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Nicoletti Walker Law Group Nov. 11, 2015

When most people think of personal injury, they think of car accidents, surgery gone wrong, a slip and fall accident, etc—incidents that are sometimes due to someone’s negligence, but not out of intent to bring about harm. However, any injuries that result from intentional harm can also be covered by a personal injury or wrongful death suit.

Sadly, the recent shooting at Florida’s “ZombiCon,” a zombie-themed charity event held in Florida on October 17th, can serve as an example of intentional harm that brought about both personal injury and wrongful death. Known as the largest gathering of zombie enthusiasts in Florida, one person decided to inflict senseless violence and open fire on the crowd this year, killing one person and injuring five others. Although the suspect still remains at large, once identified, the families of those injured and killed could bring a personal injury lawsuit for intentional tort, or harm inflicted by the gunman, as well as wrongful death.

Florida Law

Florida law defines fault based on the context. For example, it defines:

  • Accident as the events and actions that relate to the incident as well as those events and actions that related to the alleged defects or injuries;

  • Negligence action as a civil action for damages based upon a theory of negligence, strict liability, products liability, and professional malpractice, where the substance of an action determines whether it is a negligence action; and

  • Intentional torts as including an action for assault, intentional infliction of emotional distress, battery, false arrest, malicious prosecution, malicious interference, false imprisonment, and those based on abuse and/or resulting in death. Intentional torts can also include those actions committed against property, trespass to land or chattels, and conversion.

Intentional torts can encompass a broad array of actions done intentionally by one person to another where there is intent to commit that act and bring about a specific result, and the act causes the injury or is a significant part of it. Actions for intentional torts have a longer statute of limitations, and must be commenced within five years.

Contact an Experienced Clearwater Personal Injury & Wrongful Death Attorney

Injuries and wrongful death that are the result of someone intentionally bringing about harm can be difficult. Clearwater attorney Mike Walker is experienced in handling these cases, and understands the emotional pain and suffering, along with the physical realities, that accompany these injuries, as well as losing a loved one unexpectedly. Attorney Walker is committed to helping you understand what compensation may be available to you and helping you understand the court process. He will vigorously fight for the damages you deserve. Contact the office today to discuss your options.