Articles Tagged with Broward injury lawyer

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Given that school is where students spend roughly a third of their day, it’s no wonder it is the site of many injuries. School districts can be successfully sued for negligence resulting in child injury, but cases must overcome assertions of sovereign immunity, damage caps and denial of duty owed.

The kinds of injuries for which schools may be responsible include playground injuries, sports-related injuries, bullying-related injuries, school bus accidents or general premises liability injuries related to dangerous conditions on school grounds. The Centers for Disease Control and Prevention indicate the cost of playground injuries alone in the U.S. is $1.2 billion.

However, as the recent case of Halvorson v. Sweetwater County School Dist. reveals, these cases may be fraught with challenges for plaintiffs. That’s why having an experienced injury lawyer is critical.

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Increasingly, companies and service providers require consumers to sign liability waivers, effectively agreeing to sign away their right to seek recompense should injury result from the activity or service.

In large part, courts have upheld the viability of these documents, considered formal legal contracts. This is why people must be extremely wary in signing these waivers.

However, this does not mean the existence of a waiver completely extinguishes a person’s ability to pursue civil litigation. To start, no waiver protects an entity from liability for an intentional tort or acts of gross negligence. Beyond that, the Florida Supreme Court has held such agreements are only enforceable when intent is “clearly and unequivocally stated.” (University Plaza Shopping Center v. Stewart, Fla. 1973). When the language is over-broad, plaintiff may have grounds to assert the specific dangers of the underlying activity were not apparent or disclosed.

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