Legal Question in Personal Injury in Florida

I was having coffee outside of a Dunkin Donuts coffee shop seating at their tables

9-28-2015, there was a unlicensed & uninsured painter hired by the coffee shop using aerosol paint for the shop owner, I was accidently sprayed with the aerosol paint I needed 911 assistance and was taken to the hospital by ambulance with congestive heart failure, admitted for 3 days, then follow up with my primary care Doctor.

The shop owner�s insurance company claims there is �pollution exclusion �to the policy. The insurance company wrote of exclusions in their denial of coverage letter, but never included the words total pollution exclusion or sudden and accidental exemption in their that letter. Is it your opinion that the Insurance Company is correct? In addition, do you think that the sudden and accidental occurrence would not be covered by the policy? and whatever other information. Would assist me with this situation. Are you taking these type of liability case�s or do you know a attorney that handle this type?

I would like representation, to try to settle with the owners of the Dunkin Donuts because of what I believe to be there negligent action of hireing a unlicensed & uninsured person.

Please contact me at: [email protected]


Asked on 5/31/16, 6:59 pm

2 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

Negligence is the failure to use due care. The likelihood is that the paint company, if they failed to exercise due care in the work being done, could be responsible in negligence for their actions. There is not claim for DD hiring an unlicensed and uninsured entity. They may be responsible for the actions of their agent however. that said without seeing the policy it is impossible to know if the pollution exclusion applies or not. The lack of insurance only means the DD does not have insurance for the loss, it does not mean you don't have a claim. You can still pursue it against the uninsured store owner. You have to have medical support for the relationship between your permanent injuries and the negligent actions.

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Answered on 6/01/16, 2:28 am
Tina Willis Tina Willis Law - Orlando

Everything Barry said is correct. But it seems a stretch to me that paint spray would cause congestive heart failure. Maybe you meant your reaction was worse because you already have congestive heart failure? In any event, you would need your treating doctors to agree that the spray caused your heart failure OR a worsening of a pre-existing heart condition. That's another way of saying that any negligence of the painter caused your injuries. Plus, other aspects regarding the relationship between the painter and the store would have to be explored. You shouldn't have started dealing with DD without first trying to call a lawyer. Injured people trying to read and interpret insurance policies or exclusions is always a disaster. I couldn't accept this case. But other lawyers might -- all lawyers have different intake standards that are often more limiting than the law itself. In other words, you might technically have a case, but may or may not be able to find a lawyer. Whether this would be covered by the policy depends on the policy language, not what the insurance company says or doesn't say in their letter. That makes no difference.

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Answered on 6/02/16, 6:47 am


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