South Florida Injury Lawyers Blog

The recent injury of a woman in a Fort Lauderdale dog attack has brought the rules and liability of dog ownership into the news. The Miami Herald reports that the woman was attacked by two pit bulls and a Rottweiler in front of a Fort Lauderdale church.

Dog attacks are a startlingly common occurrence: 4.5 million people will be bitten by a dog this year, or about 1 of every 60 U.S. residents, according to the Centers for Disease Control and Prevention. Nearly a million victims will require medical attention and more than 30,000 will undergo reconstructive surgery. Tragically, children are the frequent victims, with kids ages 5 to 9 at the highest risk of being bitten by a dog.

In this case, the 44-year-old woman was walking in the 1100 block of North Andrews Avenue when the dogs ran out of a nearby yard -- through a gate that had been left open. Passersby came to the woman's rescue and were able to prevent the dogs from attacking her further.

Florida is a strict liability state, meaning an owner is liable for damages in a dog bite case, regardless of whether the dog has a history of aggression or the owner knew of its propensity to bite. However, negligence on the part of the victim can reduce the liability of a dog owner in direct proportion to a victim's responsibility for the incident. It is important to note that under Florida law a child under 6 has been legally determined to be incapable of committing negligence under the dog bite law -- meaning no actions of a small child can lessen an owner's liability in the event of an attack.

Legal grounds for damages include common law liability, negligence, negligence per se and intentional injury. Negligence per se deals with an owner's violation of a law or statute, such as a local leash law enacted to protect the public.

Our Fort Lauderdale injury lawyers understand that a dog attack frequently involves a beloved pet or the pet of a neighbor or family friend. In such cases, we can work in as amicable a manner as possible to file a claim against a homeowner's insurance policy. But it is important for parents and the victims of dog bites to understand the importance of formally filing a claim. Injuries from a dog bite can be very serious and can include scaring, infection and fear and other emotional issues, particularly in older adults or young children.

Continue reading " Fort Lauderdale dog attack a reminder of owner liability in South Florida dog bite cases " »

A Fort Lauderdale scooter accident claimed the life of a rider on Tuesday night when a Jeep Grand Cherokee reportedly collided with the scooter while making a left turn at an intersection, the Sun-Sentinel reported.

The accident happened about 8:30 p.m. at the intersection of Davie Boulevard and Southeast Third Avenue. The 2010 Jeep was making a left turn onto Third when it collided with the 2008 KNRO Scooter, which was westbound on Davie Boulevard. The rider was pronounced dead at Broward General Medical Center.

Scooter and motorcycle accidents are a common danger in the Fort Lauderdale area and throughout Florida. As we reported recently on our South Florida Injury Lawyers Blog, more fatal motorcycle accidents occur in California and Florida than anywhere else in the nation. In 2008, a total of 523 riders were killed in Florida accidents, according to the National Highway Traffic Safety Administration.

Federal statistics show that more than half of all accidents are caused by motorists. Frequent causes include a motorist turning in front of a rider or failing to yield the right-of-way. Rider inexperience is another common cause and anyone injured on a rented motorcycle or scooter should contact a Fort Lauderdale injury lawyer to discuss their rights.

MotorWorks offers the following scooter safety tips:

-Wear bright reflective clothing and a helmet.

-Avoid riding in another motorist's blind spot.

-Obey the speed limit and never driver faster than your skills or weather conditions allow.

-Signal well before you turn or make a lane change. Consider using hand signals in addition to electronic turn signals.

-Use extra caution at intersections and entrances to parking lots and driveways -- don't let another motorist's actions take you by surprise.

-Keep both hands on the handlebars and both feet in appropriate locations while riding.

-Never leave a scooter unattended with the engine running.

-Reduce speed when riding on bumpy roads.

-Be especially aware of traffic behind you. Different speeds can lead to a rear-end collision.

-Don't rely on mirrors, which allow for only a partial view. Be aware of blind spots.

Continue reading " Fatal Fort Lauderdale scooter accident reportedly caused by careless motorist " »

June ushers in the official start of the 2010 hurricane season in Florida and our Palm Beach injury lawyers urge residents to take a weekend to ensure they are properly prepared.

The Palm Beach Post reports that a recent survey found Floridians under-prepared and under-motivated. Little wonder, since recent seasons have been quiet in the wake of 2005, which was the deadliest and most active hurricane season since modern record keeping began in 1928.

"Too few people in the most dangerous areas realize they're at risk, and too many people in relatively safe locations think they're at greater risk than they are," said Florida State University geography professor Jay Baker.

Baker's study was commissioned by the Florida Division of Emergency Management. It found that two-thirds of people at the greatest risk for evacuation don't believe they would be at risk from wind or rising water.

Highlights of the study include:

-About half don't have a definitive evacuation plan.

-Very few understood the lead time for watches and warnings, which are changing this year. Hurricane watches will be issued if conditions are possible on the coast within 48 hours. Warnings will be issued when conditions are expected within 36 hours.

-Most residents said they had emergency lighting, important papers, prescription medications, battery-powered radios, and adequate gasoline. But they were less likely to have adequate water and ice than during a 2006 survey.

The Florida Division of Emergency Management offers a Disaster Planning website that provides visitors with tools for designing a Family Plan, Business Plan, Plan to Strengthen your Home and a Plan for Kids.

The Sun-Sentinel also offers a hurricane readiness plan for South Florida residents:

-Plans for safe storage of boats and cars.

-Hurricane shutters and window protection.

-Plans for the family.

-Protecting pets and animals.

-Finding the safest place in your home.

-Evacuation plans.

-Seeking refuge at a shelter.

-Safe home planning.

-Securing doors, including garage doors.

-Safekeeping possessions, including important documents.

-Securing mobile homes.

-Protecting computers and electronics.

Many times, residents face the most danger in the aftermath of a hurricane. As you begin to clear the wreckage from your neighborhood, be sure to watch for downed power lines and report them to the electric company. Residents doing heavy lifting, using ladders, or utilizing power equipment like chain saws, should follow safety instructions. Helping a neighbor is the right thing to do. But be cognizant of the many environmental dangers in the wake of a hurricane. Those injured on a neighbor's property should be aware of their rights to seek compensation. Neck and back injuries are particularly common and can lead to long-term medical complications and other risks that you cannot afford to ignore while dealing with the aftermath of a storm.

Continue reading " Palm Beach injury attorneys urge residents to prepare for hurricane season " »

State officials report that Florida traffic deaths have reached an all-time low. When the Florida Department of Highway Safety and Motor Vehicles and the Florida Department of Transportation release the state's detailed traffic reports later this summer, the results will likely show fewer car accidents in Fort Lauderdale, West Palm Beach and Port St. Lucie/Fort Pierce.

Fatal Florida traffic accidents declined to 2,563 in 2009, nearly a 1,000 fewer than the 3,533 recorded in 2005. The 9 percent decline from the 2,983 deaths reported in 2008 brings the fatality rate to 1.3 deaths per 100 million miles traveled, the lowest rate ever recorded in Florida.

“The safety of our residents and visitors is a top priority, and reducing fatalities on our roadways is a step in the right direction,” said Florida Governor Charlie Crist. “I commend our safety advocates and law enforcement officers who ensure that Florida remains a safe place to work and play.”

Officials touted increased safety efforts, including the state's new primary enforcement seat belt law, while acknowledging fewer visitors and the economic downturn also played an important role.

The entire report for 2009 will be released later this summer. Meanwhile our Fort Lauderdale injury lawyers share some key facts from the 2008 report:

-Florida drunk driving accidents claimed 1,169 lives.
-Motorcycle accidents killed 532 riders and 8,519 were injured.
-118 riders were killed in bicycle accidents and 4,380 were injured.
-Pedestrian accidents resulted in 502 deaths and 7,878 injuries.
-A total of 193 teen drivers and passengers died in car accidents.

-A total of 346,610 drivers were involved in 243,342 crashes, or an average of 665 crashes per day. Those figures mean that a traffic accident occurs every two minutes somewhere in Florida.

-More than 111,000 people were injured, including almost 24,000 who suffered incapacitating injuries -- 25 people are seriously injured in a Florida car accident for every person who is killed.

Most frequent causes of fatal Florida traffic accidents:
-Careless Driving: 504 fatalities.
-Alcohol Use: 428 fatalities.
-Failure to Yield: 250 fatalities.
-Left of Center: 161 fatalities.
-Excessive Speed: 161 fatalities.

Traffic Accidents by County:
-Miami-Dade: 43,376
-Broward: 26,417
-Palm Beach: 13,831
-St. Lucie: 2,288

Continue reading " Fewer car accidents expected in Fort Lauderdale, West Palm Beach, Port St. Lucie " »

Distracted driving is a leading cause of West Palm Beach car accidents and traffic accidents throughout South Florida. Now, the National Safety Council has pulled together a report that compiles more than 30 studies looking at the dangers -- giving us one of the first comprehensive looks into just how dangerous it has become.

Distracted driving joins alcohol and speeding as the leading causes of serious and fatal car accidents. As we reported on our South Florida Injury Lawyers Blog, 1,169 people died in Florida drunk driving accidents in 2008.

Authorities continue to focus on the dangers of cell-phone use and text messaging while driving as a primary threat to motorist safety.

“Cell phone use while driving has become a serious public health threat,” said Janet Froetscher, NSC president and CEO. “Several states and municipalities have passed legislation allowing hands-free devices while driving. These laws give the false impression that hands-free phones are a safe alternative, when the evidence is clear they are not.”

Among the findings of the report:

-28 percent of all crashes in 2008 were the result of driver cell-phone use, leading to 1.6 million crashes and 645,000 injuries. Drivers who are on the phone are four times more likely to crash.

-11 percent of drivers are on the phone at any given point during the day. Eighty-one percent of motorists admit to using a cell phone while driving.

-18 percent of drivers admit to text messaging while driving. Teen (36 percent) and Gen Y (39 percent) drivers are the most likely offenders.

The National Highway Traffic Safety Administration has established a distracted driving website aimed at educating motorists about the dangers. The government is particularly concerned about cell phone use and text messaging by drivers because it includes all three forms of driver distraction: visual, manual and cognitive.

Other forms of driver distraction include:
-Eating and drinking
-Grooming
-Talking to passengers
-Reading or looking at maps
-Using on-board electronics, including stereos and GPS devices

The government reports that using a cell phone, whether hands-free or hand-held, delays a driver's reaction time as much as driving while intoxicated.

Continue reading " Distracted driving a primary cause of West Palm Beach car accidents " »

Volunteers are needed for Florida's Long-Term Care Ombudsmen Program, which advocates for the care of Florida nursing home residents, TCPalm reported.

Our St. Lucie nursing home abuse and neglect lawyers urge those with time to consider volunteering for this important program. The program operates under the Florida Department of Elder Affairs. Two or three paid staffers and about 400 volunteers work out of 17 offices throughout the state, where they monitor long-term care facilities.

“Ombudsmen are first and foremost advocates,” said Elizabeth Davis, the program spokeswoman. “We focus on residents, their needs, desires and concerns, and if a resident needs someone to speak on his or her behalf, we’ll be there to do that. We want to help facilities improve the quality of care they offer.”

Volunteers check on the quality of care residents receive, which includes the cleanliness of rooms and facilities, the quality of food, and the responsiveness of staff to the needs of residents. In facilities that have been the subject of complaints, Ombudsmen get 24-hour access and can arrive unannounced to investigate. Volunteers also work to help avoid issues like bed sores, falls and neglect.

The Fort Pierce office has 19 members, who meet monthly to go over complaints and discuss investigations.

We believe it is incumbent upon all of us to monitor the nursing home system and protect older residents from neglect or abuse. Nationwide, nearly 16,000 nursing homes care for 1.7 million elderly residents. In Florida, 676 nursing homes serve more than 71,000 residents, according to the American Health Care Association.

Nationwide, more than half of all nursing homes are part of a large chain corporation and two-thirds are operated as for-profit companies.

The Florida Ombudsman program offers a number of resources:

-Read Florida Nursing Home Resident Rights.

-File an abuse of neglect complaint involving a Florida nursing home.

-Contact elder care advocacy groups.

Continue reading " Volunteers needed to help review allegations of St. Lucie nursing home neglect and abuse " »

Florida cyclists have failed in an effort to prevent passage of a bill that requires bicyclists to use bike lanes whenever possible and to remain on the right side of the road.

Advocates for bicycling safety argued the measure will increase the risk of Palm Beach bicycle accidents and cycling accident elsewhere in South Florida, the Examiner reported.

While many motorists favor the measure -- claiming that is where riders should be anyway -- cyclists had urged Gov. Charlie Crist to veto the bill. They claim bike lanes, like those along A1A in Palm Beach County, are not safe and riding on the right side of the road is even more dangerous.

Florida is the most dangerous state in the nation for serious and fatal bicycle accidents. The National Highway Traffic Safety Administration reports that 716 cyclists were killed in 2008 and more than 52,000 were injured. Nearly 1 in every 5 fatalities nationwide resulted from a Florida bicycle accident. A total of 125 riders were killed in Florida that year. California, which reported 109 fatalities, was the only other state to report more than 100 deaths.

The Florida Bicycle Association vowed to regroup and fight for cycling rights during next year's legislative session.

Palm Beach motorists had complained that cycling in the road poses a danger, especially on A1A where there are no bike lanes.

Bicycle Safe provides cyclists with tips for avoiding dangerous accident scenarios:

The Right Cross: The most common type of accident is a T-bone collision with a car crossing from the right at an intersection. Riding tips include using a headlight and horn, slowing down and riding further to the left.

The Door Prize: Ride to the left when traveling along parked cars to avoid being hit by an opening car door.

The Crosswalk Slam: Riders are often struck in crosswalks by a motorist turning onto the street. Using a headlight, slowing down and avoiding crosswalks can help reduce the chances of this type of accident.

Wrong Way Wreck: Don't ride against traffic. Riding on the left side of the street increases your risk of an accident.

Red Light of Death: Riders are often struck at a traffic light by a car making a right turn. Avoid stopping in a vehicle's blind spot and make sure the coast is clear before proceeding after the light turns green.

Right Hook: This type of accident frequently occurs when a driver misjudges the speed of a rider and attempts to turn right in front of a cyclist. Riding further to the left and using mirrors to watch for approaching traffic can help reduce the risk.

Left Cross: In this type of accident, a car turning left across traffic collides with a cyclist entering the intersection. Using a headlight, wearing bright clothing, slowing down, and avoiding sidewalk riding can reduce your risk.

The Rear End: Being struck from behind can occur when a rider weaves in and out of parked cars or other traffic obstructions. Using mirrors and signals can help reduce the risk.

Continue reading " Palm Beach bicycle accidents at issue as Governor signs new law " »

A Palm Beach motorcycle accident has claimed the life of a teenager, CBS 4 reported.

The 17-year-old was eastbound on Wiles Road when his motorcycle collided with a Ford Escape that was attempting to turn into a parking lot. The accident sent the victim flying about 70 feet before he landed on the windshield of another vehicle. He was pronounced dead at the scene and the driver of the other vehicle was taken to Coral Springs Medical Center for treatment.

Our Palm Beach accident lawyers encourage parents to speak with their teenagers about safe driving habits as school lets out for summer. Car accidents are the number one cause of death for teenagers ages 15 to 20, according to the National Highway Traffic Safety Administration. In 2008, a total of 2,739 teenagers were killed in car accidents nationwide. In Florida, 195 young drivers lost their lives.

Florida motorists are at particularly high risk for being involved in a serious or fatal motorcycle accident. A total of 523 riders died in Florida motorcycle accidents in 2008, second only to California's 537 fatalities.

The NHTSA offers resources for parents wishing to discuss safe driving habits with their teenagers. At a minimum, parents should establish clear rules with teen drivers, including:

-Absolutely no alcohol

-Seat belt use

-No cell phones or text messaging while driving

-Curfew

-Limits on number of passengers in a teen's vehicle

Teens remain at increased risk for distracted driving accidents. The federal government's website, Distraction.gov, reports that young drivers under the age of 20 have the highest rate of distracted driving accidents in the country.

Continue reading " Palm Beach motorcycle accident claims life of teen; young drivers at increased risk of summer accidents " »

A Chicago man and his 6-year-old daughter were injured in a parasail accident on Monday, the Miami Herald reported.

Freeman & Mallard offers free and confidential appointments to tourists injured at attractions or on rental equipment -- including parasails and Jet Skis -- throughout South Florida, including Miami, Margate, Hollywood, Coral Gables and West Palm Beach.

In this case, the parasail malfunctioned and bounced them across the water and into a seawall, according to the Florida Fish and Wildlife Conservation Commission. Rental jet skis and other water attractions pose a serious threat to the health and safety of tourists. When a tourist is injured in a Miami accident or accident elsewhere in South Florida, a rental company, parasail business or other attraction can often be held liable for the injuries.

Jet Ski and watercraft rentals are particularly dangerous. About one-third of all serious watercraft accidents injure riders with fewer than 10 hours of experience; Nearly three-quarters of accidents involve riders with fewer than 100 hours of experience. More than 150 riders were seriously injured in Florida personal watercraft accidents last year, according to the Florida Fish and Wildlife Conservation Commission.

Miami-Dade and Broward County are ranked fourth and fifth in the state for the number of serious watercraft accidents. Like watercraft rental companies, parasailing operations have an obligation to ensure tourists and guests enjoy the water safely. When someone is injured, the company can and should be held responsible.

In this case, the father and daughter went up on the parasail about 5 p.m. Monday in the waters east of Miami's Bayside Marketplace. The parasail had trouble during the trip and went down, dragging the pair through the water until the rope broke. At one point the two collided with a seawall until a gust of wind shot them back into the air and then dropped them onto the ground.

Both were taken to Jackson Memorial Hospital for treatment.

Continue reading " Miami parasail accident injures tourists; Rental jet ski accidents also a summer danger " »