Accident Lawyer

Accidents may occur anywhere under any number of circumstances. Some accidents are caused by the accident victim’s own carelessness, while others are the result of defective products to which a victim has been exposed or the negligence of another individual or entity. When an accident victim’s injury or death is due to someone else’s negligence or a defective product, the injured victim or the deceased victim’s family may be entitled to compensation through legal action against the responsible parties.

If you have been injured or a family member has been killed in an accident and you suspect that your injury or loved one’s death was caused by someone’s negligence or a defective product, you may be able to recover damages through the institution of a product liability, negligence, or wrongful death action. The Killino Firm’s West Palm Beach, Florida, accident attorneys have extensive experience with all types of accident cases, including those arising out of injuries and deaths caused by negligence or defective products. Contact The Killino Firm at 561-835-9898 for a no-cost evaluation of your case and more information about your legal rights and options.

Legal Liability for Accident Injuries or Deaths

An accident victim’s injury or death may be caused by the carelessness of someone who owes the victim a duty of care for the victim’s safety or by a victim’s exposure to a product that reached the market in a defective state. In some cases, a party’s negligence may combine with a product defect to cause a victim’s injury or death and result in the liability of several defendants.

Negligently Caused Accident Injuries or Deaths

Accidents that often occur as a result of someone’s negligence include traffic accidents caused by the negligence of one or more drivers, accidents on private or public property, and accidents in buildings owned or leased by business owners. All drivers owe a duty to exercise reasonable care for the safety of other drivers and pedestrians while on our highways, streets, roads, parking lots, or other areas in which motor vehicles may be driven. Pedestrians are entitled to be given the right of way in crosswalks, for example, so that a driver’s failure to give a pedestrian the right of way may result in the driver’s liability for the pedestrian’s injury or death if it is determined that the pedestrian’s injury or death was caused by the driver’s negligence.

Traffic accidents that are caused by the negligence of one or more drivers may also cause an accident victim’s injury or death. The violation by such drivers of rules of the road or other traffic laws may be found to constitute negligence per se, resulting in the drivers’ liability for any accident victims’ injuries or deaths determined to have been caused by the drivers’ violations.

Accidents on a business owner’s premises may also result in a victim’s injury or death and the liability of an owner whose negligence is determined to have been causal of the victim’s injury or death. A hotel owner, for instance, may be found liable for injuries or deaths to patrons who have fallen or tripped inside the hotel or outside, on hotel grounds, sustained fatal or non-fatal drowning injuries in the hotel’s pool, or sustained injuries through the ingestion of tainted or spoiled hotel food. If such an injury or death is found to have been caused by the negligence of hotel employees, the employees may be found liable, as well. In addition, maintenance companies and their employees who have been hired by hotel owners to maintain a hotel’s premises may be found liable for injuries or deaths determined to have been caused by their negligent maintenance.

The owners of other premises may also be liable for injuries or deaths sustained by someone while on the premises. Liability for such injuries or deaths will depend on the characterization of the injured person under premises liability law, however. Business invitees, such as repairpersons or customers who are on an owner’s premises for business purposes, are owed the highest duty of care for their safety while on an owner’s premises. Licensees, such as neighbors or friends who visit a property owner, are owed the second highest degree of care for their safety while on an owner’s premises. Adult trespassers are owed the least degree of care, which consists of the duty to warn a known trespasser of dangers not likely to be recognized by the trespasser. If the trespasser is a child, however, the property owner has the duty to take reasonable precautions to prevent injury to the child from any dangerous conditions on the owner’s property.

Accident Injuries and Deaths Caused by Defective Products

When a victim’s accident injury or death is caused by the victim’s use of or exposure to a defective product, the designer, manufacturer, and others in the chain of the product’s distribution may be found liable for the accident victim’s injury or death. Product liability actions to recover damages for an accident victim’s injury or death are usually brought as strict liability claims, which enable a plaintiff to establish the defendants’ liability without proving that any of the defendants was negligent in producing the defective product or in releasing it to the market. Defective motor vehicles, defective sports equipment, and defective medical equipment are among the many products that can cause a victim’s injury or death and result in liability by such defendants.

Contact Us

If you have been injured in an accident or one of your family members has died due to someone’s negligence or a defective product, The Killino Firm’s West Palm Beach, Florida, accident attorneys can help you obtain the compensation to which you and your family are entitled. Contact The Killino Firm at 561-835-9898 for expert and experienced assistance with your accident case.

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The Killino Firm's West Palm Beach attorneys work tirelessly for each and every client and do what it takes to get the results our clients deserve.
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Date published: 03/05/2015
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