When two YouTube stars wanted to pull off a stunt, they didn’t expect it to lead to a near-death experience and a $10 million lawsuit. But that’s where David Dobrik, 25, and Jeff Wittek, 32, have found themselves.

What happened, and who is at fault?

The Stunt That Almost Killed Jeff FM

Jeff Wittek, also known as Jeff FM, was a regular member of the “Vlog Squad,” a group of YouTubers that included David Dobrik.

In June 2020, Wittek and Dobrik, along with a few other members of their group, were making videos for their YouTube channels. Dobrik had an idea to put an excavator in the shallow water of a Utah lake and tie a rope to the end of the excavator bucket. People would hold onto the rope and swing around as the excavator spun.

Dobrik was operating the excavator when Wittek went for a ride. Wittek says Dobrik was spinning the excavator too fast and came to an abrupt stop. At that time, Wittek slammed into the side of the excavator and fell into the water.

The impact almost killed Wittek. According to BuzzFeed News, Wittek suffered nine skull fractures, a broken hip and foot, a torn ligament in his leg, and severe damage to his eye.

Now two years after the incident, Wittek filed a lawsuit against Dobrik. He is suing for personal injury.

Related: 6 of the Most Commonly Asked Questions About Personal Injury 

What Are the Details of the Personal Injury Lawsuit?

As a result of the accident, Wittek had a lengthy hospital stay. He was dangerously close to losing his eye, required multiple surgeries, and will have life-long brain injuries.

In an episode of his podcast and YouTube show, Wittek said, “I nearly died. I came an inch from death and an inch from going blind.”

Wittek is seeking $10 million in damages to cover his hospital bills and the cost of lost wages and earning capacity.

According to Dobrik, he feels bad about the incident. He said on his “Views” video podcast, “That day is the worst thing that’s ever happened to me. I would f—ing do anything to take that day back. I wish it was me up there. It’s the most unfortunate thing ever. And it’s s–tty — it’s an accident. That’s what it was. It’s an accident.”

Dobrik seems to feel bad about the accident, but now he may also be financially liable for the accident if Wittek wins his personal injury lawsuit.

Related: How to Prepare for a Personal Injury Deposition

How to Win a Personal Injury Lawsuit

For Wittek to successfully win his personal injury lawsuit, he will need to prove fault and damages. The excavator incident happened in Utah, but it isn’t clear where the personal injury lawsuit has been filed.

To prove fault in personal injury in Florida, a plaintiff needs to prove two things:

1. The defendant’s negligence or maliciousness caused an injury.
2. The injured party was damaged physically, emotionally, or financially because of the injury.

Wittek’s legal team will need to prove that Dobrik was aware that the situation was dangerous and proceeded anyway. They will also need to show that the injuries Wittek sustained from the accident led to financial damages and burdens.

Damages in this type of personal injury case may include:

• Damages to cover costs associated with the accident such as medical bills
• Damages to make up for loss of income and future earnings
• Damages to compensate for “pain and suffering”

Wittek will need to show how the accident led to specific monetary losses as well as non-monetary damages. Non-monetary, paid-and-suffering damages may include compensation for debilitating long-term physical impairments, emotional trauma, physical disfigurement, and/or damage to lifestyle.

At this time, Wittek is seeking $10 million in damages. Dobrik will need to decide whether to settle the case out of court or take it to trial to fight the lawsuit.

Related: Personal Injury Compensation: What Can You Fight For?

Do You Have a Personal Injury Case?

If you have been injured in an accident that wasn’t your fault, you are entitled to damages.

Talk to an experienced personal injury attorney about the details of your accident to see if you are legally entitled to compensation to cover the costs of your medical bills, loss of wages, pain and suffering, and other types of damages.

To talk to an attorney who will fight to get what is owed to you, schedule a free consultation with personal injury attorney, TJ Grimaldi today. Schedule your consultation or call 813-226-1023 to share the details of your case and create a plan to get what’s owed to you.

At the top of his game, Deshaun Watson had a multi-million dollar deal playing football for the Houston Texas. Now, his life is in limbo as two different types of courts and the NFL look into sexual misconduct accusations made against him by more than 20 women. How will the criminal, civil, or NFL league investigations affect his future?

What Is Deshaun Watson Accused of Doing?

Before March 2021, Deshaun Watson was mostly known for his work on the football field. The NFL quarterback had signed a four-year contract worth nearly $111 million with the Houston Texans. But, all of that changed when a line of women began acussing Watson of sexual misconduct.

What started as three civil suits against Watson eventually ballooned to 24 lawsuits. All of the civil lawsuits were filed in Harris County, Texas, and each alleged that Watson conducted varying levels of sexual misconduct. The lawsuits recount incidents said to have happened between March 2020 and March 2021, and two of the cases included claims of sexual assault.

According to The New York Times, “Watson was said in both cases to have pressured women to perform oral sex during massages and was accused in one of also having grabbed a woman’s buttocks and vagina. The civil suits alleged that Watson engaged in a pattern of lewd behavior with women hired to provide personal services, coercing them to touch him in a sexual manner, exposing himself to women he had hired for massages, or moving his body in ways that forced them to touch his penis.”

So, what do the allegations mean for Watson legally and professionally?

Related: Get Good Legal Representation by Asking This One Question

Potential Consequences in Civil Court

The 24 lawsuits against Watson were filed in civil court. As of June 21, 2022, Watson has settled 20 of the cases. The attorney representing the women, Tony Buzbee, issued a statement saying that the terms and amounts of the settlements were confidential and that those cases would be dismissed once finalized.

There are four remaining civil cases against Watson. The cases will either be settled outside of court like the other 20 cases or they could lead to a trial that could end with Watson paying financial damages if found guilty.

The 24 cases filed against Watson are in civil court, which means they carry no potential consequences related to jail time or fines. But the civil charges did spark a criminal investigation that could have led to those consequences.

Related: What’s the Difference Between a Civil and Criminal Case? 

Potential Consequences in Criminal Court

In April 2021, the Houston Police Department began investigating the allegations made against Watson. At that time, 21 civil lawsuits had been filed against him.

Almost a year later, in March 2022, a grand jury in Harris County declined to bring charges against Watson on any of nine criminal complaints. A second grand jury in Brazoria County, Texas, also declined to indict Watson on charges of sexual misconduct, as reported by The Athletic.

Watson never faced criminal charges related to the allegations, and at this time, he faces no potential criminal consequences.

Related: If You’re Arrested for a Crime, Immediately Take These 6 Steps

Potential Consequences from the NFL

The allegations made against Watson put his career with the NFL in limbo. Shortly after the civil suits were filed, the NFL opened an investigation into Watson’s conduct in March 2021.

The investigation has been ongoing for over a year and, in that time, Watson was traded to the Cleveland Browns in March 2022.

The investigation led to a recent three-day NFL disciplinary hearing that will determine if Watson violated the league’s personal conduct policy. Retired federal judge Sue L. Robinson, the arbiter jointly appointed by the NFL and the players’ union, oversaw the hearing which wrapped up in late June 2022.

Robinson will determine what punishment, if any, Watson will face from the NFL. If Robinson finds that Watson was not in violation of the policy, the case will be closed with no consequence to Watson. If Robinson finds Watson in violation of the policy, he could be suspended from the league for a year.

Either side could appeal Robinson’s ruling. In that case, NFL Commissioner Roger Goodell or a person he chooses would make the final ruling, according to NFL.com. The ruling is expected to be delivered before the Browns start training camp on July 26, 2022.

Related: What Does It Take to Be an Attorney for a High-Profile Case? 

Talk to an Experienced Civil and Criminal Attorney

In many cases, the lines between civil and criminal charges can blur together. If you are facing charges in either type of court, it is a serious matter. Talk to an attorney right away who can offer advice in both types of law. TJ Grimaldi has experience in both civil and criminal matters. Call 813-226-1023 or request your consultation today to talk to TJ about the details of your case.

It was a tragedy that could have been prevented. A two-year-old had access to a gun. He found it and accidentally fired it at his dad, killing him. Now, the mother of the child is facing criminal charges and will face the consequences of the terrible accident.

How Did a Two-Year-Old Shoot His Father?

Reggie Mabry, 26, and Marie Ayala, 28, lived in an Orlando home with their three young children. One afternoon, Mabry was playing video games in the same room as two of his sons — and a loaded gun.

A shot went off and hit Mabry. Ayala called the police and began performing CPR on Mabry. First responders arrived, but it was too late. Mabry was taken to the hospital where he was pronounced dead.

At first, investigators thought the shooting was suicide. Then, one of the boys in the room told his mom and authorities what happened. The five-year-old didn’t know how the younger boy got a hold of the weapon, but he said the two-year-old had found the gun and shot it, as reported by the Tampa Bay Times.

At this point, the responsibility for the shooting fell onto the mother.

Why Was the Mother Charged?

Ayala was charged with manslaughter by culpable negligence, among other charges. Authorities say she was responsible for the child having access to the gun, which made her responsible for the shooting and death of Mabry.

Orange County Sheriff John Mina said, “The gun was not properly stored. In fact, it was easily accessible, even to a two-year-old, and the result is a tragedy that no one in this community can really comprehend.”

It turned out that there should never have been a gun in the house in the first place. Both Mabry and Ayala are convicted felons and were not legally allowed to possess a gun.

Related: Misdemeanor vs Felony: What’s the Difference? 

What Is Manslaughter?

In addition to the manslaughter by culpable negligence charge, Ayala also faces charges for possession of a firearm by a convicted felon, possession of ammunition by a convicted felon, and violation of probation. In the past, both Ayala and Mabry had been on probation for child neglect and narcotics possession.

A manslaughter charge is a step below a murder charge, but it is very serious. In Florida, manslaughter by culpable negligence is a second-degree felony.

Manslaughter is defined under Florida Statute 782.07. It’s different from a murder charge because there is no intent to kill. In manslaughter cases, the defendant did one or more of the following.

• Intentionally completed an act that led to the death of another person.
• Persuaded or encouraged another person to complete an act that led to that person’s death.
• Was culpably negligent which led to the death of another person.

It is not entirely unusual for a parent to be held liable for the action of their children.

In December 2021, the parents of 15-year-old Ethan Crumbley were charged with four counts of involuntary manslaughter after they bought their son a gun which he took to school and used to injure seven people and kill four more. His parents each face four counts of involuntary manslaughter, one for each person killed by their son.

Related: How Much Jail Time Could Parents of Oxford School Shooter Get?   

What Consequences Does the Mother Face?

In Florida, the consequence for manslaughter by culpable negligence is up to 15 years in prison, 15 years of probation, and a $10,000 fine.

Ayala faces these penalties, as well the penalties from the other charges: possession of a firearm by a convicted felon, possession of ammunition by a convicted felon, and violation of probation.

Possession of a firearm by a convicted felon alone can result in up to 15 years in prison, a $10,000 fine, and up to 15 years of probation.

In some situations, a criminal manslaughter case can also lead to a civil wrongful death case. Families of those killed can file a civil case against the party whose negligence led to the death of their loved one. At this time, a wrongful death case seems unlikely since the man who died was married to the woman being held liable for his death.

In the end, it’s a terrible tragedy that will impact the lives of the entire family, and it could have easily been prevented.

Related: How Do You Sue for Wrongful Death? 

Protect Your Family and Yourself

Serious criminal charges can impact you and your entire family. If you or someone you love is facing criminal charges, talk to a criminal defense attorney right away. If you have a case to discuss, contact the office of TJ Grimaldi today.

Talk to TJ directly about the details of your case. Schedule your free consultation or call 813-226-1023.

An Alabama Department of Public Health employee was trying to do her job. Following up on a report of a dog attack, the official went to talk to the owner of the dogs. But, the employee didn’t get a chance to talk to the owner or file her report. She was killed by the dogs she was there to investigate

Now the owner of the dogs faces manslaughter charges. How do Alabama and Florida laws handle a tragic situation like this, and what potential consequences will the owner of the dogs face?

A Dog Attack While Investigating a Dog Attack

Jacqueline Summer Beard, a 58-year-old environmental supervisor and Alabama Department of Public Health employee, had a job to do. Beard was following up on a case where a woman was attacked by a pack of dogs in northwestern Alabama. The dogs bit the woman and caused her to be hospitalized.

Beard’s job was to talk to the owner of the dog and investigate the attack. The health department follows up on animal bites to look for potential rabies risks. But, Beard didn’t get a chance to talk to the owner. Instead, she was attacked by the dogs and killed.

Authorities arrived on the scene after nearby residents called to report a suspicious vehicle. When police arrived, the dogs began attacking people on the scene. At least one dog was immediately euthanized. At that time, police found Beard’s vehicle and her body inside.

Beard had been trying to contact Brandy Dowdy, 39, the owner of the dogs. Beard never made contact with Dowdy. Now, Dowdy faces manslaughter charges for what happened to Beard.

The Dogs’ Owner Faces Criminal Charges in Alabama

Alabama has specific legislation that relates to dog attacks. The Dangerous Dog Law, often referred to as Emily’s Law, was created after Emily Colvin was killed outside of her home by a pack of dogs in Jackson County in 2017.

According to CBS News, Emily’s Law calls for felony and misdemeanor charges for dog attacks. An owner is said to be responsible if their animal attacks, injures, or kills a person. The consequences are more severe if the animal had previously been deemed dangerous.

AL.com reported:

“If a dog that has been previously declared dangerous kills or seriously injures a person, the owner could be charged with a Class B felony, punishable by 2 to 20 years in prison.

If a dog that has not been previously declared dangerous kills or seriously injures a person, and the owner knew the dog had a propensity to be dangerous and recklessly disregarded that, the owner could be charged with a Class C felony, punishable by 1 to 10 years.”

It’s not clear whether Dowdy’s dogs, seven in total, had been previously declared dangerous, but her criminal charges mean she may face from one to twenty years in prison.

Related: Types of Personal Injury Cases: Do You Have a Claim? 

Will the Dogs’ Owner Also Face Civil Charges?

At this time, the dog owner faces criminal charges from the state of Alabama. The owner may also face civil charges in the future.

Beard’s family may choose to sue for wrongful death. In that case, the family would sue Dowdy in civil court and attempt to seek damages. To prove fault in a personal injury or wrongful death case, the family would need to prove that the death was caused by the negligence of the owner.

At this time, no civil charges have been filed.

Related: What’s the Difference Between a Civil and Criminal Case? 

What Are the Laws Regarding Dog Attacks in Florida?

In Florida, dangerous dog attacks are defined in Florida Statutes Chapter 767. Owners can be held liable for any injury their dog inflicts on a person, domestic animal, or livestock. There are some exceptions, such as if a victim’s negligence led to the attack or if there were signs present on private property warning people of the dog’s presence.

Like Alabama, Florida also has specific guidelines for dealing with incidents with dangerous dogs. A dog is deemed dangerous if it has:

“(a) Has aggressively bitten, attacked, or endangered or has inflicted severe injury on a human being on public or private property;

(b) Has more than once severely injured or killed a domestic animal while off the owner’s property; or

(c) Has, when unprovoked, chased or approached a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, provided that such actions are attested to in a sworn statement by one or more persons and dutifully investigated by the appropriate authority.”

If a dog has been declared dangerous, the owner can face more severe charges if the dog attacks and causes injury or death. The owner could be charged with a third-degree felony and face up to five years in jail.

In Florida, a victim or their family can also pursue a civil case if they are involved in a dog attack. They can sue for wrongful death or personal injury.

Talk to a Personal Injury Attorney About Animal Attacks

If you or someone you know has been involved in an animal attack, you deserve justice. Whether or not the owner of the dog has been criminally charged, you may have an option to pursue civil charges. Talk to a personal injury attorney or a wrongful death attorney to share the details of your story and see if you have a case.

Talk to an attorney right away. Schedule your call with personal injury attorney, TJ Grimaldi. Schedule your free consultation or call 813-226-1023.

When police in Santa Rosa, Florida, finally caught a burglar who had broken into multiple homes, they saw he had a gunshot wound. The County Sheriff seemed to salute the shooter and encourage others to shoot at anyone who breaks into their property. Is this good advice?

Florida Sheriff Praises Person Who Shot Home Burglar

On a Wednesday night in April, a neighborhood in Pace, Florida, had a flood of break-ins. Multiple residents called to report that someone had broken into their houses. When police showed up, they pursued the culprit as he ran away, jumping over fences and continuing to break into houses.

When they finally caught the 32-year-old suspect, he was wounded. He was shot, but not by a police officer. A homeowner had shot him presumably while the burglar was on their property. No one claimed responsibility for the shooting, and the burglar was arrested.

It seems that Santa Rosa County Sheriff, Bob Johnson approved of the shooting, according to statements he made at a press conference.

As reported by the Tampa Bay Times, Sheriff Johnson commended the shooter, saying he or she should attend a gun safety course to “learn to shoot a lot better” and “save the taxpayers money.”

“If someone is breaking into your house, you’re more than welcome to shoot at them in Santa Rosa County. We’d prefer that you do actually,” he said.

The sheriff also encouraged other residents to take action if they find someone breaking into their house. He invited people to take the sheriff’s office gun safety course offered every other Saturday, adding, “If you take that, you’ll shoot a lot better, and hopefully, you’ll save the taxpayers money.”

It begs the question: is it legal to shoot someone who breaks into your house, whether or not the local sheriff told you to?

Related: The Best Criminal Defense Attorneys Have These 7 Qualities

What Happens if You Shoot a Burglar on Your Property in Florida?

In the burglar shooting, it appears that no homeowner wanted to admit that they shot the culprit. Even after the sheriff’s encouraging words, no one came forward to take responsibility. It seems that whoever shot the burglar didn’t want to face any potential attention or consequences for their actions.

Without knowing the full details of what happened, we can’t know if what the shooter did would leave them in legal trouble. But, we can look at Florida laws to see what laws relate to the incident.

Florida Statute 776.031 outlines the use or threatened use of force in defense of property. It says a person is not permitted to use deadly force to prevent trespass. But, it also says a person is justified in “using or threatening to use deadly force only if he or she reasonably believes that such conduct is necessary to prevent the imminent commission of a forcible felony.”

According to this part of Florida law, it may be lawful to shoot someone if they break into your property and you believe they are going to commit a felony.

Another Florida law also relates to the situation.

Under Florida’s “Stand Your Ground” law, individuals can use deadly force as a means to protect themselves without first retreating from the threat. Florida Statute 776.012 says, “The use of deadly force is justifiable when a person is resisting any attempt to murder such person or to commit any felony upon him or her or upon or in any dwelling house in which such person shall be.”

According to this part of Florida law, it may be lawful to shoot someone if they break into your property and you believe they are going to murder you or someone else.

Related: What to Ask During a Free Consultation with a Lawyer

So, Is It Legal to Shoot an Intruder?

While Santa Rosa County Sheriff Johnson may have encouraged homeowners to shoot people on their property, it may not be as cut and dry as he made it sound.

If a person is in their home and feels that they have a reasonable fear of imminent death, danger, or bodily harm from an intruder or if they believe the intruder is about to commit a felony, the homeowner may be able to shoot and kill a person and not face any legal consequences.

But, it isn’t always a sure thing.

If you shoot someone, you would need to prove that you thought the intruder was going to commit a felony or harm you. Also, if you shoot an intruder in the back, you may not be able to use the “Stand Your Ground” law.

Related: If You’re Arrested for a Crime, Immediately Take These 6 Steps

Work with a Criminal Defense

Even if you shoot someone in self defense, you should still talk to a criminal defense attorney. Cases are rarely as cut and dry as they seem. An experienced attorney can protect your rights and ensure that you get the most fair and just outcome possible.

For criminal defense legal support, schedule a time to talk to TJ Grimaldi today. Schedule your free consultation or call 813-226-1023.