South Florida Injury Lawyers Blog

Similar to ATVs, jet skis and other personal watercraft present to their riders risks of accidents and injuries. Just like their land counter parts, personal watercrafts can collide and overturn with the same devastating results. Jet skis and wave runners can reach speeds in excess of 70 mph and handling them safely requires significant skills.

Our Palm Beach personal injury lawyers often represent clients in cases where recklessness or negligence contributed to a Florida watercraft accident.


Recently Tampa Bay Online reported on a horrific personal watercraft accident that changed a young girls life forever. Two girls ages 14 and 15 were riding personal watercraft on Lake Gibson when the two collided. Tragically the impact severed the 14-year-old's leg below the knee. Police divers looked for several hours trying to recover the unattached left leg.

Florida Fish and Wildlife Conservation Commission officers reported that both girls were wearing life jackets but neither had taken a boating safety course.

During 2006 through 2009 Florida Fish and Wildlife Conservation Commission reported that 42 children ages 16 and under were the victims of a personal watercraft crash. Florida had 149 injuries and 7 fatalities from 168 personal watercraft accidents in 2008. In 2009 there was 1 fatality and 152 injuries from 143 accidents.

We recently posted to our South Florida Injury Lawyers Blog about the proposed changes to laws pertaining to personal watercraft.

Personal watercraft safety tips:
-Know the features and controls of your personal watercraft.

-Wear an approved life jacket that will keep your head above the water.

-To summon help attach a whistle to your life jacket.

-Always attach the safety lanyard to you that will cut the engine if you fall off.

-Never ride at night.

-Be watchful of other vessels in the water, keep your distance, and stay at least 100 feet apart.

-Never ride after you’ve been drinking.

-Be familiar with the water you are riding in so you can avoid sandbars and rocks.

Also remember that just because you sign a waiver from a rental agency doesn't mean they are off the hook regarding their safety obligations. That is why contacting an experienced attorney is extremely important if you are injured on rented equipment.

Continue reading " ATV, JetSki accidents a high risk of injury in West Palm Beach " »

The Sun Sentinel recently reported on the tragic death of motorcyclist who was killed when he was hit by a vehicle traveling in the wrong direction.

Our Palm Beach injury lawyers and Fort Lauderdale motorcycle accident attorneys know that many times motorcycle accidents involving another vehicle are not the fault of the rider but of the driver.

As in this case, a 48-year old Coconut Creek man and father of two was killed, west of Boca Raton, when he was struck by a driver traveling south in northbound lanes. The Palm Beach County Sheriff's Office reports the rider was traveling north on State Road 7, near Grand Verde Way, around 3:00 a.m. on his Harley Davidson Sportster when he was hit by a 2000 Lexus GS 300.

The 60-year-old driver of the vehicle was headed south in the northbound lanes of State Road 7. When the rider saw the car he changed lanes to get out of the way. Unfortunately the driver realized he was in the wrong lane and changed lanes too. The rider was thrown from his Harley and died on impact. The driver of the Lexus crashed into the center median. It is unknown why the driver of the car was in the wrong lane and the crash remains under investigation.

The National Highway Traffic Safety Administration (NHTSA) reported that 5,290 motorcyclists were killed and an additional 96,000 were injured in 2008.

According to Ride Smart Florida Florida had 402 motorcycle fatalities and 8,202 injuries in 2009.

The following was true for Florida motorcycle crashes during 2008:

-38 was the average age for fatalities.
-31 percent of fatal accidents occurred in March, April and May.
-32 percent of fatalities were from a traumatic brain injury.
-46 percent of those injured did not have insurance.
-41 percent of fatal crashes were alcohol-related.
-$47,440 was the average cost for a hospital stay.

As of July 2008, Florida requires mandatory training to get a motorcycle endorsement. Training includes at least 12 hours of classroom time and at least 6 hours of motorcycle riding time.
Keep yourself safe while riding:

-Always wear a properly fitting DOT helmet.
-Don't speed and know your bike's limitations.
-Never tailgate other vehicles.
-Use your signals, don't weave through traffic or ride on the shoulder.
-Make yourself visible, use your headlights and don't ride in vehicle blind spots.
-Use both your brakes at the same time, nice and steady.

Continue reading " Motorcycle Accidents Common on Palm Beach Roads " »

Following the recent tragedy involving a tour bus company in New York City, the Federal Motor Carrier Safety Administration (FMCSA) has put passenger carrier safety on the front burner in order to reduce bus accidents in Fort Lauderdale and elsewhere in the country.

Our West Palm Beach bus accident lawyers know that tour buses and motorcoaches are a popular mode of transportation in Florida so safety should be a number one priority for the passengers who travel on them. Tour companies sometimes take a questionable approach to hiring drivers and maintaining their buses so surprise inspections should be conducted routinely to help keep the passenger carrier industry honest.

Almost 2,800 surprise inspections were conducted from March 28 through April 6 across the United States by FMCSA along with the help of state and local law enforcement officials. The surprise inspections, prompted by the death of 15 passengers traveling on a casino tour bus which crashed in the Bronx earlier in the month, came too little too late.

MSNBC reports the driver of the NYC tour bus shouldn't have been permitted to drive the bus after investigators found he had two licenses and several traffic violations. Tickets for speeding and driving without a license were issued to the driver which led to suspension of his license when he failed to respond to the charges. Federal regulations prevent drivers who have a commercial license from having more than one license but states don't prevent someone with a criminal record from having a commercial driver's license to drive a bus.

The nine-day period of passenger carrier safety inspections resulted in removing almost 300 unsafe buses or drivers from roadways across the U.S. There were 156 drivers and 262 vehicles cited for out-of-service violations. There are an estimated 3,700 registered motor coach companies in the U.S. of which only 1,042 had a compliance review done in 2010.

The U.S. Department of Transportation provided an analysis of all buses involved in fatal crashes. During the period of 1999-2008, Florida averaged 27 buses involved in fatal crashes per year.

With all the tourist attractions that Florida has to offer, tour companies stay in business by transporting passengers to sporting events, amusement parks, and other day or weekend trips. Passengers who suspect or experience unsafe driving behavior or commercial carriers are urged to call 911 or report the driver or coach by clicking on FMCSA National Consumer Complaint Database to file a complaint.

Before you plan or take your next trip on a commercial bus, passengers are encouraged to check Bus/Passenger Carrier Information for reputable companies with high safety ratings.

Continue reading " Tour Bus Accidents a Common Danger in Fort Lauderdale, West Palm Beach " »

The Virginia Graeme Baker Pool and Spa Safety Act (P&SS Act) went into effect several years ago after the child's death from a spa drain entrapment. Currently an investigation is underway by the U.S. Consumer Product Safety Commission (CPSC) regarding how flow rates were tested on pool and spa drain covers to comply with the P&SS Act standards.

Our Palm Beach personal injury attorneys are aware of the danger of drain entrapment from pools and spas. They know the force of the suction from a filter can pull a swimmers body part, clothing or hair into or against the pool drain. The powerful suction locks the victim to the drain and causes a high risk for a pool drowning accident.

There have been cases where small children have sat on drains and have sustained life threatening and fatal injuries from being disemboweled from the suction.

Massive amounts of information have been requested from laboratories that do testing on drain covers. CPSC staff is going over more than 17,000 pages of data covering testing protocols and procedures, test results and the type of covers that underwent testing.

It is hoped that CPSC can alert the public by Memorial Day weekend regarding which type of drain covers were improperly tested. Stringent flow rate standards are part of the P&SS Act and are vital in preventing deadly drain entrapment accidents.

Everyone that owns a pool or spa is encouraged to contact their pool/spa manufacturer and find out the type of drain cover you have. Make sure it is not the type that fits flush against the pool bottom, which is not an anti-entrapment style design. The Act requires public pools and spas to have the anti-entrapment style cover. Though it is not a requirement for residential owners it is wise to get one to avoid a potential drain entrapment accident.

The anti-entrapment cover is designed so that all the holes in the drain can't be covered all at once. This is what causes the victim to be locked onto the drain.
Shockingly, kiddie pools and wading pools commonly have single main drain systems, which is the system that has the potential risk to cause a drain entrapment hazard.

General pool maintenance should also be a concern for pool owners at this time of year. While many swimming pools are used year around in South Florida, it can mean there is no designated time to conduct a thorough review of your pool's condition. Addressing maintenance needs before a serious or fatal accident is the best bet for preventing a tragedy and a premise liability claim.

Continue reading " Pool and Spa Drain Accidents a Danger from Fort Lauderdale to Fort Pierce " »

Recently WPBF 25 reported on a boating accident that claimed one life and injured another.

Our St. Lucie personal injury attorneys know that boating is a wonderful activity. But it carries additional risks when operators are inexperienced -- which is a leading cause of Port St. Lucie boating accident.

The survivor of the boating accident has no idea what happened when a day of fishing on the St. Lucie River turned tragic.

Witnesses report that the boat was out-of-control when it crashed into the Evans Crary Bridge. The impact threw both passengers into the water. A nearby boat rescued one but the other passenger had already gone under the water. The missing passenger's body was found a day later. The cause of the crash is still being investigated.

According to the Florida Fish and Wildlife Conservation Commission from 2005 through 2009, Florida had an average of over 1 million registered vessels. There are roughly 656 reportable boating accidents a year. A reportable accident is one that involves at least $2,000 worth of damage.

In 2009, there were 51 fatal boating accidents resulting in 65 fatalities in Florida; an additional 426 sustained injuries.

Statistics for these crashes include:

-Worst month: July 8 fatal crashes.
-Worst time of day: between 4 p.m. and 7 p.m. reported 23 fatal crashes.
-20 deaths were from falls overboard.
-Males were operating the boat 96 percent of the time.
-89 percent of the boat operators had no boating education.
-18.5 percent of the crashes were alcohol/drug related.

In 2009, 62 percent of reportable boating accidents happened in 10 Florida counties:

-Monroe: 77 accidents, 3 fatalities.
-Miami-Dade: 62 accidents, 4 fatalities.
-Palm Beach: 56 accidents, 3 fatalities.
-Pinellas: 45 accidents, 4 fatalities.
-Broward: 30 accidents.
-Collier: 27 accidents.
-Lee: 24 accidents, 1 fatality.
-Hillsborough: 22 accidents.
-Volusia: 20 accidents, 5 fatalities.
-Bay: 20 accidents, 2 fatalities.

The next time you head out on the water remember to wear a life jacket, especially when the boat is moving. If you do take it off, know where it is in case of an emergency. And fill out a float plan and leave it with someone in case something happens. The information on the form includes things like your vessel and vehicle information, where you are going, who is with you and when you are due home. If you find you are running late let the person (who has the form) know you are OK and are just behind schedule.

Continue reading " Palm Beach, Miami-Dade, report high risk of Summer Boating Accidents " »

With the excitement of the Heat participating in the NBA playoffs and baseball season in full swing, it is probably a good time to remind motorists to drink responsibly at the game in an effort to avoid a drunk driving accident in Miami or elsewhere in South Florida.

Our personal injury lawyers in Fort Lauderdale enjoy a good game as well as the next person. But we also understand that far too many fans try to drive home while intoxicated. Affording the hefty price of beer at stadiums and arenas is one thing. Don't think for a second you can afford to drink and drive and risk the chance of killing someone in a drunk driving accident.

Earlier this year, the University of Minnesota completed a study on fans at sporting events and the amount of alcohol that was in their system as they left the stadium. Bloomberg Businessweek reported that the study found that 1 in 12 fans who were tested were legally drunk. The study used two different sports venues, though did not announce which ones. They tested the blood alcohol concentration of a total 382 willing participants following a total of 16 professional football or baseball games. Of those tested, 8 percent of fans were found over the legal limit when given the breathalyzer test. In addition, the fans who tailgated prior to the game were 14 times more likely to leave the game intoxicated than fans who didn't tailgate before the game. One in four tailgaters responded that they had at least 5 alcoholic drinks while hanging out before the game. The study found that older fans over the age of 35 were 9 times less likely to be drunk than someone who was under 35.

An interesting note about the respondents, only an average of 20 fans volunteered after each game and the majority of participants were male. A small percentage of respondents, only 14 percent were age 51 or over while 55 percent were between the ages of 21 and 35.

I am sure everyone has attended a sporting event at least once with an annoying fan who is wasted beyond belief. The alarming thing about this particular study is that sports venues are filled with tens of thousands of fans. If 8 percent of fans who leave the arena are intoxicated and they try to drive home at the same time, the odds are pretty good that someone will be involved in a drunk driving accident.

Unfortunately, CF News 13 reports that it isn't only drunk drivers we need to be concerned about. Alcohol-related incidents like vandalism and assault occur quite frequently inside the stadium when fans have had too much to drink.

The article suggests that fans should do the following to avoid becoming a statistic:

-In Florida, heat can lead to dehydration so drink water in between each alcoholic beverage.

-Be sure to eat plenty of food while you drink. Not only does it fill you up but it keeps you hydrated and slows your ability to drink more.

-If you drink, know your limit and cut yourself off well before you reach it. If you have had too much to drink, ask a responsible party to drive you home or sit with you in the parking lot long after the game has ended.

Continue reading " Sporting Events a High Risk for Drunk Driving Accidents in Fort Lauderdale, Miami " »

Keeping children safe is a number one priority for parents and our personal injury lawyers in West Palm Beach take the matter so seriously and continue to stay updated on child product recalls.

Manufacturers have a responsibility to test and put their product through certain safety measures before being sold to the public. Still, far too many products are found to be dangerous or defective each year -- usually after someone is injured or killed. We want to remind you to seek qualified legal help if your child has suffered serious injury from a child product defect in Miami, Fort Lauderdale, or elsewhere in the state. Medical costs and personal suffering can be insurmountable in situations like these so it is important that you know your rights.

Lately, it seems child product recalls have been announced fast and furiously. The U.S. Consumer Product Safety Commission continually reports on product defects so that consumers can be informed and prevent suffering injury. The CPSC has reported the following important child defective products recently:

-Infant bed-side sleepers manufactured by Arm's Reach Concepts are being recalled for hazards with entrapment, suffocation, and falls. There have been 10 reported cases to date where an infant has fallen from the raised mattress and became entrapped between the mattress and side of the sleeper.

-Troy activity trucks manufactured by Infantino are being recalled for a potential choking hazard. Plastic beads on the truck have been found detachable, which can cause children to choke if placed in their mouth. To date, there have been 28 incidents reported, two of which children were found gagging on the plastic beads.

-Pogo Sticks manufactured by Bravo Sports are being recalled due to the high risk of injury while using the stick. The frame tube found on the bottom of the pogo stick can break or come apart which exposes the pin holding the spring in place. Breakage of the pin or spring causes serious fall threats or lacerations while playing with the stick. There have been 123 incidents reported including several incidents involving a tooth being chipped or knocked out completely.

-Water walking balls manufactured by several brand or ride names are being recalled for a high risk of suffocation and drowning. The water-related recreational activity involves climbing inside a big rubber ball while walking on water, ice or grass. There is no emergency exit and the ball can only be opened by someone on the outside. There are only two reported incidents but both were seriously injured inside the plastic ball.

The CPSC encourages any victim who has been injured or has experienced a dangerous product to call the Hotline at 1-800-638-2772 to report the defective product. For more information on consumer product recalls visit the CPSC website. Consumers are reminded that it is illegal to sell or attempt to sell recalled products but if you have experienced an injury from a defective product contact legal counsel immediately.

Continue reading " Defective Child Products Common Cause of West Palm Beach Child Injuries " »

Throughout April, the National Safety Council (NSC) and FocusDriven are asking American's to be considerate of other motorists on our roadways and request that drivers stop using their cell phones behind the wheel during the inaugural National Distracted Driving Awareness Month. It is estimated that nearly 30 percent of all accidents -- roughly 1.6 million crashes each year -- are the result of drivers using cell phones and texting while driving.

Distracted driving significantly contributes to the number of West Palm Beach car accidents.

Our Fort Lauderdale personal injury lawyers recognize that cell phone usage and the use of other hand-held devices cause the greatest number of accidents. We urge you to practice safe and focused driving this month, and every other month of the year.

Both organizations, the NSC and FocusDriven, are encouraging motorists to commit to putting away their cell phones while operating a motor vehicle for the entire month. They're suggesting drivers put their phones away, in the glove compartment or in their trunks, to reduce the temptations of using their device while driving. Motorists are also encouraged to change their voice mail to alert callers they may be driving.

National Distracted Driving Awareness Month was created last month as a resolution by Rep. Betsy Markey (D-CO). It was passed by the U.S. House of Representatives in a 410-2 vote on March 23. It was greatly influenced the 9-year-old Erica Forney who was hit and killed by a distracted driver in 2008.

According to Distraction.gov, there are three types of distracted driving:

-Visual Distraction. This occurs when you take your eyes off the road for any reason at all, whether it's because of the radio, another passenger or a hand-held device.

-Cognitive Distraction. This is when your mind is focused on something else besides driving. This can happen when a driver is irritated, tired, upset, etc.

-Manual Distraction. This is when you literally take your hands off the wheel. This is common with the use of cell phones and hand-held devices. With manual distraction, cognitive and visual distraction usually follow.

“If drivers can go one month without using their phones while driving, they will find out – as many of us have – work still gets done. Many drivers realize most of the calls they thought were so important, really aren’t. It is our hope drivers will decide to make the change permanently. Doing so will make our roadways safer for everyone,” said Jennifer Smith, FocusDriven president and founding board member.

Police-reported accidents provide alarming statistics:

-In 2009, there were nearly 31,000 fatal accidents in the United States. In those accidents 33,808 vehicle occupants died.

- In 2009, approximately 5,500 of those 33,808 motorists were killed in accidents involving driver distraction.

-The number of accidents involving drivers that were reportedly distracted at the time of the accident increased from 7 percent in 2005 to 11 percent in 2009

-Drivers under the age of 20 had the highest proportion of distracted drivers that were involved in fatal accidents. The younger age groups also recorded the most fatal distracted driving incidents.

Continue reading " April Marks National Distracted Driving Awareness Month - Risk of Miami Car Accidents Increases with Distracted Driving " »

The Florida Legislature recently started the process of passing two bills that could put part of the blame on the victim in cases where accidents involve a defective vehicle, Automotive Discovery. Currently, Florida law deems the manufacturer to be completely responsible for serious or fatal injuries that result from a Palm Beach car accident caused by a defective product.

Our Fort Lauderdale personal injury lawyers urge you to stand against these bills as manufacturers need to take full responsibility when a defective automobile results in serious or fatal injury to a consumer.

“What they decided was the jury would not be able to hear all the evidence in these types of cases. And that’s wrong. That’s absolutely wrong,” said Sen. John Thrasher.

The bills come after the Florida Supreme Court sided with Ford Motor Co. and other automobile manufacturers when a trial neglected to allow jurors to consider the cause of an accident, according to The Palm Beach Post. This is was D’Amario vs. Ford Motor Co. case.

“We Floridians buy these vehicles and we are led to believe that they will be safe, and safe from inherent defects that will cause secondary issues that can cause even more damage, injuries to people,” said Sen. Maria Sachs, R-Delray Beach. “Those manufacturers should be held accountable whether it’s a tractor, a motor vehicle.”

The bill “changes Florida law to permit juries in a Florida courtroom to hear all of the facts leading up to a products liability case, thereby allowing that jury to apportion fault,” said Sen. Garrett Richter, R-Naples, sponsor of SB 142. “It’s an opportunity to put all the facts on the table.”

We urge you to contact your Florida House of Representative to express your opposition to these bills. Because of these new bills, it is now more important than ever to contact an experienced attorney if you've been involved in a car accident you believe may be the result of a defective product.

Continue reading " Florida measures would force victims to share fault in Fort Lauderdale accidents caused by vehicle defects " »

The National Safety Council (NSC) recently released new statistics showing the United States experienced a decrease in the number of car accident fatalities for the fourth-consecutive year in a row. The NSC found that there were approximately 34,700 motor vehicle fatalities in 2010 -- a 3 percent decrease from 2009 and the lowest total since 1949.

Our West Palm Beach personal injury lawyers know the news may not be all it's cracked up to be as the car accident fatality numbers showed an increase in the fourth quarter of last year.

Officials have observed and studied past fatality trends and found that the recession may be one of the main factors contributing to the decrease in car accident fatalities in West Palm Beach and elsewhere in the U.S.

The 3 percent decrease was recorded even when the nation's drivers drove almost 21 billion miles more than the previous year. According to the National Highway Traffic Safety Administration, the car accident fatality rate has declined roughly 25 percent since the peak of 2005 with more than 43,500 deaths.

In addition to the recession influencing the decreased number of fatal car accidents, some officials would like to give credit to new car safety features and better driver awareness. The NSC also credits the greater visibility of law enforcement and safety laws for the reduction in fatality numbers. They believe seat belt use, distracted driving, teen and impaired driving have all influenced the decrease.

“As encouraging as it is to see fatalities decreasing on our nation’s roads, the 2010 rate of decrease is less than a third of the previous year’s decrease,” said Janet Froetscher, president and CEO of the National Safety Council. “We must remain vigilant in addressing roadway safety issues where the greatest impact can be made, such as distracted and teen driving. As miles traveled start to rise again from recession lows, we want to ensure the continuance of this downward trend.”

According to the NHTSA, Florida experienced nearly 750 fatalities from car accidents in 2008. Roughly 1,700 vehicles were involved in these Florida accidents. Although these numbers seem high, Floridians have been altogether safer on our roadways. The Sunshine State saw a 14 percent decrease in car accident fatality numbers from 2008 to 2010. Our drivers should still remain on alert as our roads are often filled with tourists, snowbirds and other drivers unfamiliar with our roadways.

Continue reading " Decreased Number of Roadway Fatalities not to be Taken Lightly for West Palm Beach Car Accidents " »

The U.S. Department of Labor's Occupational Safety and Health Administration and the independent Occupational Safety and Health Review Commission have held Wal-Mart Stores Inc. to the full sentence and citation for inadequate crowd management.

The incident at issue was the November 2008 death of a worker who was trampled by a crowd at one of the company's New York locations.

Our Fort Lauderdale premise liability lawyers understand that companies have an obligation to the safety and welfare of workers, customers and guests.

As we previously discussed in our South Florida Injury Lawyers Blog, it is important to contact an experienced attorney as soon as possible if you've been involved in an accident on business property. Often times, a business will properly repair a negligent condition after an accident, making it harder to prove their fault in the court of law. It is also important to seek experienced legal advice regardless of the extent of you injury. Falls, in particular, can lead to neck, back and joint injuries, head injuries and traumatic brain injuries, which can be difficult to diagnose in the immediate aftermath of an accident.

Under OSHA's General Duty Clause, Wal-Mart Stores Inc. was issued a citation with a proposed fine of $7,000 for exposing workers to the recognized hazards of asphyxiation or being crushed by a crowd. That fine is the maximum penalty amount allowed under the law for a serious violation. A violation is considered serious when significant harm or death is likely to result from hazards the employer knew or should have known about.

"This is a win for both workers and consumers. It's only fitting that today the 100th anniversary of the deadly Triangle Shirtwaist Factory fire in New York City where 146 workers lost their lives that a judge affirmed OSHA's right to protect the safety and health of workers from clearly recognized hazards," said Assistant Secretary of Labor for Occupational Safety and Health, Dr. David Michaels. "Today's ruling supports OSHA's position that, even in the absence of a specific rule or standard, employers are still legally responsible for providing a place of employment free of recognized hazards that are likely to cause serious injury or death. If not properly managed by retailers, a large crowd poses a significant threat to the lives of workers and customers."

Continue reading " Wal-Mart cited for fatal crowd control violation -- premise liability issues common in Fort Lauderdale " »