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Intentional Infliction of Emotional Distress

Posted on: March 21st, 2018 by pmilakovic No Comments

Winter Garden Attorneys

Intentional infliction of emotional distress is a type of harm that occurs when someone is injured by extreme and outrageous conduct.  It is a very difficult claim to prove, and it is many times frivolously alleged.  To succeed in a claim for intentional infliction of emotional in Winter Park, one must prove that the extreme and outrageous conduct caused severe emotional distress.  It must also show that the defendant’s conduct intended to cause, knew with substantial certainty it would cause, or it was highly probable to cause, and does cause severe emotional distress.  Extreme and outrageous behavior is something that is determined by the court, it is a question of law, not fact.  This claim also usually requires frequent or repetitious behavior.  Rarely will a single instance be enough to succeed.  Another common factor to successful claims is a power differential, the defendant is often a supervisor or someone in a position of authority of influence.

The Columbia Journalism Review recently reported on an interesting intentional infliction of emotional distress lawsuit.  You might recall the unfortunate death of a Democratic National Committee staffer named Seth Rich.  His homicide is still under investigation.  Recently, his parents filed a lawsuit against Fox News for pushing a false narrative that Rich was murdered because he was the source of a leak of emails to WikiLeaks.  In their complaint, they allege intentional infliction of emotional distress against the news network.  The complaint alleges that Fox News pushed a “sham story,” that they have since retracted.  According to the complaint, as explained in the article, the news network “laundered that theory through a wholly deficient story published on May 16, 2017, on Fox News’s website.”  The article goes on to say “the lawsuit is not a sure winner for the parents; it evokes emotional distress, historically a hard claim to win against the media.”  The parents allege that they have not been able to “com[e] to terms with his murder because they were repeatedly forced to relive it”; “symptoms consistent with a diagnosis of Post-Traumatic Stress Disorder … and [of] obsessive-compulsive behavior”; “feelings of anxiety…triggered by…stories in the media and by their feeling that they never know what is going to come next”; and, for Mary, “symptoms consistent with Social Anxiety Disorder.”  There are a variety of First Amendment issues that will inevitably surface in this suit.  But it demonstrates the type of claim that is often brought in a claim for intentional infliction of emotional distress.

Some jurisdictions follow a theory called the impact rule.  This rule requires the Winter Park plaintiff to prove that she has suffered a physical injury.  In other words, the severe emotional distress must manifest itself as a physical symptom.  Psychological trauma alone is not enough.  The reason for this rule is somewhat obvious.  It allows courts to more efficiently determine whether there has been an actual harm because intentional infliction of emotional distress can be such an amorphous claim.

If you or a loved one have been injured, contact the Winter Park personal injury attorneys at Bryan W. Crews.  Their expertise and decades of experience will be put to work for you.  Call today for a free evaluation of your claim.

Dog Bite Law

Posted on: March 9th, 2018 by pmilakovic No Comments

Orange County Personal Injury Attorney

This month, a Putnam County man was attacked and bitten by three dogs.  According to the article, the man “was jogging along East Cowpen Lake Road on Feb. 24 when his exercise was interrupted by three dogs.  According to the offense report, the three unleashed dogs came from one property.”  The article goes on to say that the man recounted he saw them “out of the corner of my eye, they were right on me. All I had was shorts on and shoes.”  The man stated that the “only thing I could do to keep them at bay was to try and kick them.”  Unfortunately, the dogs did not stop, even after he fought them off with a stick.  He was left with seven dog bites and multiple puncture wounds.

This harrowing account demonstrates the danger that untamed dogs can be to unsuspecting pedestrians.  You may not realize that if you are attacked by a dog, you are more than likely entitled to compensation from the owner.  Dog owners have a responsibility to train their dogs, keep them tame, and ensure that they do not attack or bite others.

Florida statute § 767.04 states that dog owners are “liable for damages suffered by persons bitten, regardless of the former viciousness of the dog or the owners’ knowledge of such viciousness.”  Section 767.04 applies to anyone in public, and those lawfully on private property.  If the person bitten contributes to his own injury through carelessness or provocation, this “reduces the liability of the owner of the dog by the percentage that the bitten person’s negligence contributed to the biting incident.”  To lawfully be on the private property of the dog owner, according to the statute, you must be performing “any duty imposed upon him or her by the laws of this state or by the laws or postal regulations of the United States,” or be there by invitation from the owner.  However, the owner may not be liable if they prominently display “on his or her premises a sign easily readable including the words ‘Bad Dog.’”  This prominent display does not apply if the one bitten is under the age of six, or if the dog owner carelessly causes the dog bite.

Some jurisdictions abide by what is called the “one bite” rule.  Another way to think about this rule is that the dog owner must be on notice that he or she is the owner of a vicious dog before the law will attach liability for a dog bite.  This is also sometimes called the “free bite” rule because dog owners will not be held liable for the first instance of biting.  As demonstrated above, § 767.04 does not follow the “one bite” rule.  In Florida, dog owners are held liable “regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness.”  Dog owners in Florida are held strictly liable for their dog’s viciousness, and their liability is only reduced if the one bit somehow contributed to the bite.

Some jurisdictions impound dogs immediately or quarantine them after an episode like the one the man from Putnam County experienced.  Other jurisdictions are laxer on their enforcement.  Regardless, it is important that if you have suffered any injury, to document it right away.  If you plan on seeking compensation for your injury, you should contact a lawyer to advocate on your behalf. Dog owners may be reluctant to take responsibility, or even pay for your medical expenses.  Dog bites can result in infection and may be so severe that they require ongoing medical treatment.  The statute of limitations may also completely bar your recovery if you do not file on time.

Bryan W. Crews is a seasoned Orange County personal injury attorney with decades of experience.  If you or a loved one has suffered a dog bite, contact Bryan W. Crews for a free case evaluation.

Understanding Assault and Battery

Posted on: March 7th, 2018 by pmilakovic No Comments

Oak Ridge Personal Injury Attorneys

Accidents caused by careless behavior constitute the vast majority of Oak Ride personal injury cases.  However, an intentional or wanton behavior is also actionable in civil court.  Assault and battery are common terms that are often misunderstood.  The Oak Ride personal injury attorneys at the offices of Bryan W. Crews will evaluate your claim for free and guide you through the process.

Assault and battery are not just criminal matters.  When someone attacks you or threatens to harm you, you have rights under the law and may seek compensation from the aggressor.  Regardless of whether criminal charges are filed.

Assault occurs when someone threatens bodily harm in a convincing manner.  To things must be present to prove assault.  First, the act must be intended to cause apprehension of imminent harmful or offensive contact.  Second, the act actually caused apprehension in the plaintiff of imminent harmful or offensive contact.  If someone threatens you, but it is unreasonable to believe that harm would occur, then there is no apprehension.  Words alone are not enough, they must be accompanied by some physical action or behavior.

Battery is an unwanted or offensive touching of another.  The contact must be intentional and non-consensual.  If consent is present, it is not a battery.  A battery can occur however slight the contact.  Even trite physical contact can constitute a battery if it is offensive and unwanted.  There are limits to this rule.  The most common exception is often referred to as the Crowded World Theory.  The theory states that reasonably necessary contact in everyday life is inevitable and must be accepted.  For example, bumping into someone in a crowded stairwell, however offensive, may technically meet the elements of battery, but will not actionable under law.

Assault and battery are terms that are usually used interchangeably.  As you can see, they are not the same thing.  Though they may occur at the same time, it is typically the resulting battery that becomes the basis for a lawsuit.  You may also recognize these terms from criminal proceedings.  The Oak Ridge personal injury attorneys at Bryan W. Crews will help you handle your civil claim, regardless of whether the prosecutor files charges.  You have a legal right to seek compensation for any injuries that result from an assault or battery.

Attractive Nuisance

Posted on: March 5th, 2018 by pmilakovic No Comments

Children are precious and full of wonder.  They are adventurous, and sometimes they find themselves in precarious situations.  Courts sometimes used the words “tender years” to describe children, particularly in the context of what the law calls an attractive nuisance.  An attractive nuisance is any object or condition that would tempt a child to trespass onto property.

Examples of attractive nuisances include discarded appliances, swimming pools, construction sites, farm equipment, trampolines, pools and fountains, and abandoned vehicles.  The issue in attractive nuisance cases is that children cannot comprehend the danger of the object.  In this situation, the law imposes a duty on the possessor of the land.  The landowner is required to secure the premises using reasonable efforts to safeguard trespassing children.

As a threshold issue, courts will determine whether the possessor of the land knew, or should have known, that the attractive nuisance existed.  Obvious examples include construction companies that fail to secure the work site, or owners or residential swimming pools that do not install a fence.  Close calls include discarded chest freezers, washers, and dryers.  Examining these close calls, courts will inquire as to where the attractive nuisance was located, whether the landowner knew its location, and whether they could have reasonably assumed it would be attractive to a child.

Another issue is whether the child trespasser could have comprehended the danger.  Entering a railroad yard and scaling a freight car would be an inherently dangerous activity for a child.  However, a court would likely find that the child could not comprehend the danger.

Depending on the attractive nuisance, courts will also apply a balancing test.  For example, the cost and burden of securing the premises may be greater than the risk the nuisance poses to children.  If this is the case, even if your child is injured, liability will not attach.  It is important to remember that technically, children in these case are trespassing.  Trespassers are generally owed the lowest duty of care by possessors of land.  However, when children are involved, the law takes into account their comprehension and the attractiveness of the nuisance.  In Florida, residential swimming pools are common, and owners are required by law to install certain protections.

If your child has been injured on the property of another, and they were attracted to the property by a dangerous condition, contact Bryan W. Crews today, your Orlando personal injury attorney.  The attorneys at Bryan W. Crews will guide you through the process, and evaluate your claim.  You may be entitled to damages and other such relief.  Each case is different, and results are not guaranteed.

Premises Liability Claims That Your Personal Injury Attorney In Kissimmee Can Help You Deal With

Posted on: February 22nd, 2018 by ContentDev No Comments

In most states, owners of the property are obliged to maintain their premises and ensure they are safe. They are legally mandated to eliminate hazards on their property and to carry out regular repairs to ensure this; if there are any hazards, they are required to give fair warning of such hazards to visitors. If an individual gets injured on the premises due to the negligence of the owner – like non-provision of hazard warnings or not fixing hazards willfully, they can file for compensation for such injuries they sustain. As one of the leading personal injury attorneys in Kissimmee, FL, we at Bryan W Crews can help you seek damages. Here we will tell you about some of the types of claims you can file and what damages you can recover:

Types of Premises Liability Claims

Slips and Falls: If no proper notices were placed warning of wet floors, uneven pavement, slippery surfaces, ice and so on, and a visitor slips and falls, it constitutes negligence on the part of the premises owner.

Elevator or Escalator Accident: Those who get injured due to malfunctioning elevators or escalators may be able to file a claim against the property owner for non-maintenance and even the manufacturer of the defective equipment.

Inadequate Security leading to assault: If a certain property is situated in a high-risk area (where crime is high) the owner is mandated to provide adequate security. If an attack occurs because of the lack of security, the owner can be held liable for any injuries or damages arising out of such attacks; e.g – mall parking lots or office complexes.

Swimming Pool Accidents: If the pool is not adequately secured and/or barricaded, a visitor may fall in; if they don’t know how to swim, it can be potentially very dangerous as well.

Amusement Park Accidents: Florida abounds with amusement parks and these are full of rides and adventure activities with huge potential for accidents if the equipment is not maintained properly. Visitors can sustain minor to potentially fatal injuries.

What Kind of Compensation Can You Recover in a Premises Liability Suit?

As a Kissimmee accident attorney, Bryan W Crews can help you to claim compensation for the following:

If you or your loved one has suffered injuries as a result of negligence on the part of a property owner, we at Bryan W Crews can help you assess your case and advise you regarding the compensation you can claim. Call us today for a FREE case evaluation!

General Assignments On Leases – Laws And Definition

Posted on: February 18th, 2018 by ContentDev No Comments

Assignment on leases is typical a  term known by everyone, yet the greater part of them don’t know about it completely.  An assignment is the transfer of rights from one party called the “assignor” to another party called the “assignee”. An assignment within a lease document may allow a person to let another individual take control over the rental installments and different obligations when he or she can’t proceed as the occupant.

Moreover, the assignment of rights under a legal agreement may permits finish exchange of rights and permit to venerate the advantages or weight inside.

Assignments may not necessarily to be the part of a lease agreement when the tenant cannot continue leasing the property for various reasons, he can shift his burden to another individual and the document must contain the clause to include the other individual to pay the lease or rent on behalf of the first party.

Let’s go through some basic definitions and concepts of general assignments on leases

Assignments of Equitable:

An Equitable Assignment is one in which one has a future interest and is not valid at law however legitimate in a court of value. According to the court equitable assignment is constituted when the following actions are taken place:  Anything said in written, In execution of an agreement and for valuable consideration, or In consideration of an antecedent debt, to place a chose in action or fund out of the control of the owner etc.

Assignments of Enforceability:

An assignment’s legitimacy and impact are determined by the law of the place of assignments. Being more specific, The contract is capable of being transferred only if it is determined by the law of the place where the contract has been created, or the debtor and creditor come to an agreement.

Contractual Rights of Assignment:

The law of assignment of contractual rights is applicable by law only if the substitution of rights would change the position or duty of the debtor. However, the assignment of a contractual would increase the burden and risk of debtor due to the contract implied.

Either it will substantially weaken the chance of acquiring the return on performance, or it will physically decrease the value of the performance.

General assignments on leases is a typical thing, by the above ideas you may be acquainted with the term, but there is a circumstance when you might be sued by your landowner for not paying the rent or lease, or by your tenant as the content for getting your property.

If the landlord or tenant is taken to the court for harms or needs to document suit, he or she would have to move toward a legal advisor to help themselves from this circumstances. Only an experienced attorney can hold your hand and pull you up from such circumstances, contact Bryan W. Crews today, To get personal advice and to break-out from the chain of sue.

Need Assistance Following A Truck Accident?

Posted on: February 9th, 2018 by ContentDev No Comments

You have come to the right place. In the event that you or a loved one has been the victim of a truck accident, an expert accident lawyer could possibly help. Due to the fact of their sizeable size, semi-truck accidents are usually complex and in most cases cause serious emotional and physical harm, and an accident lawyer can assist.

A Kissimmee truck accident lawyer can work with you when you’ve been involved in a truck accident. Bryan W. Crews will be honored to work with you and have our most experienced Kissimmee accident lawyer to help prepare your case following a truck accident.

Need An Attorney In Kissimmee, Florida?

Bryan W. Crews has experienced truck accident attorneys with real courtroom experience. With our over 30 plus years of courtroom experience, we have the reputation, experience, and knowledge to handle your accident case.

Use the contact form or call our office to connect with a Kissimmee, Florida attorney for legal advice.

How Do I Choose a Kissimmee Lawyer?

Consider the following:

Comfort Level – Are you comfortable telling the lawyer personal information? Does the lawyer seem interested in solving your problem?

Credentials – How long has the lawyer been in practice? Has the lawyer worked on other cases similar to yours?

Cost – How are the lawyer’s fees structured – hourly or flat fee? Can the lawyer estimate the cost of your case?

City – Is the lawyer’s office conveniently located?

Not Sure What Questions To Ask A Lawyer?

Here are a few to get you started:

How long have you been in practice?

How many cases like mine have you handled?

How often do you settle cases out of court?

What are your fees and costs?

What are the next steps?

Kissimmee FL- Car Accident Attorney

Posted on: February 7th, 2018 by ContentDev No Comments

Car accidents are commonplace and in Florida, there are roughly over 600,000 car accidents every year according to Florida’s Highway Safety and Motor Vehicles website.  While car accidents happen every day, not all drivers successfully recover the financial compensation necessary to address their physical and emotional loss. Every victim is different, and the facts and circumstances of each collision are different.  If you are the victim of careless or reckless driving, you may be unsure about how to proceed. Bryan W. Crews, your Kissimmee Fl personal injury attorney, will evaluate the unique circumstances of your claim and advocate on your behalf. Car accidents and injuries are on the rise.  Do not hesitate to contact the competent staff at the law offices of Bryan W. Crews.

If you have been contacted by an insurance company, proceed with caution.  Insurance companies often look out for their own best interest and their offer may not fully compensate for your medical needs or the emotional toll of your accident.  A life-changing event such as a car accident in Kissimmee can be traumatic, and perhaps overwhelming.

The impact of a car accident can be far-reaching.  Aside from your immediate medical needs, you may require ongoing physical therapy or other long terms medical treatment.  Some injuries require multiple procedures. Not all drivers carry policy limits that will fully compensate you for your injuries.  This may require recovering directly from the driver in their personal capacity. If you are not able to reach a settlement that reflects the full extent of your damages, pursuing justice through the courts may be your only avenue to compensation.  An experienced Kissimmee attorney can help you work through the legal complexities of litigation.

Remember that the insurance adjuster works for the insurance company.  Resist giving a recorded statement to the at-fault party’s insurance company, no matter how much pressure they apply.  Contact your Kissimmee attorneys at the law offices of Bryan W. Crews. All communication should take place in writing.  Do not sign any authorizations that allow the insurance company to seek your medical records. And most importantly, do not sign any settlement agreements until the competent Kissimmee attorneys have had a chance to revise them accordingly.  Insurance adjusters are not your friends, and they do not work on your behalf. Some insurance adjusters are compensated through bonuses or have other incentives to settle your case for the lowest possible amount.

Car accidents can result in any number of injuries including catastrophic injuries, loss of mobility, spinal cord injuries, traumatic brain injury, and whiplash.  Common causes of car accidents include distracted driving, intoxicated drivers, head-on collisions, fender benders, speeding, pulling out in front of your vehicle, or stopping too abruptly.   Some accidents may be caused by negligent construction vehicles on the highway. Whatever the cause, the Kissimmee lawyers at Bryan W. Crews have experience handling car accident cases.

Florida is a no-fault state.  This means that injured drivers utilize their own policy first up to $10,000.  Recovery beyond that is obtained through the at-fault driver’s insurance. In order to hold the at-fault driver liable, you must prove that they were driving negligently.  Negligence is a legal standard. To prove negligence, you must show that the driver owed you a duty of care that he breached, the breach of this duty caused your accident, and you have suffered damages as a consequence.  This legal formula is used to assign fault in car accident case in Kissimmee, and all jurisdictions.

Common Defenses To Personal Injury Claims

Posted on: February 5th, 2018 by ContentDev No Comments

The success of your personal injury claim may depend on whether the defendant asserts a viable defense.  There are a number of legal theories and defense strategies that may prove fatal to your claim. Even though the defendant is the proximate cause of your injuries, he may not be liable for your damages.  Bryan W. Crews, your Kissimmee personal injury attorney, will evaluate your case and discuss the viability of your claim.

Comparative Negligence
Florida is a pure comparative negligence jurisdiction.  This means that your damages are reduced by your degree of fault.  In a car accident, if the plaintiff is deemed 40% at fault, her recovery will be reduced by 40%.  This defense to your claim means that a full recovery is not possible. In this scenario, the defendant may make a settlement offer or an argument at trial that he contributed to the accent, but so did the plaintiff.  This is not a complete bar to recovery, but if the jury determines that you were over 50% at fault, recovery for damages becomes difficult.

Factual Disputes
Every detail of your personal injury claim will more than likely be disputed.  Documenting each and every aspect of your injury is critical to the success of your claim.  Without the appropriate supporting documentation, defendants and/or their insurance companies are less likely to make a settlement offer that adequately compensates for your injuries.  And if your claim proceeds to trial, convincing a fact-finder becomes increasingly difficult.

Defenses to Intentional Torts
In a personal injury claim involving an intentional tort, the defendant is not liable for negligent behavior if you consented to the defendant’s behavior.  Plaintiffs cannot give consent and then sue for damages. Unless the scope of the consent is exceeded. A common example of exceeding the scope of consent are medical procedures.  Patients consenting to a tonsillectomy are not giving the physician permission to perform an appendectomy. Consent can be express or implied, and Bryan W. Crews, your Kissimmee Personal Injury will gladly evaluate your claim.

The facts of O’Brien v. Cunard Steam Ship, illustrate apparent consent.  While onboard the boat, a passenger held her arm out while a doctor administered a vaccination. The plaintiff said nothing to the doctor, but later had a bad reaction to the vaccination.  The passenger sued and lost. The court held that even though the consent was not explicit, the doctor could have reasonably relied on the passenger’s behavior and overt act of extending her arm as consent to receiving the vaccination.

Self-defense, defense of others, and defense of property are viable defenses to personal injury claims.  Injuries resulting from self-defense, defense of others, or defense or property more than likely involving criminal behavior.  Florida’s statute governing self-defense may be applicable, and it has undergone recent scrutiny. But as a general rule, the use of reasonable force will serve as a defense in a personal injury lawsuit.

To understand the limits of your personal injury claim or defenses that may be raised, contact Bryan W. Crews, your Kissimmee personal injury attorney.

DUI Accidents, Dram Shop Acts, and Social Host Liability

Posted on: February 3rd, 2018 by ContentDev No Comments

If you have suffered an injury caused by a drunk driver, or someone under the influence of alcohol, you may be able to bring suit against the person or establishment that served them.  Intoxication slows response times and can lead to poor decision making resulting in injury or death. Plaintiffs injured by intoxicated defendants may not be able to obtain financial compensation from the defendant.  Tavernkeepers and social hosts may be liable for your injuries depending on the circumstance, and the law of your jurisdiction.

As a very general rule, the basic premise is this: if you are serving someone alcohol, you have a duty not to serve minors or serve someone to the point of drunkenness. This duty is not just to the person you are serving alcohol, but to any foreseeable plaintiff. Obviously, if someone on their own accord drinks to excess, they are responsible for their drunken behavior. What may not be obvious is that hosts serving alcohol in their home, or bartenders in a tavern could be held liable too.  Let’s get into the specifics.

Most jurisdictions have enacted what is called a Dram Shop Act.  The name “Dram Shop” originates from England where Gin used to be sold by the spoonful, or “dram” full. These statutory creations impose liability on vendors of intoxicating beverages for injuries resulting from the vendee’s intoxication. Some courts have imposed this liability anyways in jurisdictions that do not have a Dram Shop Act.  Most Dram Shop Acts prohibit bartenders from serving alcohol to individuals that are clearly intoxicated. Interestingly enough, Florida’s Dram Shop Act does not.

Florida’s Dram Shop Act is codified at § 768.125.  It reads:

A person who sells or furnishes alcoholic beverages to a person of lawful drinking age shall not thereby become liable for injury or damage caused by or resulting from the intoxication of such person, except that a person who willfully and unlawfully sells or furnishes alcoholic beverages to a person who is not of lawful drinking age or who knowingly serves a person habitually addicted to the use of any or all alcoholic beverages may become liable for injury or damage caused by or resulting from the intoxication of such minor or person.

The statute only imposes liability on persons who sell or furnish alcohol to minors, and persons “habitually addicted” to alcohol.  Many jurisdictions impose liability on persons who sell or furnish alcohol to those who are visibly intoxicated. Florida’s Dram Shop Act does not.

Florida’s Dram Shop Act imposes liability on vendors that serve minors or “habitually addicted” persons that cause harm to another or themselves.  Here is how it works. If Kyle, an eighteen-year-old, stops at the local bar on his way home from school for a few drinks, then causes a car accident after leaving the local bar, the local bar is liable under the Dram Shop Act to those that are injured by Kyle.  The same is true if Kyle is of legal age to purchase alcohol, but is meets the definition of “habitually addicted” under the statute.

In Florida, there is no social host liability. So, following the above example, if Kyle stops in at a friend’s house on his way home from school, whether he is of age, or “habitually addicted,” if he causes an accident while intoxicated, there is no recourse against the private party that served him alcohol.  Many jurisdictions do impose such liability, but Florida does not.

If you have been injured as the result of an intoxicated minor or “habitually addicted” person who was served by an establishment, contact Bryan W. Crews today, your Kissimmee personal injury attorney.  Bryan W. Crews is a personal injury attorney with 30+ years of courtroom experience. Bryan W. Crews has taken over 100 cases to trial and is prepared to handle your claim.

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