Skip to main content
Bradley Winston

Bradley Winston’s Answers

43 total


  • Can a P.I. attorney can invoke the ADA and be directly awarded attorney fees due to gross negligence of the ADA Act?

    I was in a wheelchair but using it only due to a spinal cord injury. I only used the chair for getting out of my home. At the time I was able to walk and at this point would no longer need a chair. However due to gross negligence a constructio...

    Bradley’s Answer

    ADA Title III: Public Accommodations

    Title III covers businesses and nonprofit service providers that are public accommodations, privately operated entities offering certain types of courses and examinations, privately operated transportation, and commercial facilities. Public accommodations are private entities who own, lease, lease to, or operate facilities such as restaurants, retail stores, hotels, movie theaters, private schools, convention centers, doctors' offices, homeless shelters, transportation depots, zoos, funeral homes, day care centers, and recreation facilities including sports stadiums and fitness clubs. Transportation services provided by private entities are also covered by title III.

    Public accommodations must comply with basic nondiscrimination requirements that prohibit exclusion, segregation, and unequal treatment. They also must comply with specific requirements related to architectural standards for new and altered buildings; reasonable modifications to policies, practices, and procedures; effective communication with people with hearing, vision, or speech disabilities; and other access requirements. Additionally, public accommodations must remove barriers in existing buildings where it is easy to do so without much difficulty or expense, given the public accommodation's resources.

    Courses and examinations related to professional, educational, or trade-related applications, licensing, certifications, or credentialing must be provided in a place and manner accessible to people with disabilities, or alternative accessible arrangements must be offered.

    Commercial facilities, such as factories and warehouses, must comply with the ADA's architectural standards for new construction and alterations.

    Complaints of title III violations may be filed with the Department of Justice. In certain situations, cases may be referred to a mediation program sponsored by the Department. The Department is authorized to bring a lawsuit where there is a pattern or practice of discrimination in violation of title III, or where an act of discrimination raises an issue of general public importance. Title III may also be enforced through private lawsuits. It is not necessary to file a complaint with the Department of Justice (or any Federal agency), or to receive a "right-to-sue" letter, before going to court. For more information, contact:

    U.S. Department of Justice
    Civil Rights Division
    950 Pennsylvania Avenue, N.W.
    Disability Rights Section - NYAV
    Washington, D.C. 20530

    www.ada.gov

    (800) 514-0301 (voice)
    (800) 514-0383 (TTY)

    See question 
  • I permanently injured myself on my rental property, can I sue home owner? I am in Florida.

    I was walking on the driveway in sneakers, there is an additional pad to driveway that was added years ago that has settled and is significantly lower from original driveway. i was not aware of this and while walking to passenger side of car my l...

    Bradley’s Answer

    You do have a viable claim. I would be happy to help.

    Brad Winston, 954-475-9666

    See question 
  • Can someone make a written declaration or affidavit that contradicts their sworn deposition testimony?

    A defendant in our civil lawsuit has made statements in an unwitnessed "declaration" in support of a motion for summary judgment. Some of the statements in this "declaration" contradict what he said under oath in his deposition. Is there some st...

    Bradley’s Answer

    "We agree with the lower Court that a party when met by a Motion for Summary Judgment should not be permitted by his own affidavit, or by that of another, to baldly repudiate his previous deposition so as to create a jury issue, especially when no attempt is made to excuse or explain the discrepancy. " ELLISON v. ANDERSON 74 So.2d 680, Supreme Court of Florida, 1954.

    Cheers,

    Brad Winston
    www.WinstonLaw.com

    See question 
  • How do I find out which attorney's have sued a local hospital in the past so I can find someone with experience......Thank you!

    Looking for experienced atty...

    Bradley’s Answer

    Go to www.WinstonLaw.com/books and download two of my free books, "Making the Right Choice: A Practical guide to Finding the Right Lawyer" and "Why 90% of Medical Malpractice Claimants Never Receive a dime".

    Best,

    Brad Winston

    See question 
  • Is this doctor malpractice/My workers comp was denied

    I got into a car accident at work (using a company vehicle, and the other party was at fault). I was sent to a company approved doctor and I was asked: "On a scale of 1 to 10 how much pain do you have?" I said "7 to 8" She said "No it ca...

    Bradley’s Answer

    You also have a car accident personal injury claim against the driver and owner of the car that hit you. Under Stuart v. Hertz any treatment malpractice on a negligently inflicted injury is the responsibility of the driver that hit you. Call a good board-certified civil trial lawyer in your area. Go to my website and download my free book about how to find the right lawyer.

    Cheers,

    Brad Winston
    www.WinstonLaw.com

    See question 
  • Slipped and fell at work, in building, but off the clock

    I was off the clock, at lunch, but in the company break room when I slipped on a wet carpet and fell. I hurt my knee, right wrist and left thumb when I hit the floor. The floor and carpet were wet due to a person who comes in to do repairs to mach...

    Bradley’s Answer

    You have a Workers' Comp case. I'm not sure why lawyers not licensed in FL are answering your question, let alone asking you to call their office, but do call a local FL lawyer. I dont do Work Comp, but see my website for a free copy of my book "Making the Right Choice: A Practical Guide to Finding an Attorney". www.WinstonLaw.com. It's for sale on Amazon too but is free to Florida residents on my site.

    Good luck,

    Brad

    See question 
  • Who has the burden of proof of affirmative defenses in a civil lawsuit?

    I have read that defendants have this burden of proof. Is that correct? If so, what is the standard of proof?

    Bradley’s Answer

    The burden of proof in Florida civil courts is t"he greater weight of the evidence". This means the more convincing force and effect of the entire evidence in the case.

    The plaintiff has the burden of proving a prima facia case, and the defense has to prove its affirmative defenses by the same standard.

    Affirmative defenses admit arguendo that the plaintiff has a legally sufficient case, but constitute an avoidance of liability for a legal reason, for example, the statute of limitations has run, the debt has been satisfied, the right plaintiff asserts has been waived, etc.

    See question 
  • Question about Asbestos claim Statue of Limitations in FL

    My dad past away back in 2005 from repritory failor and pnumonia and not sure if he was ever dianosed with lung cancer or not trying to get his records for that am I just waisting time getting this info or do I have a case if I can find info on my...

    Bradley’s Answer

    • Selected as best answer

    The statute of limitations on Florida for wrongful death is 2 years from the date you first knew or should have known of the existence of the cause of action. FS 95.11(4)(d).

    Brad Winston
    www.WinstonLaw.com

    See question 
  • MY EX DID NOT RESPOND COMPLETELY TO MY COMPEL ORDER. CAN I PUT IN ANOTHER "ORDER TO COMPEL?" THANK YOU....JERRY BRIAN

    HOW MANY TIMES CAN YOU ENTER AN ORDER TO COMPEL. IS THERE A LEGAL LIMIT?

    Bradley’s Answer

    One order to compel that is not complied with can be grounds for a motion for contempt or for sanctions. You should hire an attorney or contact legal aid for more help.

    Brad Winston
    www.WinstonLaw.com

    See question 
  • Why am I at fault for a traffic accident when I sold the car prior to the accident?

    I sold my car for cash, and had the buyer sign the title. I took the license plate off my car, dropped the car from my insurance and registered the license plate to my new car. Five months later I receive a letter from the Bureau of Motorist Compl...

    Bradley’s Answer

    The other lawyers who answered this question do not appear to be aware of the controlling Florida law. Your liability for the use of the vehicle was likely cut-off when you transferred it to the buyer, regardless of whether the buyer registered the car in his own name.

    "It has been held that mere retention of title to a motor vehicle as security for payment of the purchase price thereof is not sufficient to impose tort liability on the titleholder for the negligent operation of the vehicle by another. If the facts establish a definite intention to make transfer of the beneficial ownership of the motor vehicle to a purchaser, and such intention is coupled with actual delivery of the vehicle and tender and acceptance of a part payment on the purchase price, the sale of the vehicle will in legal effect be considered effectuated and the vendor absolved from any liability for the vehicle's subsequent negligent operation." Register v. Redding, 126 So.2d 289 (Fla. App. 1 Dist., 1961)

    Send the BMC a copy of the bill of sale and title and advise them who bought the car, and they should contact the beneficial owner. They may require an affidavit from you if you don't have any documentation, but you're not liable.

    Cheers,

    Brad Winston
    954-475-9666
    www.WinstonLaw.com

    See question