Florida Personal Injury Laws
Joint and several liability describes a situation where two or more parties are responsible for causing an injury to another party whether they were working together in concert or not. An easy example of joint and several liability that everyone can relate to would be a multiple car accident where one driver collides with another which, in turn, causes another collision between drivers attempting to avoid the first collision. Like most other legal terms, there are many factors that come into play when determining joint and several liability. If you have been injured in an auto accident or other type of accident caused by more than one party, an experienced Orlando personal injury attorney such as James O. Cunningham can explain if and how joint and several liability pertains to your case.
Vicarious liability is also known as a secondary liability, which in non-technical language means that a person in charge is liable for the acts of someone who is a subordinate. In legalese, vicarious liability describes the responsibility of someone that has the “right, ability or duty to control” the activities of someone who caused injury of some kind to another person. The most easily accessible example of vicarious liability is an employer being vicariously liable for the acts of an employee who is “on the clock.” However, as you might guess, it’s not as simple as that. Many different factors come into consideration when determining vicarious liability. Orlando personal injury lawyer James O. Cunningham can explain these factors in detail during a consultation and answer any other questions you may have.
An affirmative defense is a legal defense used in criminal law cases as well as lawsuits between private parties. Depending on the specifics of a case, affirmative defenses can also be called justification defenses or less often, excuse defenses. Simply put, affirmative defenses are used to avoid, excuse or limit liability in a criminal or civil case.
To begin, Florida personal injury laws can be quite complex, and the terminology used to write these laws can be difficult for people outside the legal profession to understand. This is one reason why it is advisable to consult with an experienced Central Florida personal injury attorney such as James O. Cunningham if you sustained injury because of negligence on another person or entity’s part. Attorney James O. Cunningham has been assisting clients in personal injury cases since 1977 and has made client education a priority from the very beginning.