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Florida’s Attractive Nuisance Doctrine: What’s Your Responsibility as a Property Owner?

New Port Richey Injury Attorney

Let’s suppose that someone wanders onto a construction site without fences or other barriers preventing entry. This person climbs onto a large piece of dangerous machinery, falls off, and injures himself. Is the owner or possessor of the construction site liable for that person’s injuries?

If the injured person is an adult, the land possessor is not liable for his injuries. Under normal circumstances, a possessor of property has no duty of reasonable care towards a person who trespasses upon his property, even if the trespasser injures himself or herself as a result. If the injured person is a child, however, the land possessor may be liable. A child, unlike an adult, may not have the reasoning skills and judgment necessary to avoid dangerous conditions. In fact, children will often be attracted by strange and new things that may also present a danger to them.

Florida state law recognizes and accounts for this fact by shifting liability for injury to a child trespasser to the possessor of the land if that land contains an attractive nuisance that enticed the child onto his land and caused the child’s injury. This shifting of liability also requires that the possessor of the land knew or should have known that said dangerous condition presented a danger to children and that children were likely to trespass on the land in question. Finally, the plaintiff must show that the land possessor could have eliminated the dangerous condition or blocked it off from children and that he failed to exercise reasonable care by not doing so.

Traditionally, attractive nuisances include such conditions as uncovered swimming pools and abandoned vehicles. Florida law also specifies several objects that must be treated as attractive nuisances to children, including abandoned iceboxes, refrigerators, washer and dryer units, and other closable or lockable objects that create an airtight seal. This law is designed to cover objects in which a child may become trapped and which may lead to injury or death by suffocation.

What can be done to protect land possessors from liability for the injuries of children who trespass on their property? Common sense is the guiding principle in this case. A land possessor who exercises reasonable care in protecting children from dangerous conditions on his property by removing such conditions or physically blocking them off from access should be able to both protect children from being injured and protect himself from liability for the injuries of trespassers on his property.

Questions?  Know someone that may need legal consultation in the area of “Attractive Nuisances”?   Call our offices TODAY at (727) 849 – 5353 – or visit our “Contact Us” page by clicking here.

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Lucas, Green and Magazine Awarded 2014 Litigator Award

The Law Offices of Lucas, Green and Magazine are honored to have received an Award for being ranked in the top 1% of Lawyers!

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Top Litigator Awards

 

PRESS RELEASE

Lucas Green & Magazine Wins Prestigious 2014 Litigator Award

Lucas Green & Magazine named 2014 Litigator Award Winner. Having been conferred this prestigious National Award, the firm ranks among the Top 1% of all lawyers for: Personal Injury and Wrongful Death Litigation.

BELLEVUE, WASHINGTON: JAN. 15, 2015 – Lucas Green & Magazine, a trial law firm located in New Port Richey, Florida, was today awarded the prestigious 2014 Litigator Award for extraordinary achievement within the field(s) of Personal Injury and Wrongful Death Litigation.

Justly standing as the nations most coveted symbol of “Litigation Achievement”, this unrivaled annual honor recognizes trial lawyers {firms} who have attained extraordinary litigation achievement within one or more of 72 pre-defined “Practice Specialty” categories. Based strictly on “Verdict and/or Settlement” dollar achievement rather than peer popularity, the Litigator Awards are perhaps the most rigorous and openly judged trial law rating. Simply being nominated is to be set among the elite of the profession. Those awarded are generally considered among the finest trial lawyers in the nation.

To be Award Eligible, Nominees must prove achievement of litigation “Performance Benchmarks” that includes not less than:

a). Two verified “Verdicts or Settlements” of at-least $1 Million Dollars in any one Practice Specialty category within the preceding 5 year period prior to Nomination*, or

b). One verified “Verdict or Settlement” of at-least $5 Million Dollars in any one Practice Specialty category within the preceding 10 year period prior to Nomination**, or

c). One verified “Verdict or Settlement” of at-least $10 Million Dollars in any one Practice Specialty category within the preceding 20 year period prior to Nomination.

It is a feat achieved by fewer than 1% of all Lawyers, and truly a testament to each Award Recipient’s remarkable performance relative to peers.  Of the nearly 1.1 Million lawyers considered, only a select few per State or DMA, will achieve the distinction of being awarded annually in any given Practice Specialty*.

Winning a 2014 Litigator Award is a “Powerful Endorsement” of superior litigation achievement that provides discerning clientele {as well as referring professionals} with a strong reason to trust their case with an Award Recipient. Moreover, it offers a testament to their remarkable performance relative to peers.

To learn more go to: www.LitigatorAwards.com

Media Contact
Amy G. Harris
2014 Litigator Awards
(800) 992-9049
AHarris@LitigatorAwards.com

www.LitigatorAwards.com

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Please Welcome Our Newest Attorney: Nicolette Iannaccone

About Nicolette Iannaccone

Nicolette Iannaccone

Nicolette Iannaccone

Practice: Personal Injury

Memberships: Florida Bar Association, American Association for Justice, Florida Justice Association, West Pasco Bar Association

Biography: Nicolette R. Iannaccone was born and raised in New Port Richey, Florida. Nicolette attended Saint Leo University for her undergraduate education, where she graduated magna cum laude from the Honors Program with a Bachelor’s degree in Political Science. While at Saint Leo University, Nicolette was President of Pi Sigma Alpha (Political Science Honor Society), Secretary of Alpha Phi Sigma (Criminal Justice Honor Society), and an active member of Delta Epsilon Sigma (National Scholastic Honor Society).

Upon completion of her undergraduate degree, Nicolette attended the University of Florida Levin College of Law in Gainesville, Florida, where she obtained her Juris Doctor degree. During law school, Nicolette was active in the John Marshall Bar Association and was named to the Dean’s List for her scholastic achievements. During law school, Nicolette served as a law clerk for Carter, Clendenin & Foreman, P.A. in New Port Richey, Florida, and was also a judicial extern to the Honorable Cheryl K. Thomas of the Thirteenth Judicial Circuit in Tampa, Florida.

After being admitted to the Florida Bar in September 2013, Nicolette returned to her hometown and began practicing personal injury law. Nicolette is passionate about giving back to her community and is an active member of many local volunteer groups, including Junior Service League.

Nicolette currently lives in New Port Richey with her fiancé Adam Carter. In her spare time, Nicolette enjoys spending time with her family, cooking, fitness, and nutrition.

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[Infographic] Statute of Limitations in Florida

Florida Statute of Limitations

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Featured Attorney – Jim Magazine


Learn more about Jim - click here

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Learn About The Statute of Limitations In Florida

Statue of limitations refers to the period of time in which an injured person may file a lawsuit. Once the statue of limitations expires, the injured person loses his or her right to sue. Statutes of limitations vary from state to state and also depend on the type of case. Because the clock is already ticking, it is essential one speaks with an attorney as soon as possible after suffering an accident or injury.Florida Statutes of Limitations

Why do statutes of limitations exist?
A statute of limitations exists for several reasons.
• Integrity of evidence: Because evidence can deteriorate over the course of time, it is essential that a case be brought to trial in a timely fashion.
• Personal accounts and testimony: Witness testimony and personal accounts can also degrade over time. Memory fades and credibility and accuracy may suffer if one is recalling an event that happened many years previously.

What are the statutes of limitations for cases in Florida?
The statutes of limitations in the state of Florida vary depending on the case. It is therefore essential that you meet with an attorney to learn what the statute of limitations is on your particular case.

Medical Malpractice
For most medical malpractice cases, the statue of limitations is two years. However, the clock may start ticking from the date of the incident or the date of discovery. Further, when the case involves minors, there may be special allowances. Because of the many nuances involved in determining what statute of limitations applies to your case, it is imperative that you consult with an attorney.

Libel or Slander
In the state of Florida, cases involving libel or slander have a two-year statute of limitations.

Personal Injury
Florida personal injury cases have a four-year statute of limitations. However, if the case involves medical malpractice, the statute of limitations may only be two years.

Auto Accidents
In the state of Florida, auto accident cases are regarded as negligence cases, so the statute of limitations is four years after the accident.

Consult with an Attorney
Since there are so many variables when it comes to assessing the statute of limitations for any particular case, it is important to talk to an experienced, qualified attorney. Contact us today to discuss your case and what statute of limitations may apply.  Call (727) 849-5353 or visit our “Contact Us” page.

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[Infographic] Minimum Wage Increase in 2015 | Employment Law (727) 849-5353

2015 Minimum Wage Increase

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What the 2015 Minimum Wage Increase Means for Employees | (727) 849-5353

According to a 2012 study, 214,000 Florida workers make at or below the minimum wage, accounting for about 5.1% of the workforce. Florida’s minimum wage was created when, in 2004, voters approved a constitutional amendment that applies to all employees of the state who are covered by the federal minimum wage.2015 Minimum Wage Increase

How does raising the minimum wage work?

According to Florida law, each year, a new calculation must be made using data from the Consumer Price Index. If that calculation proves to be higher than the federal minimum wage rate, that calculated rate would then take effect for minimum wage workers the following January.

How much will minimum wage workers now make?

Based on calculations performed for data from September 1, 2013 to September 1, 2014, the state minimum wage should be increased. Beginning January 1, 2015, Florida’s minimum wage increases from $7.93 to $8.05 per hour, an increase of $0.12 (or 1.54%).

What about tipped employees?

The United States Department of Labor regards tipped employees as “any employee engaged in an occupation in which he or she customarily and regularly receives more than $30 per month in tips.” Under the Fair Labor Standards Act, employers of tipped employees may count tips received towards wages; however, they must pay employees a direct or hourly wage. The new minimum wage rate for tipped employees is found by subtracting the tip credit ($3.02) from the new minimum wage rate of $8.05 per hour. So, beginning January 1, the minimum wage for tipped employees rises to $5.03 per hour plus tips.

Should employers honor the federal or state minimum wage?

Federal law says that employers must pay the higher of the given state or federal rate. In our case, the Florida minimum wage is higher and is the rate that must be honored by employers. If the federal minimum wage is made higher than the state’s minimum wage, then the employer must follow the federal wage.

What if my employer is not paying me the appropriate wage?

If an employee is not receiving the minimum wage for his or her work, they have grounds for civil action. The employee may be able to recover back wages in addition to damages and attorneys’ fees.

 

Do you Or Someone You Love  Need An Employment Law Attorney?  Please Contact The Law Offices of Lucas, Green and Magazine to schedule a consultation @ (727) 849-5353 – or visit our “contact us” page.

Learn More About Employment Law in New Port Richeyclick here

 

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We help with Employment law in the Following Areas:
Pasco County (and surrounding areas)
Employment Law in New Port Richey, FL
Employment Law in Port Richey,FL
Employment Law in Holiday, FL
Employment Law in Trinity, FL
Employment Law in Dade City, FL
Employment Law in Bayonet Point, FL
Employment Law in Land O’ Lakes, FL
Employment Law in Crystal Springs, FL
Employment Law in Wesley Chapel, FL
Employment Law in Zephyrhills, FL
Hernando County (and surrounding areas)
Employment Law in Spring Hill, FL
Employment Law in Bayport, FL
Employment Law in Brookridge, FL
Employment Law in Weeki Wachi, FL
Employment Law in Brooksville, FL
Employment Law in Timber Pines, FL
Pinellas County (and surrounding areas)
Employment Law in Tarpon Springs, FL
Employment Law in East Lake, FL
Employment Law in Oldsmar, FL
Employment Law in Safety Harbor, FL
Employment Law in Countryside, FL
Employment Law in Clearwater, FL
Employment Law in St. Petersburg, FL
Employment Law in Dunedin, FL
Employment Law in Palm Harbor, FL
Employment Law in Largo, FL
*Please note – we can also help persons with Employment Law Issues across the state of Florida.
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Litigation Award – Lucas, Green and Magazine

We are proud to be nominated for this award by Amy Harris – Trial Lawyer Board of Regets, LLC

 

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Learn More About Our Legal Nurse Consultant – Andra DeCarlo

“Hi! My name is Andra DeCarlo. I am a registered nurse and a legal nurse consultant.

I work in support of attorneys in claims and litigation. I have worked with the attorneys here at Lucas, Green and Magazine evaluating their clients’ medical-legal issues in the firm’s personal injury claims and suits.

There is in medicine and in the law a growing concern and awareness of closed head injuries and how, in the past, these injuries were either misdiagnosed on not diagnosed at all. The study of closed head injuries peaked my interest before this began playing out in the media.

As I’m sure you are aware; The NFL, despite their initial denial of the long range effect of close head injuries brought this type of injury into the limelight and, as such, players are safer today that in years past.

I have studied the mechanism of injury and its diagnosis and now actively lecture in professional seminar forums on the subject. I am certified by the Florida Bar to instruct attorneys and their staff on mild Traumatic Brain Injury, particularly in vehicular crashes.

I assist Lucas, Green and Magazine with these issues as they arise in their practice.

My work experience in orthopaedics and neurology has enhanced my understanding of traumatic injuries generally.

I have worked for both Plaintiff and Defense firms and my knowledge of traumatic brain injury has made me well-informed and well- rounded in litigation, both sides. I work behind the scenes on these cases for Lucas, Green and Magazine and, can for you.

Traumatic Brain Injury (TBI) is a serious injury caused by trauma to the head. It can be from sports related injuries, slip and falls or motor vehicle accidents; all traumatic injuries to the head possess the possibility of mild traumatic brain injury.

These injuries can have serious effects on a person’s physical abilities, mental well-being and can cause cognitive impairments.

If not correctly and timely diagnosed and left untreated or if ignored, these injuries can become progressively worse and intensify over time.

Over 1 million Americans suffer a traumatic brain injury each year.

Interestingly enough, and unknown to many people, it does not take a direct blow to the head to cause traumatic brain injury.

The rapid acceleration/deceleration forces sustained in an accident can cause the brain to impact the opposite side of the skull. Whiplash, which can be glossed over in the emergency room, CAN result in mild traumatic brain injury.

The most common type of brain trauma can result in concussions. They are often caused by impacts to the head or by whiplash type movements. Concussions are often referred to as a mild traumatic brain injury (MTBI).

Some symptoms of concussion are:

1.) dizziness

2.) memory loss

3.) difficulty sleeping

4.) inability to concentrate

5.) headaches

6.) anxiety

7.) irritability

8.) Depression

I assist the attorneys at Lucas, Green and Magazine to stay informed as to the latest technology, as well as, informing them about particular health care providers who are knowledgeable about these injuries. I want their clients to get the best neurological evaluative team possible.

After reviewing and analyzing client medical records, I interpret and present that information in a form that allows it to be easily communicated to insurance companies.

I hope this is has been informative as to a legal nurse consultants role in the legal process.”

 

 

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