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A traumatic brain injury, or “TBI” as they are often called, can be deadly.  Even in cases where they are not fatal, they can substantially alter the quality of life of victim.  It can cost hundreds of thousands of dollars over the course of a victim’s life to treat and rehabilitate the victim, and other family members may need to stop working to take care of their loved one who has suffered a traumatic brain injury.  When that happens to a high school student who is at such a relatively young age, the effects on the victim and his or her family can be hard to imagine.

South Florida Personal Injury This is one of the reasons that, when calculating damages in a personal injury lawsuit involving a young victim, we must make sure that the cost of future medical treatment and rehabilitation is included in the demand.  This is the demand we ask of the defendant, his or her insurance company, and possibly a jury, should the case go to trial. Continue reading →

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One of the great things about the summer in Florida is all of the amazing fireworks demonstrations. However, while there are beautiful professional pyrotechnics displays, many choose to buy fireworks and have their own backyard (or middle on the street) displays on the Fourth of July and many other days surrounding the holiday.

Fireworks injury South Florida While this can be fun, when a person chooses to light their own fireworks displays, there is much a greater chance someone will be hurt, and these often are the result of negligence, gross negligence, or even a willful and wanton disregard for the safety of others. Continue reading →

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In Florida, if you get injured on someone else’s property, whether it is a private home or a business frequented by the general public, the law that controls whether the property owner is liable is known as premises liability law.  The basic rule is that a land owner will be liable to an injured guest in many situations, but it depends on the reason plaintiff was on the property at the time of the accident.

Deerfield Beach Injury LawAt common law, and still today, there is a distinction between licensees and invitees. A Licensee is someone who is on the property solely for his or her own enjoyment.  Basically, this person is on the property and is not benefiting the landowner.  This comes from a landmark legal decision from the Supreme Court of Florida entitled Stewart v. Texas (1953).  In this case, it was held that landowner only owes a duty to warn of known dangers, keep the property in reasonably safe condition, or intentionally places plaintiff in harm’s way.  An example of a business licensee would be someone who comes into a store to get change for a parking meter, but not to purchase anything. Continue reading →

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Hotels have a responsibility to guests to ensure the premises is reasonably safe for guests. Failure to do so is a form of premises liability. Swimming pools are a major attraction at any hotel, especially in Florida, so extra care must be given to ensuring it as safe as possible, and that warnings are posted of hazards that aren’t obvious.

According to a recent report from Fox 2 Now, a 12-year-old boy from Florida was killed in a swimming pool accident at a hotel in which his family was staying. He was with his older sister and brother, who is a toddler, in the water at the time of this tragic swimming accident.

pool accident lawyerAuthorities have said the child was swimming when he attempted to see how long he could hold his breath under water.  His sister was watching their younger toddler brother at this time.  He dived below the surface of the water and was there for around two minutes before his family saw what was occurring and pulled him out of the water. Continue reading →

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One of the most popular activities in our area is going out on a boat.  Whether we are talking about inshore fishing, deep-sea fishing, or just taking a ride, boating can be a lot of fun.  However, many people do not realize how dangerous boating can be if things are not done right.  The other issue is that many people who enjoy boating do so via rental, charter or on a friend’s vessel.  In other words, they have little control of the safety of the boat on which they are riding.

boating accidents Florida Every year in South Florida, there is an added emphasis put on Safe Boating Week. Concern has been heightened this year following the high-profile death of Marlins staff ace pitcher Jose Fernandez. Unfortunately, many serious or fatal boating accidents involve the operator being under the influence of drugs or alcohol. Continue reading →

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A slip-and-fall lawsuit plaintiff recently was handed a victory by the Alabama Supreme Court, which ruled the case should be remanded for trial because the defendant, in this case a restaurant, failed to prove the hazard in question was open and obvious.wetfloor

Even though this is an out-of-state case, the open and obvious doctrine is a pretty universal one in most states when it comes to premises liability law and slip-and-fall cases in particular. The open and obvious defense is an exception to the duty of care owed by property owners which requires that they use reasonable care to shield or warn lawful visitors from dangerous conditions. If the danger is open and obvious, it is presumed the visitor will take reasonable care to avoid it and protect themselves. There is no duty to warn of a condition that is obvious.

In the recent slip-and-fall case out of Alabama, the court examined the details of an injury suffered by the patron of a fast-food restaurant, cast in the light most favorable to plaintiff, who was appealing an earlier summary judgment in favor of defendant.  Continue reading →

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A new analysis by Harvard Medical School researchers indicates that while the number of successful medical malpractice claims in the U.S. has fallen – dramatically so – the average payout in successful claims has risen.doctor

Between 1992 and 2014, the number of medical malpractice claims nationally that resulted in a damage award to the plaintiff fell by a stunning 56 percent, researchers reported. However, the average amount that was paid out for claims that were successful climbed by almost 25 percent, from an average of $287,000 between 1992 and 1996 up to $353,000 from 2009 to 2014.

There are a few things going on here. The first is the very obvious effect of tort reform on medical malpractice lawsuits. Lawmakers across the country, under intense pressure from big industry lobbyists, have steadily carved away at plaintiff access to the courts for claims of negligence by medical professionals. Continue reading →

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A child under three is injured every eight minutes in the U.S. as a result of a product-related accident. Most of these involve products like:

  • Cribs
  • Walkers
  • Strollers
  • Carriersbaby face

In many cases, the child suffers a concussion or other type of head injury.

This information was derived from a new extensive study, published in the journal Pediatrics, conducted by researchers at the Center for Injury Research and Policy at Nationwide Children’s Hospital in Ohio. This all breaks down to about 66,000 serious child injuries a year that require treatment at a hospital emergency department. What’s especially troubling about the study, which analyzed data over the course of 20 years, is that baby and toddler product injuries were on a downward trend for the first several years, but have since been climbing again.  Continue reading →

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Facial trauma, which is also formally referred to as maxillofacial trauma, is any type of physical trauma to one’s face. It can involve soft tissue injuries, like lacerations, burns or fractures, as well as trauma such as eye injuries. child

Particularly when it comes to children, we know many of these injuries are preventable. They are often caused by:

  • Defective products (particularly infant and toddler items);
  • Sports-related injuries;
  • Car accidents.

April is National Facial Protection Month, according to the American Association of Oral and Maxillofacial Surgeons. The month was designated for the spring because it’s often the time at which children across the country start to become increasingly active in outdoor activities.  Continue reading →

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Anytime personal injury lawsuits are settled, there may be terms and conditions that must be read carefully. There are some situations wherein the language could prohibit any and all future claims against other potential defendants – and that may not be a scenario you want, depending on the circumstances. mechanic

In a recent appellate case out of California, the language of an earlier settlement agreement became an issue in a subsequent personal injury lawsuit filed by a mechanic against a property owner. The question before the appellate court was whether plaintiff’s claim against these entities was barred because of a settlement with one defendant

Here’s what happened: In 2011, plaintiff, a mechanic, was hired by the auto sales company to figure out why a vehicle owned by the sales firm wouldn’t start. Unbeknownst to plaintiff, the towing company had recently towed the vehicle to the site and disconnected the transmission shift linkage when it did this. However, the towing company employee did not reconnect the shift linkage. Plaintiff said he put the vehicle in park and climbed underneath to troubleshoot. When he went to test the electrical connection to the starter, the vehicle ran over him and dragged him through the parking lot.

Plaintiff’s spine was crushed.  Continue reading →

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