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Articles Tagged with Boca Raton injury lawyer

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In many auto accidents resulting in injury, it is not only the driver and/or his insurance company that may be held liable for damages. speedometer1

Sometimes, the owner of a vehicle (if different from the driver) can be held responsible, through a doctrine called vicarious liability. If the driver was working, the employer may be held liable via the doctrine of respondeat superior. Alternatively, injured persons could claim negligent hiring, retention or supervision. If the driver was a drunk minor, the establishment that served him alcohol could be responsible under Florida’s dram shop law.

And in some instances, a passenger may in fact be liable as well. Generally, this involves cases where a passenger in some way negligently asserted or assumed control over vehicle operations.

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Florida may not have snow or mountains, but vacationers here likely have one thing in common with plaintiffs in an Oregon case alleging staff negligence while snowboarding: Liability waivers. gavel21

There are many opportunities for visitors (and locals) in South Florida to engage in fun activities, such as personal watercraft rentals, parasailing, horseback riding, boating, etc. But many companies do require participants to sign a release signing away their right to sue in the event they are injured.

In many instances, courts will respect these signed waivers as a valid legal contract, so long as the signature belongs to someone over 18. However, there are circumstances under which a court may find such an agreement “unconscionable,” and therefore unenforceable – meaning injured party still retains the right to pursue litigation.

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