parents in Florida have the underlying fear that their child will sustain a serious injury, and a traumatic brain injury may be the scariest type. TBIs can happen anywhere, during any activity, but one of the most common causes, as Johns Hopkins Medicine points out, is car accidents

Because a TBI can affect every aspect of a child's life, it is critical to identify symptoms as quickly as possible.

Elements of a breach of contract and materiality

Contractors in Florida rely on their contracts to maintain and further their business. When the other party fails to fulfill the terms of the contract, it can cause considerable financial difficulties.

In many cases, the contractor may be able to file an action against the party that breached the contract.

The necessity of good communication in construction

As in any industry, communication is the foundation of success within construction. Unlike traditional office settings however, where employees have been groomed and prepared to successfully communicate, many construction workers and subcontractors must learn this skill on the job. Despite what many people say in an interview, few of us are great communicators. Great communication is one of the ways that construction disputes can be prevented.

 

What is the attractive nuisance doctrine?

It may be commonly understood that if one enters another's property in Sarasota without permission, they assume the risks of whatever that property's features may pose. This standard of liability is based off the assumption that the trespassing individual should know and recognize the risks those features pose. Yet what if the trespasser is your young child? Are they expected to know (as an adult does) that something that seems attractive to them might also be dangerous? 

This is the argument that the legal principle known as "the attractive nuisance doctrine" is meant to address. Young children are recognized as not having the understanding to discern that a particular feature or attraction might be dangerous. Because of this, the responsibility is placed on the owners of the properties on which such attractions or features are found to protect kids from them (or at least limit their access to them). Furthermore, those same property owners could be held liable if they failed to do so. 

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