When you think of personal injury law, car accidents and diseases like mesothelioma often come to mind due to the abundance of ads and outreach. However, this area of law is far broader and applies to a wide range of situations where someone’s negligence or intentional actions cause harm. Many Floridians are surprised to learn that personal injury attorneys can help them even if their unique injury situation doesn’t fall neatly into a common category of personal injury. By understanding its scope, you can better identify when legal recourse might be available if you or a loved one has been injured.
Personal injury law exists to assist individuals who have suffered some sort of harm or injury due to the misconduct or negligence of another. It applies in cases where there’s a legal obligation to act responsibly—such as the public acknowledgment to drive safely on public roads—but a breach of that duty leads to harm. As long as those conditions are met, any possible scenario could lead to a lawsuit. Unlike criminal law, personal injury law forgoes punishment for punishment’s sake, instead aiming to restore victims as much as possible to their pre-incident state.
Unexpected Situations That Fall Under Personal Injury Law
These situations aren’t unexpected or uncommon; personal injury attorneys take on these cases all the time. Simply put, these are situations where the average Floridian person might not immediately remember that personal injury lawsuits are an option:
Defective Products: There are many, many injuries caused by defective products every year, and injured parties typically overlook personal injury as a way to receive compensation. Manufacturers, designers, and sellers have a responsibility to protect the public by making sure their products are safe for consumers. A product liability claim might be warranted if a product causes harm due to a design flaw, manufacturing defect, or insufficient warnings. Instinctively, injured consumers often reach out to companies to fix the situation, but this can lead to lackluster compensation and limitations on future legal action.
Workplace Incidents Beyond Workers’ Compensation: While most Florida workplace injuries are handled through workers’ compensation claims, there are exceptions where personal injury law applies. Third parties, for example, might be responsible if they supplied your employer with inadequate, dangerous, or faulty equipment. If you have questions, reach out to Probinsky & Cole and allow our attorneys the opportunity to review your situation.
Dog Bites and Animal Attacks: Animal attacks in Florida, particularly dog bites, often provide pathways for compensation. Importantly, even a first-time attack by an animal can result in a claim, regardless of the owner’s prior knowledge of their pet’s viciousness or potentially dangerous behavior.
Recreational Activity Injuries: Most people who engage in potentially dangerous recreational activities, like ziplining or water sports, are familiar with signing waivers. Floridians signing these waivers often assume they fully relinquish their rights to pursue legal action if something goes wrong. However, waivers do not always provide absolute protection, especially when negligence is involved. Injuries in recreational settings often hinge on whether the operator provided reasonable safety measures and disclosed known risks.
The important thing to take away from this blog is the fact that your injury doesn’t need to match a clear-cut example to be a valid claim. Mesothelioma is often a clearcut case of employer negligence that causes harm, but other lesser-known injuries and diseases also qualify.
The best way to learn your options is by speaking to experienced Florida personal injury attorneys and describing your situation. If you want to learn more, contact Probinsky & Cole today for a free consultation.
