Articles Posted in Premises Liability

U.S. Sen. Rand Paul was awarded more than $580,000 in damages and medical expenses on Wednesday in his lawsuit against the neighbor who tackled him and broke several of his ribs in a dispute over lawn maintenance.

A jury in Bowling Green, Kentucky, deliberated less than two hours before delivering the award to the Republican lawmaker.

Paul had testified during the three-day trial that he feared for his life as he struggled to breathe after his neighbor slammed into him in their upscale Bowling Green neighborhood in late 2017.

The jury awarded $375,000 in punitive damages and $200,000 for pain and suffering, plus $7,834 for medical expenses.

The neighbor’s attorney said they would appeal.

In his lawsuit, Paul sought up to $500,000 in compensatory damages and up to $1 million in punitive damages.

The neighbor has already served a 30-day prison sentence after pleading guilty to assaulting a member of Congress. Federal prosecutors have appealed, saying 21 months would have been appropriate. The neighbor also paid a $10,000 fine and served 100 hours of community service in the criminal case.

The attack in Paul’s yard was motivated by lawn care, not politics.

The neighbor told the jury that he attacked Paul after watching the senator begin forming a brush pile near their property line.

The day before the attack, the neighbor said, he had burned another brush pile that Paul had created near the boundary. He doused that pile with gasoline and set it on fire, the neighbor said. An explosion burned his face, neck and arms, and he said he was still in severe pain when he attacked Paul the next day. The neighbor testified he had hauled away previous brush piles accumulated by Paul without asking the senator.

The neighbor testified that he tried to talk to Paul about his lawn maintenance concerns, but was rebuffed. Paul maintained in his testimony that he kept any brush pile on his own property.

A successful personal injury claim may allow injury victims to recover financial compensation for the following expenses and damages:

• Medical bills
• Lost income
• Future medical bills
• Pain and suffering
• Disfigurement
• Loss of consortium
• Property damage
• Emotional injury
• Economic and noneconomic damages
• Harm to one’s reputation

In some cases, punitive damages will be awarded as well. Punitive damages are meant to punish the wrongdoer for their reckless and careless behavior, and deter future negligent or intentional illegal actions.

At Whittel & Melton, our experienced Florida Personal Injury Attorneys understand the complexities surrounding personal injury cases, as well as the importance of presenting adequate evidence to support these claims. We will work diligently to compile the necessary documentation and we will consult with medical experts to effectively pursue your personal injury claim. We are dedicated to achieving the most favorable outcome possible for our injured clients.

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A 2-year-old girl has been injured after falling into the rhinoceros exhibit at the Brevard Zoo in Melbourne.

Brevard County Fire Rescue officials said the girl was taken to an Orlando hospital for treatment Tuesday afternoon. Her mother was also taken to a hospital for treatment.

The zoo’s executive director said they don’t believe the rhino’s horn touched the child. The extent of the child’s injuries is not clear.

She fell through the steel poles that separate guests from rhinos during a hands-on experience.

The zoo has offered the hands-on experience daily since 2009 without any incidents prior to Tuesday.

Zoos go to great lengths to protect both animals and visitors by making sure exhibits are enclosed properly and cages are adequately maintained. Our Florida Injury Attorneys at Whittel & Melton strongly urge parents and caretakers to closely observe children during every aspect of a zoo visit as defects can occur at any time, which can result in an animal or child coming into contact with one another and a serious injury occurring.

In Florida, premises liability laws allow injury victims to hold a property owner responsible for injuries that occur due to defects on the property. If the owners of the zoo knew, or reasonably should have known, about a hazard on the property, such as a cracked sidewalk, dangerous zoo ride, or unsafe animal enclosure, but did not take the necessary steps to repair it, the zoo could be liable for visitor injuries.

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A Walmart shopper alleges she was injured when an employee lost her footing while stocking shelves and caused the shelves to fall.

The woman filed a complaint on Sept. 7 in the Harris County District Court against Walmart Inc. alleging negligence.

According to the complaint, the woman alleges that on Sept. 7, 2016, she was shopping at a Walmart store in Houston when a Walmart employee lost her footing on a ladder while stocking and grabbed the shelf, causing the shelves to fall directly upon the woman’s head, back and hip. She alleges she sustained significant injuries resulting in pain and suffering, emotional distress and medical expenses as a result.

She holds Walmart Inc. responsible because the store failed to consider the safety of consumers present in the aisle by placing a ladder and climbing on it when it was not safe to do so and by failing to provide a spotter to steady the ladder while in use.

She seeks damages of at least $75,000, with interest, costs, attorney’s fees and such other and further relief to which she may show herself justly entitled.

Shelf collapses can often result in serious injuries. If shelves are solid or have heavier or dangerous merchandise such as electronics, appliances, or utensils, any customers in the vicinity can suffer devastating injuries, such as:

• Broken bones
• Contusions
• Lacerations
• Traumatic brain injuries
• Spinal cord injuries
• Crushed limbs

Store owners have a duty to keep their premises in reasonably safe conditions, which means identifying and eliminating hazards in a timely manner to keep customers free from harm. They are responsible for regularly inspecting the grounds for any potential dangers. If shelves are not properly installed, secured to the walls, inspected, or maintained, and a shelf collapses and causes injuries, the store owner should be held responsible. Injury victims can bring a premises liability claim against the negligent store owner to recover for losses including medical bills, pain and suffering, lost income, and other damages.

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