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According to a recent news article from Jacksonville.com, boating accidents and related cases of personal injury and death are on the rise this year as compared to years past.  One of the most important aspects of these findings discussed in the article is not that the numbers are going up, but that they are going up because of boat operators’ conduct.

South Florida Boat Accident LawyerOne person interviewed is a man who repairs docks around the state.  He has a 26-foot boat he uses when he is on the job, and he frequently sees first hand how irresponsible people can be when they are out on the water.  Some of the more obvious issues involved speeding well above posted limits in certain areas and that are supposed to be no wake zones.  He also speaks of a person using a personal watercraft such as wave runner or jet ski that crashed into a dock near where he was working. Continue reading →

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There was no shortage of fun family activities this past Fourth of July holiday, and that includes many spectacular fireworks displays in our area.  However, in addition to these safe and processional fireworks displays, there were many who chose to launch amateur fireworks at their back yard barbecues, or more likely, in the middle of the streets in front of their respective homes.

Fireworks injury South FloridaPrior to the holiday, the Miami Dade Fire Rescue department did what they could to prevent injuries, as seen in this article from the Miami Patch. However, despite these warnings, many people still enjoy backyard fireworks, and that is fine, but extra caution must be taken to avoid harm to yourself and others. Continue reading →

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According to a recent news article from the Orlando Sentinel, the Florida Supreme Court has just ruled that the existing damages cap on medical malpractice lawsuits is unconstitutional.  The bill in question was signed into law by then-Governor Jeb Bush in 2003.  It was very controversial at the time and is no longer the law in our state.

medical malpractice Lawyer The judges held, through their majority opinion, that caps on noneconomic damages are arbitrary, serve only to reduce a plaintiff’s recovery in the case of serious injuries, and are only for the benefit of the insurance companies.  The state officials and Bush originally justified the law on the basis that we were facing what they called an insurance crisis. Continue reading →

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According to a recent news report from the Florida Record, a woman has just filed a lawsuit against a major big box retailer for an alleged slip-and-fall accident. The incident listed in the complaint is alleged to have occurred in at a store in Orlando, Florida. The store manager and the corporation were listed as defendants in this Orlando personal injury lawsuit.

wet floor accident Specifically, plaintiff alleges she slipped and fell while shopping at the store.  She further alleged she slipped on what she is calling a transitory foreign substance that was on the floor.  The basis for negligence is that store employees, and ultimately store management, failed to clean up the transitory substance in a timely manner or place warning placards on the floor, and this is what caused her accident. Continue reading →

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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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