Archive for the ‘Homeowner Liability’ Category

Jacksonville safe shopping

Friday, November 27th, 2009

images-12Be safe while doing your Jacksonville holiday shopping with the following tips:

1. Clear out the trunk or storage area in your vehicle before you go shopping, so you can store your purchases there. If the area can be viewed, bring along a blanket to cover up your purchases. Never leave handbags, wallets, or change lying on seats or in cup holders even if doors are locked (and they should be). There is no sense making your vehicle, and your gifts, into tempting targets.
2. When you go shopping, take someone along if possible or at least try to go before dark if you can. Do not park in distant, dimly lit areas. Even if you have to drive around a bit, wait for a parking space closer to the entrance of the mall or store.
3. Clean out your handbag or wallet before you go shopping. Don’t leave important items inside such as your social security card inside. Remove any credit cards or checkbooks you won’t be using. Carry cash on your person if possible.
4. Make sure you collect all your receipts. Stash credit card receipts in your handbag or wallet instead of sticking them in the bag or the box with your purchase. They tend to have at least some identifying information on them, and identity thefts love to find such things. Toss an envelope into your bag before setting out to make it easier to keep track of receipts.
5. Beware of anyone watching you or getting too close to you when you approach an ATM. Make sure you have plenty of space before punching in your PIN, and take your receipt. If anyone crowds you or makes you feel uncomfortable, walk away, and come back later. Anytime someone makes you uncomfortable, move to an area where there are other people. If necessary, request security to escort you to your vehicle.
The Law Office of Henry Gare has represented victims of negligent security in Jacksonville for over 15 years.

Jacksonville Burn Accident Answers

Sunday, September 27th, 2009

images2Many people suffer Jacksonville burn injuries each year, and many require hospitalization or even die as a result of their burns. The four most common forms of burns are:

Thermal burns – Caused by intense heat. Thermal burns are often caused by exposure to flame or fire, scalding liquids, hot metals (welding), or steam.
Radiation burns – Caused by exposure to harmful nuclear radiation or ultraviolet rays, such as sunlight or tanning beds.
Electrical burns – Caused by electricity running through the body. Electrical burns can occur as the result of faulty wiring or exposed electrical lines.
Chemical burns – Caused by exposing the skin to caustic substances. Chemical burns occur when chemicals come in contact with the skin.
There are three degrees of burn injury. First-degree burn injuries are the least severe, usually only resulting in red skin that is irritated and turns white when pressed. Burn injury claims are usually only filed when the burn injury involves second degree burns or worse.

Second-degree burn injuries cause damage to the underlying layer of skin, and can cause blistering and scars. Third-degree burns completely destroy most of the skin in the burn area, and are usually treated by removing the damaged skin and replacing it via skin graft. If you or a loved one have been the victim of a Jacksonville burn accident call the Law Offices of Henry E. Gare at (904) 387-6101

Jacksonville homeowners can be held liable for allowing minors to drink alcohol

Tuesday, July 8th, 2008

Recently the local paper and television news has been reporting on a 15 year old girl who was raped on Neptune Beach after getting drunk at a party at a beach home. Under Florida laws the homeowners of the house where the party took place can be held criminally responsible and can be held responsible in a civil cause of action.

The “House Party” statute Section 856.015 of the Florida Statutes states:

“No person having control of any residence shall allow an open house party to take place at said residence if any alcoholic beverage is possessed or consumed at said residence by any minor where the person knows that an alcoholic beverage or drug is in the possession of or being consumed by a minor at said residence and the person fails to take reasonable steps to prevent the possession or consumption of the alcoholic beverage or drug.”

This statute is a 2nd degree misdemeanor. A minor is defined in the statute as anyone not permitted to possess or consume alcohol. So, for the purposes of this statute, anyone under the age of 21 is a minor.

As far as personal liability this statute will create a civil cause of action in the event that damages are caused by violation of the statute. For example if a minor drinks alcohol at a house party then leaves the party and causes a crash the person in control of the home where the party took place would be legally responsible for the damages caused in the motor vehicle crash.

In the recent rape case the minor who was sexually assaulted will probably be making a claim for damages against the homeowner and the renter of the house where she and other minors were served alcohol.

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