South Florida Injury Lawyers Blog

Stories about elevator accidents reaffirm some people's severe elevator phobias -- horrible incidents that can happen anywhere, including elevator accidents in Sunrise. Last month's elevator accident stories from New York have some people worried about what can happen if an elevator fails to operate properly. In recent New York stories, a woman was crushed and killed while riding a public elevator, according to MCNBC.

"It was horrible and I felt bad about her but in my mind it was just another confirmation as to why I don't like elevators," says a reader of the latest MSNBC elevator accident article.

Our Sunrise elevator accident attorneys understand that both city and federal officials are investigating the freak elevator accident that took the life of an advertising executive. The woman was killed when the elevator malfunctioned. It happened as the lift suddenly shot up, crushing her between floors of the Manhattan offices of the ad agency Young and Rubicam. Freak accidents like this can happen at any moment. Residents are urged to be cautious while riding these devices. Elevators are to be properly maintained and inspected by officials in an attempt to stop these accidents before they happen. That, unfortunately, is not always the case.

Officials are looking into a power surge as the cause of the recent elevator accident. Although officials say that your chances of being in one of these accidents is "a billion to one," the truth of the matter is that you face some serious risks for accidents on elevators when they're not properly maintained. Yes, this accident may have been rare, but there are other types of accidents that happen more often than you might think.
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Transel Elevator Inc. is the company responsible for maintaining this elevator and several others in nearby buildings. It's undergoing an investigation to help ensure no more of these catastrophic accidents occur.

Transel was reportedly working on the elevator the day before the accident occurred, but still kept it open for public service.

To help keep you safe, consider following these few elevator safety tips:

-Stay alert. Know when the car arrives at your floor.

-Stand clear of doors when they're opening or closing.

-If the car is full, wait for the next one. Don't overcrowd an elevator.

-Don't try to alter the movement of the car's doors.

-In the event of a fire or another type of emergency, use the stairs.

-Never get on an elevator when the floor of the car isn't level with the floor you're standing on.

-Board the car and step to the back to allow room for other riders.

-Always grab the handrail or stand near a wall.

-Exit immediately when you've arrived at your floor. Do not wait for others.

-Keep moving once you've exited. Don't block the exit for other passengers.

Continue reading "Recent Accidents highlight risks of Elevator Accidents in Sunrise and Elsewhere" »

Injuries in Margate are likely to happen if a company doesn't properly prepare their stores for this year's Black Friday sales events. Black Friday is the biggest shopping day of the year and thousands of residents and visitors will be flocking to local retail center to snag some extra savings.

The Occupation Safety and Health Administration (OSHA) is offering companies safety tips to help keep employees and customers safe during this year's shopping rush. Companies are required to keep grounds safe for all visitors. In 2008, someone died during a Black Friday sales event. Each year, an untold number of consumers are injured by falling merchandise, on slippery floors and in darkened parking lots.

Our Margate injury attorneys understand that shoppers are on the hunt for excellent bargains and Black Friday is the perfect day to get some super deals. We would like to remind shoppers to keep the spirit of the holiday season in mind and to be courteous to other shoppers. Business owners are required to keep grounds safe, meaning they're required to take the proper safety precautions to eliminate hazards and risks for accidents.

The name Black Friday started in Philadelphia. It was originally used to describe the heavy and disruptive vehicle and pedestrian traffic which would take place the day after Thanksgiving.

Company owners and supervisors are urged to consider the following recommendations to help handle the sale-seeking crowds and to keep everyone safe this Black Friday:

-Have trained security guards, police officers or crowd management personnel on hand.

-Be sure that all employees are designated to a specific spot in your store. Make sure that you have enough workers on hand to assist customers.

-Make sure that employees are trained to handle large crowds.

-Make sure that all local police departments and emergency responders are aware of your event.

-Ensure that your company has the proper licenses and permits.

-Designate an employee to contact emergency officials in the event of an accident.

-Make sure your store is signed clearly, pointing out the locations of hot sale items, opening and closing times, restrooms, check-out counters, etc.

-Address dangers and procedures regarding overcrowding, violent acts, fires and crowd crushing.

-Set up rope lines and barricades to help direct customers.

-Keep an eye on your building's maximum capacity limits. Do not exceed.

-Keep employees at the entrances and exits of your stores.

-Keep walkways clear of congestion.

-Make sure employees are on hand to explain entrance procedures to customers before entering.

-Make sure that employees have an effective way to communicate should something happen.

-Trying using an internet lottery, tickets or wristbands to help distribute hot items.

-Keep shopping carts and other potential obstacles out of walkways.

-Remind everyone of the entrance process shortly before opening your doors. Make sure your employees are aware of this information as well.

-Keep employees on the sides of walkways instead of in the center of a path.

-Try using more than one entrance, if possible, to eliminate the rush.

-Make sure that shoppers with disabilities have a safe way to enter and exit your store.

-Never block your exit doors.

-Always have first-aid kits and Automated External Defibrillators (AEDs) on hand.

Black Friday doesn't have to be a dangerous day. With the proper precautions, shoppers can get some deals and store owners can get through the day without any headaches. Everyone is urged to be courteous to one another and celebrate the kickoff of the holiday shopping season safely.

Continue reading "Companies Urged to Prepare for Black Friday Rush to Reduce Risks of Injury in Margate" »

Elevator and escalator accidents in Fort Lauderdale and elsewhere throughout Florida can be complicated for a victim who is seeking proper compensation after an accident. These accidents can be the fault of the device's manufacturer, the property owner or the inspection agency. Unfortunately, faulty elevators put us at serious risks for injury on a daily basis as many of use ride them every single day. We step on to these elevators oftentimes without the thought of the potential dangers we're facing. Both elevators and escalators are required to undergo rigorous inspections and to be serviced regularly. Unfortunately, many are not.

Our Fort Lauderdale escalator and elevator accident lawyers understand how much maintenance these devices require. Day after day they transport thousands and thousands of pounds. Unfortunately, many of them are not properly maintained. Steps on escalators can come loose, elevator cables can become strained, flood hazards after heavy rainfall create risks for slip-and-falls, doors can jam, and clothing, fingers and arms can get caught in these devices. Elevators can plummet down the shaft, or their doors can open in a section of the building where there is no landing, causing a serious fall hazard.

Elevators and escalators have to be inspected by a certified inspector at least once every six months. To help raise awareness about the importance of safe-riding on elevators and escalators, the Elevator Escalator Safety Foundation is holding another National Elevator Escalator Safety Awareness Week. This year's awareness campaign will be taking place from November 13th through the 19th.

The week-long campaign is used to raise awareness about the need for safe equipment and to recognize the contributions that have been made by these devices to our quality of life.

In the United States, there are about 600,000 elevators and 30,000 escalators. These two devices help to transport nearly 600 million riders every day. Every year, more than 100 billion people ride an elevator and about 90 billion people use an escalator. They're used every day to provide us with convenience and quick travel.

Every year, approximately 30 people are killed and another 11,000 are injured on these transportation devices. Accidents can result in pinches, bone fractures, nerve and tendon lacerations ,and even death.

Injuries can happen when:

-Either of the machines get stuck.

-An elevator misses a floor.

-Escalators are not moving at an adequate speed.

-When elevators do not open at a level even with the floor.

-During jerky movements on either device.

-Elevator riders get stuck in the doors.

-Elevator doors open to an empty shaft.

-Elevators plummet down a shaft.

If you would like to join the National Elevator Escalator Safety Awareness campaign, you're urged to fill out a volunteer form. The foundation will provide you with all of the material you will need to help get you started in making a difference and helping to save lives.

Continue reading "Our Fort Lauderdale Injury Attorneys Invite You to Join Elevator and Escalator Safety Week" »

As cooler months approach, it will soon be time for Floridians to take the chill off by turning on the heat in your home, office or business. Since the heat doesn't get used often, it's a good idea to have the wiring and furnace inspected to make sure everything is in working order. Businesses and landlords have an obligation to the safety of renters and patrons to reduce the risk of fire-related accidents in Margate, Pembroke Pines, Coral Springs or elsewhere in Florida.

Port St. Lucie injury lawyers know that fires can cause a tremendous about of damage, not to mention severe or fatal injury if a person can't escape in time. Fatalities caused by fires or burns are the third most common type of fatal home injury.

The Florida Fire Marshal's Office reports that the daily average for residential fires in Florida is 209. Most fire accident victims die from toxic gases or smoke inhalation, not severe burns. The most common causes of residential fires are related to kitchen fires, faulty wiring, a smoldering cigarette being carelessly left somewhere, children left unsupervised to play with matches or lighter, and leaving a heating unit unattended. A vast majority of Florida residents killed in fires are ages 40 and over. Failing to install or maintain an operative smoke detector is a common occurrence in more than half of the homes that catch on fire.

A Home Fire Safety checklist can help prevent a fire before it starts or detect any hazards that could lead to a fire. Some items that should be checked periodically include:

-Check for frayed or loose wires or cords on appliances or heating units.

-Make sure outlets have surge protectors and are not overloaded with cords.

-If you notice an unusual smell or see a spark, consult a professional immediately.

-Conduct an annual inspection on the furnace or heating unit.

-Never use a light bulb over the maximum wattage instructed by the light or lamp manufacturer.

-Always keep the fireplace covered with a screen, even after you think the fire has died out. Ashes and embers smolder much longer than you may think, and can cause a rug or carpet to ignite rather quickly.

Most fires can be prevented by placing a smoke detector with operable batteries on each level of the home, office or business. Also having a fire escape route can reduce the amount of smoke inhalation or burn injuries a person can incur if he or she exits the building quickly. Sprinkler systems are a good investment for homeowners, apartment buildings or businesses because they can often detect and expedite putting out a fire before it gets out of hand.

Fire-related accidents can start and spread quickly so being proactive is the best step to take in order to reduce the risk of severe burn injuries or smoke inhalation caused by a fire outbreak. In 2009, approximately 3,200 deaths occurred from accidents involving smoke and flames, which was the sixth leading cause of death in the United States. The National Safety Council, Amerex and First Alert are offering tips to prevent fires from starting in the home or office.

Continue reading "Detecting Hazards Can Reduce Risk of Injuries in Fire-Related Accidents in Margate, Elsewhere" »

A 31-year-old tourist died recently during a parasailing accident in Florida. The parasailing boat, Almost Heaven, lost power mid-trip and sent the tourist plunging down into the Gulf of Mexico from hundreds of feet in the air, according to 13 News.

Parasailing accidents in Fort Lauderdale and other beach towns in Florida contribute to a number of tourist injuries every year. With the lack of state and federal regulation of this industry, many companies slack on safety standards.

"It wasn't dead in the water. Our understanding is that it was able to make a bare-steerage way. Just enough propulsion to maintain the course," said Coast Guard Deputy Cmdr. Peter Martin. "But could not come up to speed."

Our Fort Lauderdale tourist accident attorneys understand that tourists flock to our beaches to enjoy the sandy shore, parasailing, jetski rides, boating excursions and a number of other tourist attractions. A number of these activities lack government overview and are free to operate as they wish. Without this type of supervision, tourists face a greater risk of being injured in Florida. We are unable to report an exact number of tourist accidents in this industry because there are no state or federal regulations that apply specifically to parasailing. The only thing that regulates these rides are rules that apply to all commercial vessels.

According to witness reports, the parasailing tourist waved from the water after the plunge to signal that he was alright. He was still connected to the parachute that allowed him to float in the water. He was still being pulled by the boat, at an accelerate rate of speed, once he landed. The victim was wearing his life jacket.

A number of emergency crews responded to the incident but we're unable to save the man. When they pulled him out of the water, he was unconscious.Officials have yet to determine what happened between the wave from the water to the time they rescued him.

According to Florida Fish and Wildlife Conservation Commission Spokesman Gary Morse, all of the statements that were taken from witnesses corresponded. There were eight people on Almost Heaven, the parasailing boat.

The boat wasn't inspected, according to the Coast Guard. Florida Fish and Wildlife currently has the boat and is conducting an investigation.

A number of these parasailing companies along our Florida shoreline do not have up-to-date licensees or certifications. It is also reported that the operators of the parasailing equipment have little to no training in how to correctly use a parachute. A large number of them are not medically trained either. Even worse, these companies will often secure parasailers and take them through rides of windy weather, bringing riders too close to other boats, buildings and other land structures.

The council founder of Parasail Safety Council, Mark McCulloh, reports that there are about 350 parasail businesses that operate in the United States. He says that because of the lack of accurate accident statistics regarding this business, the industry can continue to promote the misconception that parasailing is safe and needs no state or federal regulations or operating standards.

"I think this is a very close-knit society of operators who are very secretive," he said. "No one wants to take responsibility for regulating this sport. "If you research parasailing statistics, it looks like the safest sport in the world. In reality, it's a huge industry without regulations."

Continue reading "Florida Tourist Killed in Parasailing Accident" »

In our Spring Break 2011 series we have been reporting on topics like distracted driving, alcohol-related accidents, and teen driving accidents. The fourth topic in our series is premises liability injuries, which are a serious danger for students and families who are visiting Florida for Spring Break. Owners of resorts, hotels, restaurants and night clubs have a responsibility to keep their patrons safe and free from personal injury accidents in Miami, Fort Lauderdale or elsewhere in the state.

The Fort Lauderdale personal injury attorneys at Freeman, Mallard, Sharp & Gonzalez understand the many circumstances that may result in the owner of a business or property being held liable for injuries sustained in an accident.

Due to the high volume of people vacationing during a small time frame, hotels, local businesses and restaurants may have a difficult time keeping up with safety issues. A few examples of accidents that may occur and could be considered negligent are slip and falls, pool injuries, elevator or escalator injuries, blockage of the fire escape, or balcony collapse.

These types of accidents can often lead to broken bones, spinal cord injuries or head trauma. Owners and managers have an obligation to maintain all areas of their property, as well as any rental equipment, in order to keep serious injuries or fatalities from happening.

The following are safety tips for patrons to use to avoid personal injury on Spring Break:

-When checking into the hotel, take note of all emergency exits and stairwells so you know their proximity in location to your room, pool, restaurant, or areas most occupied.

-When dining at local establishments, stay away from areas that are freshly mopped or under construction.

-Alert property management if maintenance issues are detected on escalators and elevators. Take the steps when possible to avoid entrapment.

-If the hotel pool or local beach is overly crowded, pick a less populated area. If this isn't possible, come back at a later time.

-When renting equipment, make sure someone on staff checks the equipment and properly trains anyone intending to use the equipment.

It is recommended that hotels, local businesses and night clubs keep their properties safe by providing the following safety to patrons:

-Enhance security by placing several guards throughout the property during the weeks of Spring Break from March to mid-April.

-Maintain all areas of your property. Place signage for any areas under construction or maintenance, or being cleaned (bathrooms and lobbies).

-Rental equipment should be maintained and functioning properly with routine safety checks.

-Have one or more lifeguards on duty during peak times.

-Never serve alcohol to underage teens.

Continue reading "Premise liability injuries in Palm Beach, Fort Lauderdale, a Spring Break concern" »

Dog bites and attacks are often a concern when it comes to the liability of Fort Lauderdale dog owners. Florida law places accountability and the responsibility for damages on dog owners if their pet bites another person in a public or private place. This is true even with no prior aggressive behavior being reported.

If for some reason the victim instigates getting bitten by the dog, the percentage of damages diminishes based on what percentage the victim played in getting bitten.

Our Fort Lauderdale personal injury attorneys fight aggressively for dog bite victims. We understand the severity and consequences of many dog bite injuries, especially in pit bull attacks.

Pit bulls are frequently rescued by dog owners but are one of the most dangerous pets to own. According to dogsbite.org during January-June 2009, there were 318 reported pit bull attacks leading to just over 1 bite victim (1.2) per incident. The majority of the victims (64%) reported severe injuries, while the remaining victims experienced a minor dog bite injury.

The age group suffering from pit bull bites the most was 21-54 (42%); children ages 5-11 suffered second most as 24% of bite victims. During one 6-month period in 2009, almost 7 out of 10 pit bull dog bites occurred off the owner's property. Florida reported the second highest number of pit bull victims among states at 34 during the first 6 months of 2009.

Recently in the news was the release of Mercedes, a pit bull freed after two years of confinement after killing a family's pet cat in Fort Lauderdale according to the Sun Sentinel.

Broward County animal control had placed Mercedes on death row following a zero tolerance dangerous dog law in 2008. The law stated a dog should be euthanized after one serious attack on a domestic animal. The County found the law controversial and was recently reversed because it conflicts with state law. Broward's new law will require that 2 attacks take place on a domestic pet before declaring the dog dangerous. Euthanizing the dog would not take place until a third attack occurs or a failure to abide by the restrictions placed on a dangerous dog.

The Center for Disease Control and Prevention offers the following dog bite prevention tips to potential victims:

-Avoid making eye contact with a dog directly.

-Only pet a dog after allowing it to sniff you first. Don't approach the dog quickly and stand still while it sniffs the back of your hand.

-Stand like a statue if an unfamiliar dog approaches you.

-Contact the local shelter or animal control office if a stray dog is spotted, especially if the dog is behaving erratically.

Continue reading "Dog bites a common danger in Fort Lauderdale, West Palm Beach" »

It was supposed to be a birthday celebration, instead five Haitian-born teens, friends since childhood, were found dead in their Hialeah motel room by a maid just days after Christmas.

The Miami-Dade medical examiner ruled the South Florida deaths accidental, the Miami Herald reports. Our Fort Lauderdale personal injury lawyers note carbon monoxide is believed to have been responsible. We are in the midst of what passes for winter in South Florida. And it has been colder than usual. When hotels, apartment buildings and businesses fail to ensure heating equipment is properly functioning, property owners can and should be held responsible when injury or death results.

According to the Daily Mail, the boys checked into the $62-a-night hotel room around 9 p.m. on Sun., Dec. 26, 2010 and were discovered at 2 p.m. the next day. The boys, aged 16 to 19, had just completed a fiction-based independent film project depicting life in Little Haiti.

The young men borrowed a car from a friend to make the trip. Some time after their arrival at the hotel they found the car battery dead and got a jump from a friend. Fearing the car wouldn't start again, they decided to let the motor run. Deadly carbon monoxide gas from the car exhaust found a pathway through an opened garage door and seeped into the hotel room above. The car was still running the next day when ambulance and law enforcement arrived to investigate. No drugs or alcohol are believed to be involved.

One friend of the victims told the Miami Herald that the hotel room was “sealed shut like an aircraft” and wondered why there appeared to be no ventilation ducts, which could have prevented the tragedy.

As we have noted in a prior post to our South Florida Injury Lawyers blog, property owners and manufacturers have an obligation to tenants, guests and consumers to ensure a safe experience and environment.

As of 2007, the Miami Herald reports, Florida law requires that gas detectors be installed in boiler rooms at hotels and motels. Residential buildings that hold a fireplace or heater or have an attached garage were required to have a detector installed within 10 feet of bedrooms by July, 2008. Police are now investigating whether the hotel was negligent in installing detectors.

According to the Mayo Clinic, carbon monoxide is tasteless, odorless and colorless. Because of this, victims of carbon monoxide poisoning are often overcome without warning. Once inhaled, the gas attaches to hemoglobin in red blood cells and blocks the body’s ability to absorb oxygen. Because it is nearly impossible to detect, it is known as a silent killer estimated to be responsible for 450 deaths and more than 50,000 emergency room visits each year, the American Lung Association reports.

The ALA indicates that all levels of carbon monoxide intoxication resemble flu or food poisoning symptoms – headache, nausea and weakness. At regular low-level exposure, victims can suffer lasting cognitive and physical problems. High-level exposure can render a victim unconscious, and often causes death if the victim is not quickly discovered, removed from the intoxication site, and treated.

Whether you are a renter, homeowner or property manager, making sure that fuel-burning stoves or appliances are located in a well-ventilated area can be a life saver. So can installing a carbon monoxide detector and regular maintenance of ventilation systems and gas-burning appliances.

Continue reading "Carbon monoxide deaths at Hialeah hotel lead investigators to question premises liability" »

Employers and business owners have an obligation to protect the health and safety of employees and guests as Black Friday kicks off the start of the holiday shopping season.

Our Fort Port St. Lucie injury attorneys understand there are many causes of injury during the hectic holiday shopping season, including workers' compensation claims, slip and fall accidents and premise liability claims in Fort Lauderdale and throughout South Florida.

In fact, the Occupational Safety & Health Administration has issued a warning to the nation's largest retailers, reminding them that they are responsible for the safety of employees during sales events meant to draw large crowds for Black Friday. An employee was trampled to death at such an event in 2008.

Among the safety tips the government provides:

-Use trained security or crowd-management personnel.

-Have a detailed staffing plan and ensure workers are properly trained.

-Contact local safety officials to make sure events properly comply with requirements.

-Use signs and other crowd control measures.

-Have an emergency plan.

Business owners and managers are equally responsible for the safety of guests. Injuries to guests during the holiday shopping season may include:

-Elevator or escalator accidents

-Parking lot injuries

-Slip, trip and fall accidents

-Assault or negligent security injuries

-Merchandise falling from high shelves

-Injuries caused by large crowds

-Accidents or injuries caused by inadequate lighting

When you or a loved one has been injured on business property, it is important to contact an experienced law firm as soon as possible after the accident. Frequently, a business or property owner will take steps to repair a negligent condition following an accident. And the extent of your injuries should not be the determining factor in whether or not you seek experienced legal advice. Too often, serious injuries, including head injuries, traumatic brain injuries, spinal cord injuries, or neck, back and joint injuries, do not appear serious at the time of the accident.

By the time the full extent of your injuries are determined weeks or months later, it can be much more difficult to make a proper claim for injuries and to conduct a thorough investigation.

Continue reading "Premise liability injuries a holiday danger in Fort Lauderdale, West Palm Beach, Port St. Lucie" »

A 49-year-old golf pro shop employee was severely beaten on Monday after he recognized a Rolling Hills Golf Club member behaving oddly outside the closed shop and opened the door to assist him, the Ledger reports. A Seminole County sheriff’s arrest report reveals that the victim sustained a broken nose, blood on the brain, an eye injury and various cuts after being assaulted with a pair of scissors and a golf club. The alleged perpetrator is being held without bail and faces charges of attempted first-degree murder and a host of other charges ranging from burglary to aggravated battery.

Our Hollywood, Florida personal injury attorneys know that incidents of workplace homicide have steadily declined since reaching an all-time national high in 1994 when 1,080 work-related homicides were reported. In 2009, workplace homicides reached an national low of 521.

Florida has seen a similar and ongoing downward trend in both fatal work-related injuries and workplace homicides since the Bureau of Labor Statistics began recording data in 1992. In Florida alone, the number of workplace fatalities dropped from 291 to 243 between 2008 and 2009 and the number of work-related homicides dropped from 41 in 2008 to 30 in 2009.

Nine out of 10 workplace fatalities (243) were men, while just 23 women were killed on the job. Of those, 7 were killed by a violent act or assault. More than half the victims were white and 65 percent were between the age of 25 and 54 at their time of death.

In Florida, workplace homicides reached a peak in 1994 with 78 murders. Since 1992, 933 Florida workers have been murdered while on the job, averaging about 50 homicide-related workplace deaths per year. Homicides are the second leading cause of death in the workplace and represent 12 percent of all work-related fatalities in both Florida and the U.S.

Business owners have an obligation to their patrons and employees to provide a safe work environment free of hazards – including protecting staff from potential acts of violence. Employing a security officer or establishing safety check protocols and equipment – like video cameras – can help protect staff as well as guests from assault. Negligent security, premise liability, personal injury or wrongful death claims may all arise from an act of violence in the workplace. An employee may also be entitled to Florida workers' compensation benefits.

Continue reading "Golf pro shop employee beaten by club member in bizarre Florida workplace assault" »

A Palm Beach work accident sent a man to the hospital after he fell 30 feet inside a water tank, the Palm Beach Post reported.

Fall Accidents at work are one of the leading causes of employee injuries nationwide, according to the Bureau of Labor Statistics.

Palm Beach County Fire-Rescue said the man was working at the county's water plant on Pinehurst Drive, just west of Jog Road. Details of his injuries were not available but he was reportedly transported to the hospital with broken bones.

Employers have an obligation to provide harnesses and other necessary safety gear for employees who are working at height. A worker who is injured on the job is entitled to Florida workers' compensation benefits, regardless of who was at fault. Such benefits are designed to pay for medical expenses, lost wages and other costs associated with a work accident. In other cases, where a personal injury or wrongful death is caused by the negligence of a third party, such as a subcontractor or property owner, a lawsuit may be filed seeking additional compensation.

In still other cases, a defective product lawsuit may be filed if dangerous or defective equipment contributed to a serious or fatal accident while on the job.

In 2009, the government reports 579 employees were killed in fall accidents. The overall number of serious and fatal work accidents has declined along with the struggling economy. Fall accidents killed 814 employees in 2007.

Continue reading "Falls a leading cause of serious and fatal work accidents in West Palm Beach, throughout South Florida" »

The scariest thing on the roads and sidewalks this Halloween may have nothing to do with the ghosts and goblins haunting your neighborhood.

The National Highway Traffic and Safety Administration reports that almost 5,000 motorists have died on the road during Halloween Week in the last decade, making it among the most dangerous weeks on the road. More than half of those fatalities were the result of drunk driving accidents. Nationwide, authorities will be conducting an "Over the Limit. Under Arrest" drunk driving crackdown from Oct. 25-31.

In addition to the risk for Fort Lauderdale car accidents, parents and children alike are at high risk for pedestrian accidents in West Palm Beach, Fort Lauderdale and throughout South Florida as walking sidewalks in the dark is, for most, a once-a-year activity.

Premise liability concerns can include slip-and-fall accidents, dog attacks, swimming pool accidents and other common property claims that become even more common around the strange occurrences of Halloween.

Injuries to children most often involve cuts or lacerations to the hands or fingers and most frequently involve kids ages 10 to 14, according to the American Academy of Orthopedic Surgeons, which reports that Halloween is among the holidays with the highest incidents of emergency room visits.

The Florida Department of Highway Safety and Motor Vehicles offers the following safety tips:

Motorists

-Stay alert and watch for bicycles and pedestrians.

-Kids will be excited and may suddenly dart into traffic from between parked cars.

-Be particularly cautious in areas with cars parked along the streets.

-Watch for children in the streets, especially in areas where there are no sidewalks.

-Be patient and slow down.

Parents and Caregivers

-Put children in light colored costumes.

-Use reflective tape to improve visibility.

-Make sure costumes do not create trip hazards or obstruct vision.

-Children should wear good shoes.

Continue reading "Real spooks of Halloween: Car accidents, pedestrian accidents, premise liability dangers in Fort Lauderdale and West Palm" »

A nearly decade-long battle waging between 270 residents of the small community of Tallevast and Fortune 500 giant Lockheed Martin appears to be easing with the pending settlement of a civil suit over contaminated groundwater, the Miami Herald reports.

Our South Florida premises liability attorneys have been monitoring the complex case where long-toxic, tainted, property changed hands several times and attaching liability became an epic legal struggle. It is believed that groundwater supplying the small community first became tainted more than 40 years ago when the American Beryllium Co. operated a plant manufacturing parts for nuclear warheads. In 1996, the land was purchased by Lockheed Martin and the plant was shuttered.

A 2007 Sarasota Herald-Tribune article reveals that Lockheed Martin was aware that pollutants existed in the soil and groundwater before selling the property, and for several years failed to disclose to state and local officials and Tallavast residents that area well water was contaminated with potentially toxic levels of TCE, or tricholoroethylene. TCE is a compound linked to lung, liver and kidney cancer, leukemia and lymphoma.

Three other resident lawsuits remain as residents continued to fight to have Lockheed Martin foot the bill to relocate 80 homes in the community from the contaminated site. The company argues it has taken steps to make Tallavast a safe place to live, but, at the same time, admits it will take 50 years to eradicate traces of the pollutant from the soil.

Neither Tallavast residents, nor their lawyers, are buying it. Meanwhile, 275 wells continue to monitor environmental impacts of the pollution plume and the state is launching a $125,000 door-to-door study that will detail family medical histories, among other things.

Continue reading "Battle between Tallevast residents and Lockheed Martin eases with civil suit settlement over groundwater contamination" »

Three 2-ounce bottles of mercury found in a homeowner’s garage and opened could see clean-up costs reach $250,000 after decontamination effort in a suburban neighborhood spread to several homes along Northwest Third Place in Margate, the Sun Sentinel reports.

After a resident found the three small bottles of the liquid metal in his garage, he poured some on his driveway and shared a bottle with neighborhood kids. The kids played with the material and carried the toxic material to at least four homes. The Florida Department of Health indicates that mercury can be harmful to humans depending upon how much of the liquid the victim handles and for how long. In short, under the right circumstances – namely eating it, breathing it or touching it – mercury exposure could lead to a Fort Lauderdale personal injury claim.

With that said, because the presence of mercury is so common in the environment, almost everyone carries at least trace amounts of the element in their bodies. In places like Florida, where commercial and recreational fishing and seafood consumption are major industries, most consumers identify mercury consumption concerns with eating fish and shellfish.

It is common knowledge that most all seafood is known to carry a conversion of mercury – methylmercury – which is absorbed via small intestines. The larger and older the fish, the higher levels of methylmercury they carry. Edible predatory fish like sharks, swordfish and king mackerel accumulate even more of the toxic element because they almost exclusively feed on smaller fellow mercury-carrying sea life.

But being exposed to mercury due to a homeowner's negligence is a different matter. What the homeowner was doing with the mercury will certainly be investigated. But the gross negligence with which it was handled has put neighborhood children, and possibly their families, at risk.

Continue reading "Margate mercury spill highlights personal injury and premise liability hazards at home" »

What started with a brawl between two minors waiting in a movie ticket line quickly spread to a melee involving hundreds of teens gathered at Aventura Mall Saturday night, the Miami Herald reports. Before the chaos was quelled, mall security and dozens of law enforcement officers from different agencies around Miami-Dade descended on the crowd. Twelve minors were arrested. Taser stun guns were used on four.

Three juveniles were charged with felonies and taken to the Juvenile Assessment Center for processing and the rest were released to their parents. This is the second time in five years minors were charged due to incidents involving mall security, law enforcement and Taser stun guns at Aventura. In both incidents, law enforcement and juveniles sustained minor injuries.

Mall management and property owners have a legal obligation to ensure a safe environment for patrons and employees. A serious premises liability injury was fortunately avoided in the Saturday brawl, which ultimately involved hundreds of children and adults. An injury due to premise liability or negligent security can occur at any time as a result of a host of unsafe conditions, including inadequate crowd management and control.

Experienced South Florida premise liability attorneys with Freeman & Mallard understand the complexities of such litigation and are dedicated to fighting for the rights of victims and their families in West Palm Beach, Fort Lauderdale, Port St. Lucie/Fort Pierce and the surrounding area.

The day after the incident Aventura Mall was seeing a steady stream of business as usual. When interviewed, mall shoppers were equally concerned and unfazed. Mall management and police are set to meet this week to discuss Saturday night’s events.

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A 14-year-old Hollywood boy avoided a possible 30-year prison sentence after pleading no contest to a manslaughter charge for shooting his best friend in the head with his mother's gun. The Palm Beach Post reported that the teen was sentenced to a rehabilitation program and could be released in nine months.

These are tragic cases. A Palm Beach child injury attorney can assist families in cases where a child is seriously injured or killed at a friend's house or on someone else's property, including a church, school or daycare center. Dog attacks and swimming pool accidents are frequent causes of child injury. But, tragically, the failure of families to safely store and maintain firearms continues to lead to serious or fatal accidents involving children.

The April 28 shooting death of the 13-year-old boy involved a 9 mm pistol belonging to the defendant's mother. She faces a charge of culpable negligence and the judge has entered a not guilty plea on her behalf while she finds legal representation.

These cases are a tragically common occurrence in Florida:

-In June, a 2-year-old boy apparently shot himself after a man visiting the child's mother left a loaded handgun on a bed. The man reportedly worked as a security guard, according to ABC7.

-In January, the Fort Myers News-Press reported the case of a 2-year-old boy who shot himself while visiting grandma's house.

-In December 2008, a Cape Coral teenager reportedly made up a story about a break-in by armed burglars after shooting another boy in his home. The father in that case was also charged with culpable negligence.

The University of Michigan reports that 9 children a day are killed by handguns, including hundreds who die each year as a result of accidental shootings.

Safety advocates recommend the following safety measures:

-Keep the gun locked
-Keep the gun unloaded
-Store the ammunition locked
-Store ammunition in a separate place
-Hide keys to firearm and ammunition boxes
-Only parents should know the location of firearms in the home
-Check with local police for additional advice
-Never leave a gun unattended
-Teach children about the dangers of guns
-Talk to children about the risks of gun injury outside the home, including the homes of friends

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