UPCOMING LOCAL COMMUNITY EVENTS
TAMPA BAY-HILLSBOROUGH COUNTY
January 24, 2009 - 3:30pm to 8:00pm
Gasparilla Children’s Parade and Piratechnic Extravaganza
Bayshore Boulevard
January 30 - February 1, 2009
Super Bowl 43 Festivities throughout Tampa Bay
February 5 - February 17, 2009
Florida State Fair
Fairgrounds/Highway 301/Martin Luther King Jr. Blvd.
February 7, 2009 - 11:30am to 5:30pm
Pirate Invasion/Parade of the Pirates
Bayshore Boulevard
ST. PETERSBURG-PINELLAS COUNTY
January 31, 2009 - 6:00pm to close
Taste of the NFL
Tropicana Field
February 3-February 8, 2009
Broadway Across America, Cirque Dreams Jungle Fantasy
Progress Energy Center for the Arts
February 11, 2009 - Noon to 3:30pm
Oldies But Goodies Dance
The Pier
STATISTICS
In the upcoming weeks the bay area is going to be filled with entertaining things to do. Tampa is the host of the 43rd Super Bowl on Sunday, February 1, 2009. With this highly renowned event comes a week of events, activities, parties and festivities. During this week long host of the Super Bowl and all of the fun events that come with it, alcohol is more than likely going to play a part. Statistics continue to rise on the issue of accidents and/or arrests related to driving under the influence of drugs and/or alcohol. The National Highway Traffic Safety Administration has reported that Super Bowl Sunday is one of the year’s most dangerous days and nights on the road due to impaired driving. According to the Hillsborough County Sheriff’s arrest inquiry 38 arrests were made for “driving under the influence” last Super Bowl Sunday and in the early morning hours after the Super Bowl concluded. Of those 38 arrests, 6 involved personal injury and/or property damage and 1 involved death. Of course these statistics were for a year when the Super Bowl was not in Tampa. The fact that the 43rd Super Bowl will be held this year in Tampa, I am sure we can expect an increase in these unfortunate events.
Then the following weekend we have the Annual Gasparilla Pirate Invasion and Parade along Bayshore Boulevard into the downtown area. According to ABC Action News, in 2008 there was in excess of 107 total arrests during this event, 9 of those arrests were boating under the influence.
Driving or boating under the influence of drugs or alcohol is a negligent act that can turn deadly. If you are drinking alcohol, be safe, be smart, designate a driver or call a cab. There are cab companies that partner up with other businesses to provide safe rides home, if you have had too much to drink or are impaired.
We at Distasio Law Firm hope everyone has a safe and fun-filled time during the spectacular events our City will be hosting in the upcoming weeks.
PERSONAL INJURY LAW UPDATE
The Super Bowl and Gasparilla statistics above demonstrate that alcohol consumption is often a part of Americans enjoying themselves. Unfortunately, there is also a downside to alcohol because it impairs judgment and causes people to take risks they otherwise would not take. As a result alcohol is one of the largest contributors to injury and death in this country.
Florida personal injury law has always been a source of deterring people from engaging in conduct that causes injury. Florida law attempts to deter irresponsible use of alcohol by allowing a jury to assess punitive damages against anyone that causes injury or death while under the influence of alcohol. Punitive damage are in addition to damages awarded to compensate the injured person for their injury. The goal of punitive damages is to punish the wrongdoer for their conduct by awarding enough money that both the wrongdoer and others will not engage in the conduct in the future. Although Florida has caps on how much punitive damages can be awarded in most cases, there are no caps on the amount of money a jury can award to punish someone that causes injury while under the influence of alcohol. The only limit is that it cannot bankrupt the wrongdoer.
In order to consider whether to award punitive damages against someone that was drinking at the time of the accident, the wrongdoer must have been under the influence. According to 768.736, Florida Statutes, under the influence occurs when the defendant’s normal faculties were impaired or the defendant’s blood or breath alcohol level was 0.08 percent or higher at the time of the accident.
Florida law is equally unkind to an injured person when the injured person is under the influence at the time of their injury. For example, 768.36, Florida Statutes, bars an injured person from recovery of damages if the injured person was under the influence of alcohol and a jury concludes that person was more than 50 percent at fault for his or her own harm. 768.124 Florida Statutes bars a lawsuit by an injured person against an establishment that serves alcoholic beverages unless the establishment willfully and unlawfully sells or furnishes alcoholic beverages to a person who is not of lawful drinking age (a minor), or knowingly serves a person habitually addicted to alcoholic beverages.
BLOG
Distasio Law Firm publishes a blog called http://www.tampainjurylawblog.com/ on the internet. Each month our Newsletter highlights an article from the blog that is noteworthy or related to the theme of the Newsletter. This month’s blog article is “Tampa Police Department has a New Ticket Policy”. You can view this article by clicking on its link. To subscribe to http://www.tampainjurylawblog.com/, go to the website home page; scroll down the right hand side to the subscribe section; click on the news feed that is most compatible with your computer; and follow the news feed directions. Blog articles will then be sent directly to your computer as they are published.
THE FIRM
Distasio Law Firm is a Tampa based personal injury law firm that handles cases throughout the state of Florida. We welcome referrals from clients, family and friends of clients and from other lawyers. We handle most types of personal injury cases including auto accidents, slip and falls, medication errors, product liability, nursing home abuse, and medical malpractice.