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Q & A

Does negligence always have to be proved in order to form a basis for liability in a Civil Trial?

Answer: Not always

In “Strict Liability” cases, the plaintiff does not have to prove the defendant’s negligence in order to form a basis for liability. It therefore does not matter if the defendant was indeed negligent or acting in good faith. As its name may suggest, strict liability cases are very limited in scope. Because the defendant’s negligence is not necessary to prove liability, strict liability cases usually revolve around inherently dangerous activities. Such activities, for example, include animal attacks or dog bites, use or storage of explosives (common in demolition projects), transportation or use of hazardous materials, and the manufacturing of defective products.

The Tallahassee and Panama City personal injury lawyers at Scott & Wallace represent injured plaintiffs in a variety of civil matters. If you have questions about your case, do not hesitate to contact the Tallahassee and Panama City personal injury lawyers at Scott & Wallace for a free consultation.

Differences between Civil and Criminal Law in Florida

Most people are much more familiar with criminal law than civil law due to the high publicity of criminal trials and the implications of criminal punishment. So it is not surprising that many people confuse the legal principles used in criminal law with those used in civil law. This blog post is intended to show some common mistakes many people make between these two different types of law.

First, there are several important differences between parties in a criminal trial and a civil trial. A criminal trial is initiated by the state (Florida). In a criminal trial the state is referred to as the “Prosecution.” The person who is charged with committing a crime is referred to as the “Defendant.” On the other hand, the injured party, who is referred to as the “Plaintiff,” initiates a civil trial. Similar to a criminal trial, the person that opposes the plaintiff is referred to as the defendant.

Second, one of the most fundamental differences between a criminal trial and a civil trial is punishment. In a criminal trial, a defendant who is found guilty will be punished by (1) probation, community control, or jail time, (2) paying a fine to the government, (3) or, in the most extreme cases, potentially the death penalty. On the other hand, in a civil trial, the defendant is NOT found “guilty” or “not guilty,” instead the defendant is found “liable” or “not liable.” A losing defendant in a civil trial is NEVER put in jail. Rather, a losing defendant in a civil trial will be held liable for money damages. There are two types of money damages. The first type of money damages is intended to compensate, or “pay back,” the injured party for the harm done to them. These (compensatory) damages, for example, can be reimbursement for the plaintiff’s medical expenses, the plaintiff’s pain and suffering, the plaintiff’s lost wages, or several other forms of reimbursement that are intended to make the plaintiff whole. The second type of money damages is intended to punish the defendant. The jury only awards (punitive) damages to the plaintiff when the harm results from an extremely bad act by the defendant. In Florida, punitive damages are limited to a 3:1 ratio to compensatory damages. This means that if a jury awards $100,000 in compensatory damages, it can award as much $300,000 in punitive damages, but not more.

Lastly, the difference between the burden of proof in a criminal trial and a civil trial is vital. In a criminal trial, the prosecution must prove its case “beyond a reasonable doubt.” This means that the defendant will be presumed “not guilty” unless the prosecution proves, beyond a reasonable doubt, that the defendant is “guilty.” Although there is no numerical value assigned to this burden of proof, it is significantly higher burden than the one found in a civil trial. In a civil trial, the plaintiff will prevail if the “preponderance of evidence” favors the plaintiff. This means that the jury must only find that there was more than a 50% probability that the defendant negligently caused the plaintiff injury. This burden is far less than the burden of “beyond a reasonable doubt” in a criminal trial.

The Tallahassee and Panama City personal injury lawyers at Scott & Wallace represent injured plaintiffs in a variety of civil matters. If you have questions about your case, do not hesitate to contact the Tallahassee and Panama City personal injury lawyers at Scott & Wallace for a free consultation.

Serious Injury Crash in Jefferson County Puts One in the Hospital

On May 13, 2012 the Florida Highway Patrol responded to a vehicle crash in Jefferson County. The driver, Vernie Key, of a 2008 Ford F150 was trying to turn left from the southbound lane on Waukeenah Highway. The driver, Domenick Bellavigna, of a 2000 Suzuki MC was traveling north on Waukeenah Highway. As the Ford F150 attempted to turn the vehicle struck the front of the Suzuki MC. Jefferson County EMS assisted on the scene and took Mr. Bellavigna to Tallahassee Memorial Hospital with serious injuries.

Source: Florida Highway Patrol, Jefferson County Crash With Serious Injuries, WCTV.TV (May 13, 2012), http://www.wctv.tv/home/headlines/Jefferson_County_Crash_With_Serious_Injuries_151309335.html

Vehicle Crash with a Bicyclist Sends Child to Hospital

In Levy County, twelve year old Keanu Becker was riding his bicycle westbound on NE 108 Lane. The driver of the vehicle was driving a 1997 Honda SUV also westbound on the same road. The driver, named Elizabeth Tyler, struck Keanu Becker in the rear with the right front of the SUV. The bicyclist was pushed off the road and was ejected onto the south shoulder of the lane. He was transported by emergency crews to Shands Hospital in Gainesville and is currently listed in critical condition. According to the Florida Highway Patrol press release Ms. Tyler stated that the sun was directly in her eyes at the time of the accident. FHP believes that alcohol is not a factor in the accident.

Source: Florida Highway Patrol, Bicyclist Hit By Car In Critical Condition, WCTV.TV (May 6, 2012), http://www.wctv.tv/home/headlines/Bicyclist_Hit_By_Car_In_Critical_Condition_150374745.html

Fatal Accident on Bridge to Apalachicola

On May 3, 2012, the driver of a Kia Sedona, Vicki Segree, died in a fatal car accident. According to The Florida Highway Patrol, her vehicle was hit by a Toyota pickup truck on Highway 98 in Eastpoint, Florida. The pickup truck swerved into her lane which struck her vehicle head on. Her car then flipped numerous times. The driver, Chandler Moses, and passenger, Sabrina Hicks, of the truck were taken to the hospital. Troopers are investigating the accident and say that alcohol was not a factor.

Source: Eyewitness News, Woman Killed on Bridge Leading to Apalachicola, WCTV.TV (May 3, 2012), http://www.wctv.tv/home/headlines/Woman_Killed_on_Bridge_Leading_to_Apalachicola_149995295.html

Semi-Truck Accident in Madison Kills One

Two semi-trucks were involved in a crash in Madison County according to the Florida Highway Patrol. One truck, driven by Edward Schreffler, was traveling in the northbound lane on State Road 53. The other truck, driven by John Geiger, was traveling in the southbound lane on the same road. According to reports, the truck driven by Mr. Schreffler entered the southbound lane and struck the other truck. His vehicle then “jackknifed” and caught fire before it slid to a stop on the west shoulder of the road. Mr. Geiger’s truck overturned onto its passenger side after being struck and slid to a stop across State Road 59. The accident site is between interstate 10 and the Madison-Lafayette county line.

EMS crews responded to the scene and found one driver dead and the other having chest pains. He was treated by EMS personnel. The Florida Highway Patrol is investigating the vehicle accident.

Source: Eyewitness News, One Dead After Fiery Semi Truck Accident in Madison County, WCTV.TV (April 20, 2012), http://www.wctv.tv/home/headlines/One_Dead_After_Firey_Semi_Truck_Accident_in_Madison_County_148234765.html

Mother Sues Hospital for Cutting off Finger

The Heart of Florida Regional Medical Center located in Polk County is being sued by a mother after a nurse accidentally cut off a three month old baby’s pinky finger with a pair of scissors.  The mother, Veronica Olguin, brought her baby, Selena, to the hospital in October for a fever. The baby was admitted to the hospital for two days. During the discharge a nurse took scissors to cut the plastic intravenous tube that was attached to the baby’s hand. Instead of cutting the IV tube, the nurse cut off the baby’s pinky finger which fell to the floor.

According to reports the lawsuit says that the nurse then ran out of the room screaming.  Doctors attempted to save the finger but were not able to save it. As of the date of this post, the hospital has not yet reached an agreement with the family.

Source: Nicole Howley, Mother Sues Heart of Florida Hospital for Cutting Off Baby’s Finger, Justice News Flash (March 30, 2012), http://www.justicenewsflash.com/2012/03/30/mother-sues-heart-of-florida-hospital-for-cutting-off-babys-finger_2012033011928.html

Afternoon Rollover Accident Occurred on Interstate 10

In the afternoon of March 30, 2012 the Tallahassee Fire Department responded to a vehicle accident at mile marker 199. The accident occurred in the westbound lane of the interstate with a gold car and an SUV. The driver of the SUV said that he swerved to avoid a ladder that had fallen off a vehicle in front of him. The gold car has been reported as the car that overturned in the crash. The driver and passenger of the gold car were taken to Tallahassee Memorial Hospital by paramedics after being extricated from the car by TFD. There were two dogs inside the vehicle and they were taken by Leon County Animal Control for examination. The Florida Highway Patrol is investigating this vehicle crash.

Source: Eyewitness News, 2 People Cut From Car After I-10  Accident, WCTV.TV (March 30, 2012), http://www.wctv.tv/home/headlines/TFD_Cuts_Car_to_Resu_145202905.html

Car Accident on Orange Avenue

On Saturday, March 24, 2012, the Tallahassee Fire Department responded to a car accident on Orange Avenue and Paul Russell Rd.  Once on the scene the Fire Department put out one vehicle fire. According to reports, Randall Dender was driving in a 1964 Ford when he attempted to pass a vehicle. During his attempted pass he lost control of his vehicle and crossed the median where he struck a 2003 Cadillac. The driver and passenger of the Cadillac both suffered serious injuries. All involved were taken to Tallahassee Memorial Hospital. Randall Dender was pronounced dead shortly after arriving at the hospital. The Florida Highway Patrol and LCSO also assisted the Tallahassee Fire Department on the scene.

Source: Fire Department Press Release, Orange Avenue Car Accident Leaves One Dead, WCTV.TV (March 24, 2012), http://www.wctv.tv/news/headlines/3_Car_Accident_Leaves_One_Dead_144109246.html

Vehicle Crash on Capital Circle NW Proves to be Fatal

At about 7:15pm on Friday, March 2, 2012, a vehicle crash occurred at the intersection of Tower Road and Capital Circle NW.  The Leon County Sherriff’s Officer responded to the crash and found that a blue Chevrolet Trailblazer and a black Jeep Cherokee had collided. According to reports, Leon County EMS transported Sue Corsale to the hospital where she died from her injuries.   Ms. Corsale had served as a math professor at FAMU for 16 years.  In addition, reports state that Pamela Duprey and her passenger, Kevin Duprey, suffered minor injuries in the crash.

Source: LCSO; Garin Flowers, Students Mourn Passing of FAMU Math Teacher, WCTV.TV (March 5, 2012), http://www.wctv.tv/home/headlines/Fatal_Crash_on_Capital_Circle_North_West_141289393.html?%3F%3F%3F%3F%3F%3F%3F%3F%3F%3F%3F%3F%3F