Legal Question in Personal Injury in Florida

Re: Personal Injury

No -- not unless the speedway did something that was negligent. From your e-mail, that does not appear to be the case.

Re: Personal Injury

As a follow-up to my earlier answer, I just read an online legal news article about a person who got injured in New York when two concertgoers got into a fight and one fell on her. I thought you might like to read it. The story can be found here:

http://www.law.com/jsp/article.jsp?id=1185268004202

Scott R. Jay, Esq.

Re: Personal Injury

Yes - and potentially more. Retain a lawyer immediately.

Re: Personal Injury

no

Re: Personal Injury

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

There is not a clear cut answer as to liability. Generally, you would have to prove that the speedway was negligent or provided a negligent condition that caused the person to fall and injure your wife in order to collect any damages. The Speedway will also want to examine any possible contributory negligence that your wife might have committed such as wearing improper shoes or the like.

In your wife's situation, and based on the severity of the injury, they might be willing to cover the expenses you questioned in order to avoid any possibility of further liability. Before discussing this with the representatives of the speedway, however, you should speak with personal injury attorneys to get input on what they believe you might be entitled to. Bring copies of any incident reports filed at the time of the injury, available medical records and any other pertinent information you might have.

Scott R. Jay, Esq.

Re: Personal Injury

I have not become completely familiar with all of the facts in your particular case and am not offering you a definitive legal analysis.

However, from the information you have given, it does not appear that the Speedway conducted themselves in a manner that would have contributed to this fan's otherwise act. Without some act of negligence on the part of the Speedway they are not liable for your wife's injuries. However, some corporations carry a type of insurance that may pay some of your wife's medical bills regardless of fault. I would suggest that you contact the Speedway and ask if they carry any medical payments insurance that might assist in paying some of the medical bills you are dealing with.

Re: Personal Injury

Dear Sirs:

You may have a case both against the manufacturer of the chair as well as the speedway.

We would need to act quicktly to preserve the evidence. A motion for a protective order, requring the chair to be preserved, should be filed immediately.

We have successfully handled many such cases in the past.

Sincerely,

John C. Wunsch, P.C.