Florida law recognizes that absolute safety can never be guaranteed. Florida law simply requires that if a particular crime is foreseeable – based on prior crime in the area – and is also preventable, reasonable steps must be employed to protect customers. This is only fair. Businesses invite customers to shop with them and certainly profit when they do. The safety of customers should be a top priority for Florida businesses. 

If you, a friend or a loved one was injured by a criminal attack on business premises, it is important that you contact an experienced attorney at Lesser, Lesser, Landy & Smith as soon as possible. The attorneys at Lesser, Lesser, Landy & Smith understand that it may be vitally important to launch an immediate investigation that involves preservation of possible surveillance video on the premises, interviews of witnesses, and gathering of important physical evidence that can be time sensitive. If evidence is destroyed, discarded, lost or altered, your case may be jeopardized.

The lawyers at Lesser, Lesser, Landy & Smith have successfully handled numerous negligent security cases. We have the experience and resources available to preserve the evidence, guide you through the process of initiating a claim, and effectively present your case to a jury, if need be.

Reality, of course, is much different from television drama.  Many civil disputes are resolved before a lawsuit is even filed.  Of those that are filed, well over 9 out of 10 are settled without the client ever setting foot in the courthouse.  Florida has a very strong pre-trial mediation program.  This program is mandatory, and no case can go to trial in Florida without first going through the mediation process.  Trained mediators help the parties try to reach a compromise they can live with.  We have had great success in resolving cases through pre-trial mediation.

Of course, not every case settles before trial.  We have found that, after getting over the initial butterflies, our clients almost universally agree that the process is not as bad as they expected.  Palm Beach County is blessed with the finest judiciary in the State of Florida.  Our Judges do not allow the sort of behavior seen on television dramas, and the experience is simply not as nerve-wracking as TV would suggest.

Our lawyers have a vast amount of trial experience. Insurance companies and defense lawyers know this.

Our abilities in the courtroom allow us to resolve most of our cases before trial.  While it might be natural to have feelings against “going to court,” that should never be a reason for not pursuing a valid claim.

Florida case law provides that a private boat operator may be held financially responsible for his/her negligence. See Mihelich, etc. v. Travers, 889 So. 2d 837 (Fla. 5th DCA 2005). Although an “Act of G-d” defense (ie: bad weather) may present a valid defense, there are other factors to consider in determining whether the boat operator was negligent. For example, consider the boat owner who takes a friend out in his boat and the water gets very rough. Instead of turning back, or pulling onto the nearest dock, the boat owner decides to continue driving through the rough waters at a high rate of speed. He then drives directly through a large wave which causes his passenger to be thrown against the boat and sustain injuries. In this case, the boat operator may be found negligent for his failure to take action which likely would have prevented the passenger’s serious injuries. Regardless of the bad weather, he unreasonably failed to return to shore. If you are boating on the water, the operator of your vessel has an obligation to boat responsibly, provide occupants with life vests and follow the rules of the water. And other vessels have an obligation to boat responsibly so that everyone may enjoy their time on the water.

During 2008, the Coast Guard registered 3,331 injuries and 709 boating accident deaths. Boating under the influence contributed to 17% of these fatalities. From 2007 to 2008 The boating accident fatality rate increased from 5.3 to 5.6 deaths per every 100,000 registered recreational boats. Coast guard statistics show:

* 90 percent of drowning victims were not wearing life jackets.

* Alcohol was the leading contributor in nearly one-fifth of all boating fatalities.

* Only 14 percent of boating fatalities occurred on boats where the operator had received boating safety instructions.

* The most reported type of accident is collision with another vessel. However, capsizing and falls overboard are the most reported types of fatal accidents and account for the majority (60 percent) of boating deaths.

* Operator inattention, careless/reckless operations, excessive speed and passenger/skier behavior are the leading contributors to accidents.

Unfortunately, the vast majority of boating accidents are entirely preventable. Many collisions and accidents involving personal watercraft and other vessels are caused by negligence, intoxication, equipment failure, inadequate training, or weather and water conditions. The inexperience or the errors of the person operating the vessel also cause collisions. Under Florida law, boating operators and boat owners must display a great deal of responsibility and care in order to insure that swimmers, other boats, boat passengers, and others are not injured or killed. Boat responsibly. Wear a life jacket. Never boat under the influence. Take a boating safety course and get a free vessel check. The Statue of Limitations, which refers to the period of time within which a person must settle their case of file suit, is much shorter in water related accidents. Consult with an attorney immediately if you have a potential claim so you do not have your right to pursue this case barred as a matter of law.

Accident related statistics as well as safety tips can also be found on the Coast Guard’s website located at http://www.uscgboating.org/.

At Lesser, Lesser Landy and Smith you will always speak with an attorney. Before hiring an attorney or law firm you have the right to know about your attorney’s experience in handling cases similar to yours. Questions to ask and have answered should include “How many cases like mine have you handled?” “How many like mine have you actually taken all the way to trial?” In all of our daily travels we see TV commercials, billboards, buses, taxis and benches that advertise for attorney services. You should not just hire an attorney because you have seen such advertisement, without first checking if the attorney or the law firm is best suited to representing you.

As an injured client, you have rights before and after you hire an attorney. These rights include knowing about the attorney’s experience and knowledge in handling cases similar to yours. You have the right to know who will be working with the attorney on your case. Will the attorney you hire send your case over to another attorney to handle? If so, you have the right to know about this possibility up front, and you should feel comfortable about this and to whom the case may be referred, before you sign the contract. You, as an injured client, have the right to know and approve of who will be working on your case. Some attorneys take and handle many cases, but few attorneys are prepared to actually file the lawsuit and take the case to trial. You have the right to know if your personal injury attorney or personal injury law firm will file the lawsuit and take the case to trial if the insurance company does not offer the money compensation you deserve.

Once you have hired a personal injury attorney and signed the contingency fee agreement, you have the right to know what is going on with your case at reasonable intervals. If you already have an attorney, stop and think, does my attorney keep me informed as to what’s going on with my case? Have I received copies of letters he or she has mailed out on my behalf? If not, you should contact your attorney and question the handling of your case and expect answers that are satisfactory to you.

If you’ve hired or are about to hire an attorney to represent you for personal injuries, you will sign a contingency fee contract. A contingency fee contract is one in which the attorney takes a percentage of the total recovery at the end of the case. This means that there is no need for an injured client to pay any money for legal services until the case is resolved. If there is no recovery, the attorney will take no fee. The percentage is usually a standard 33 1/3 % from the time the attorney is hired, up until the time the attorney files a Complaint and the defendant files an Answer. Then the fee goes up to 40%, where it remains. There are exceptions to these percentages, some are by law, or by agreement, and you should understand the fee arrangement and feel comfortable speaking with your attorney about the fees to be charged.

You have the right to know about how the attorney or law firm will handle the costs associated with your case. The costs associated with your case are generally those needed to get the case moving and into a position of settlement or trial. You may find that there are attorneys who will not file a lawsuit without asking for money from you up front. At Lesser, Lesser, Landy and Smith, we never ask you for any retainer or payment of money while the case is still pending. If we handle your personal injury case, we are prepared to front all the costs until the conclusion of the case. Before signing a contingency fee contract you should know how the costs are to be handled and paid.

Being injured is not fun. But you should feel confident in your attorney’s skill, and knowledge in handling your legal case, so you can concentrate on receiving the medical care you need. If you are already represented, but are not satisfied with the representation you have, or if you are in the process of hiring an attorney, the attorneys at Lesser, Lesser Landy and Smith are available to speak with you and discuss your rights as an injured client.