{"id":751,"date":"2014-05-23T15:26:48","date_gmt":"2014-05-23T15:26:48","guid":{"rendered":"https:\/\/gilhoylaw.com\/blog\/?p=751"},"modified":"2014-05-27T18:24:31","modified_gmt":"2014-05-27T18:24:31","slug":"how-will-florida-stand-your-ground-impact-personal-injury-analysis","status":"publish","type":"post","link":"https:\/\/gilhoylaw.com\/blog\/how-will-florida-stand-your-ground-impact-personal-injury-analysis\/","title":{"rendered":"How Will the Florida &#8220;Stand Your Ground&#8221; Law Impact Personal Injury Case Analysis?"},"content":{"rendered":"<p><strong>The Boston Law Offices of Gilbert R. Hoy, Jr. and Affiliates are highly experienced, expert and nationally known and respected\u00a0injury attorneys committed to helping Massachusetts residents who have been injured due to no fault of their own. Our <a href=\"https:\/\/boston-personalinjury-lawyer.com\/\">Boston personal injury lawyers<\/a> have more than fifty years of experience negotiating favorable settlements and trying cases for our injured clients. Please contact our expert Boston, MA law office at 617-787-3700 or by email at <\/strong><a href=\"https:\/\/gilhoylaw.com\/boston-massachusetts-contact-gilbert-hoy-lawyers-attorneys.php\"><strong>info@gilhoylaw.com<\/strong><\/a><strong>, 24\/7, to receive a free and confidential consultation about your case.<\/strong><\/p>\n<p><iframe loading=\"lazy\" src=\"\/\/www.youtube.com\/embed\/mgyIoDq0TDc\" frameborder=\"0\" width=\"400\" height=\"280\"><\/iframe><\/p>\n<p><strong>Florida\u2019s \u201cStand Your Ground\u201d law creates an immunity from criminal prosecution for persons who use \u201cjustifiable force\u201d to defend themselves from someone using imminent and unlawful force against them.<\/strong> This far reaching law even creates immunity for the use of deadly force, under the right set of circumstances. This controversial law received national attention recently with the Trayvon Martin trial.<\/p>\n<p>For the first time, <a href=\"http:\/\/www.huffingtonpost.com\/spencer-aronfeld\/stand-your-ground-law-personal-injury_b_5358161.html\">a Florida appellate court examined the law\u2019s application in civil lawsuits.<\/a> The specific case involved a personal injury claim between two coworkers. Jose Alvarez allegedly beat his coworker, Derrick Roy Flemmings, with a baseball bat. During the criminal trial for aggravated battery with a deadly weapon, Alvarez successfully argued his defense under the \u201cStand Your Ground\u201d law. Flemmings filed a civil lawsuit against his attacker and their employer, arguing that the company was negligent in hiring and training Alvarez.<\/p>\n<p>The lower court dismissed the civil lawsuit, finding that where there was criminal immunity there would also be civil immunity. The Florida appeals court reversed the dismissal, and held that although there might be civil immunity, that is an issue that must be addressed at an evidentiary hearing. <strong>The issue of civil immunity under the \u201cStand Your Ground\u201d law, therefore, apparently will be determined on a case-by-case, fact-intensive basis.<\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"<p>The Boston Law Offices of Gilbert R. Hoy, Jr. and Affiliates are highly experienced, expert and nationally known and respected\u00a0injury attorneys committed to helping Massachusetts residents who have been injured due to no fault of their own. Our Boston personal &hellip; <a href=\"https:\/\/gilhoylaw.com\/blog\/how-will-florida-stand-your-ground-impact-personal-injury-analysis\/\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[29,28,4],"tags":[],"_links":{"self":[{"href":"https:\/\/gilhoylaw.com\/blog\/wp-json\/wp\/v2\/posts\/751"}],"collection":[{"href":"https:\/\/gilhoylaw.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/gilhoylaw.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/gilhoylaw.com\/blog\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/gilhoylaw.com\/blog\/wp-json\/wp\/v2\/comments?post=751"}],"version-history":[{"count":3,"href":"https:\/\/gilhoylaw.com\/blog\/wp-json\/wp\/v2\/posts\/751\/revisions"}],"predecessor-version":[{"id":753,"href":"https:\/\/gilhoylaw.com\/blog\/wp-json\/wp\/v2\/posts\/751\/revisions\/753"}],"wp:attachment":[{"href":"https:\/\/gilhoylaw.com\/blog\/wp-json\/wp\/v2\/media?parent=751"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/gilhoylaw.com\/blog\/wp-json\/wp\/v2\/categories?post=751"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/gilhoylaw.com\/blog\/wp-json\/wp\/v2\/tags?post=751"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}