Articles Tagged with auto accident

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A recent decision by a California appellate court has held that a golf course does owe a duty to use reasonable care to those playing golf to protect them from wasp nests on site. Such cases fall under the umbrella of premises liability, and pertain to the expectation that those who welcome guests onto their property have a responsibility to make sure they are reasonably safe, and that they are warned about dangerous conditions about which the owner/ manager knows or should know.Orlando golf course injury lawyer

As our Orlando injury lawyers have seen, golf course injuries usually tend to involve golf cart accidents, fast-flying rogue golf balls and trip-and-fall or slip-and-fall hazards. However, here in Florida, we also have amazing – but potentially very dangerous – wildlife patrons may encounter on golf courses. These include alligators (the most common large animal on Florida greens, as noted by The Guardian), pythons, bears, bobcats and of course stinging or biting insects like bees, wasps and red ants.

In terms of liability, Florida golf course owners have a responsibility to take measures to protect their guests by addressing these issues or posting adequate warning so guests can be alert and use appropriate caution. Continue reading →

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Auto accident insurance companies will always fight to limit the benefits you receive following a crash. This is true whether you are a third-party or their customer. caraccident4

All auto insurance policies define certain limits based on how much they are willing to pay per-person and how much they will pay per-accident. If the amount from the at-fault driver’s insurance company is insufficient to cover all damages, victims may want to explore recovery through an underinsured motorist (UIM) coverage policy. This could be a policy the victim held directly or one that covered the non-fault driver in a car accident wherein they were a passenger.

In the recent case of Trotter v. Harleysville, plaintiffs argued that the UIM coverage should kick in when the at-fault driver’s insurer did not pay them the full per-person amount to which they were entitled. The UIM insurer, however, argued that the total per-accident limit had been paid by the at-fault driver’s insurer, and thus it was not required to pay any more. The case was weighed recently by the U.S. Court of Appeals for the Seventh Circuit.  Continue reading →

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Auto insurance policies can contain complex legalese that can be difficult to sift through, particularly in the wake of a devastating auto accident. atv1

These policies are purchased not just because they are often required by law, but also because they offer necessary financial protections to to those who survive and also to those who survive them. However, establishing insurance liability when there are so many caveats to coverage can be a challenge.

In the recent case of Nodak Mutual Ins. Co. v. Koller, the guardian of a child whose mother perished in an all-terrain vehicle accident sought to establish maximum coverage from the insurer. The insurer, however, fought to establish that only the lesser “step-down” coverage was applicable. The outcome hinged on whether decedent driver was a household resident of the insured, his stepfather. Continue reading →

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