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The overall number of traffic accidents and roadway deaths is climbing. This in itself is troubling. But our trucking accident lawyers in Orlando are especially concerned about the uptick in crashes involving large trucks. truck

These vehicles are massive. The damage they cause is substantial. Though they may occur less frequently than crashes involving smaller passenger cars, that’s really only because there are statistically fewer of them than smaller cars. When large trucks are involved in a crash, the injuries tend to be more severe. Fatalities are more likely.

Recently just outside of Orlando, one person died and another was left severely injured following a dump truck crash resulting in a fuel leak on a Thursday morning. The large truck was driven by a 56-year-old who made a U-turn at Fort Jefferson Boulevard from South Goldenrod Road. According to the highway patrol, a 30-year-old driver of a passenger vehicle, who had a 33-year-old passenger with him, was unable to stop in time to avoid a collision. He slammed into the dump truck. Both passenger vehicle occupants were rushed to the hospital, where the driver died.  Continue reading →

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The majority of slip-and-fall lawsuits in Florida are settled prior to trial. Many commercial premises liability policies provide millions in coverage, and sometimes companies want to just settle and move on. But of course, the dynamics are different with every case, and your slip-and-fall attorney needs to be prepared to take a case to trial if necessary. wet floor

In a recent case before the Mississippi Supreme Court, plaintiff in a slip-and-fall case was actually seeking a second trial, after the first ended in a verdict favorable to defendant. The question for the court was whether the fact that a convicted felon served on that jury should prompt a second trial. Among the many rights felons lose upon conviction is the right to serve on a jury.

The trial court agreed that this alone was enough to warrant a a new trial. However, the state supreme court disagreed and reversed that order. Continue reading →

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A defective sidewalk was reportedly to blame for injuries suffered by a California man who encountered an uneven slab that launched him some 30 feet from his bicycle. sidewalk

Now, according to the San Diego Union Tribune, city leaders have agreed to settle his personal injury claim for nearly $5 million. That’s a substantial sum considering previous defective sidewalk claims against the city have ranged in payouts between $75,000 and $235,000. The severity of injuries the man suffered as a result of the bicycle accident no doubt played a significant part in the city’s decision to settle, rather than take their chances at trial. The last time the city gambled on a trial involving a case of poor maintenance of city property (in that case, it was a dead tree), jurors awarded the victim, who was paralyzed, a $7.6 million verdict.

City officials originally called plaintiff’s injuries “minor” and “trivial.” Apparently after more closely reviewing the evidence, they had second thoughts of that characterization. Continue reading →

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In most medical malpractice lawsuits, plaintiffs have to prove “but-for” causation. What this means is but for the negligence of the medical professional, plaintiff would not have suffered an adverse outcome. doctor

However, this burden of proof would leave those who already had terminal conditions or residual chances of survival or existing serious illnesses with little or no chance of recourse for their doctor’s medical negligence. Enter the “loss of chance” doctrine. It’s generally used in medical malpractice lawsuits involving a plaintiff who can’t prove “but for” causation because he or she was likely to die from the condition even before the doctor was negligent. In these cases, the doctor’s negligence usually involves the failure to diagnose or treat, which causes plaintiff a loss of chance to survive or have a more optimal outcome.

In a recent case before the Washington Supreme Court, justices were asked to review two questions in a “loss-of-chance” medical malpractice lawsuit:

  • Should the court use a “but for” or “substantial factor” standard of causation in these types of claims;
  • Should evidence relating to contributory negligence be excluded based on plaintiff’s failure to follow a physician’s orders.

Continue reading →

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You may recall back in the late 1980s and early 1990s, there was an avalanche of litigation stemming from leaking breast implants. These silicone implants did not last as manufacturers promised they would, and there were also accusations that companies failed to warn consumers of the possible hazards caused by ruptured implants. These included pain and soreness, change in breast size or shape and may be connected to joint problems, such as rheumatoid arthritis.woman

All this led to the U.S. Food & Drug Administration banning manufacture of silicone breast implants for nearly 15 years. That ban was lifted in 2006, with the FDA agreeing to authorize just three companies to sell silicone implants in the U.S. Last year, the breast implant market generated about $635 million – and 8 out of 10 customers opted for silicone implants.

Now, one of those companies, a subsidiary of Johnson & Johnson, is the target of litigation that some are saying could be the “tip of the iceberg” for a new onslaught of personal injury claims. Continue reading →

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Parents of an Oklahoma boy have filed a personal injury lawsuit on behalf of their young son, alleging he suffered a brain injury while at day care.rocking horse

Of course, our injury lawyers know that kids are prone to getting hurt. They can be clumsy. They don’t always pay close attention to where they are walking or climbing or running. They often fail to appreciate the danger in every day situations. But that’s all common knowledge, and that’s precisely why a company running a daycare has the responsibility to keep a watchful eye. They have a duty to make sure their staffers are fully vetted, properly trained and carefully watched. They have a responsibility to make sure they hire enough staffers in ratio to the number of children in their care and that appropriate action is taken to prevent accidents, injuries and illnesses that are foreseeable.

Plaintiffs in these cases need to show that the child’s injuries were the result of negligence, which means the daycare facility and/ or staffers failed to exercise due care to prevent a foreseeable injury. Accidents that involve falls from playground equipment, illnesses caused by unsanitary conditions or slipping on some substance that wasn’t quickly cleaned – these are all incidents that were probably foreseeable. Similarly, a child injured by a daycare worker with a violent criminal background or a lack of basic experience would also be a foreseeable injury. Continue reading →

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We send our children to school with the expectation that the grounds are reasonably safe and the kids will be properly supervised. When this is not the case and an injury results, it could be grounds for litigation. icy pond

Generally, personal injury lawsuits against school districts tend to be tricky because, first and foremost, public schools are agents of the government. As such, they are entitled to certain protections, such as sovereign immunity, which is only waived under certain circumstances. Still, it’s usually accepted that there is a special relationship between school staffers and students, and thus a duty to protect.

In a recent case out of Wyoming, the question was whether a school district should be liable for injuries suffered to a child who fell while playing on a patch of ice on school grounds during school hours. The Wyoming Supreme Court, in reviewing the lower court’s ruling, analyzed four different elements of this case and determined the answer to the question of liability was: No.  Continue reading →

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The boy was just 14 when a Broward mass transit bus pulled away from its parked position while his hand was caught in the door. His mother watched in horror as the bus partially ran over her son. bus

Now, he’s an 18-year-old forever changed by that day. He suffered a traumatic brain injury that has rendered him permanently disabled. He suffers from neurocognitive disorder, adjustment disorder, auditory processing disorder, difficulty with speed and memory processing, deficits in motor dexterity and a number of physical limitations.

Recently, the county commissioners agreed to pay the family $850,000 in a settlement that will allow them to avoid trial. Of that amount, $300,000 will be paid immediately, as that is the maximum allowable under Florida’s sovereign immunity law. The rest, $550,000, would be paid by the county only if it’s approved by the state legislature, a process that could take years, though potentially made easier by the fact the county has agreed not to fight the claims bill, which has already been filed in the state Senate, but not yet in the House. The boy’s medical bills have already exceeded $650,000.  Continue reading →

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Typically if you are injured at work, you should be able to collect workers’ compensation insurance. However, because workers’ compensation is considered an “exclusive remedy,” your employer is immune from further litigation related to that injury – even if the company was negligent. There are a few exceptions, but they are very narrow.cars

What’s more, this immunity extends also to co-workers who are acting in the course and scope of employment. That means even if your co-worker does something that is extremely careless and you wind up hurt, you still can’t sue them. But (there’s always a “but”) there could be an exception if your co-worker was not acting in the course and scope of employment. This would apply to an extremely narrow set of circumstances, particularly if the plaintiff qualified for workers’ compensation. However, it is possible, as the recent Washington Supreme Court case of Entila v. Cook illustrates.

According to court records, defendant and plaintiff were both employees of the same company. One was heading into work, and one was leaving. The injury occurred as plaintiff was crossing the street on an access road belonging to the company, while defendant, operating his personal vehicle on that same road after finishing his shift. Defendant struck plaintiff with his vehicle, causing plaintiff to suffer serious personal injuries. Continue reading →

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An increasing number of new mothers and fathers are finding especially handy baby slings, those cloth wraps that can be used to help carry an infant in a reclined or upright position. The problem is that there weren’t any federally-mandated standard to regulate the safe design and use of those slings – until now.babyinred

The U.S. Consumer Product Safety Commission reports that the new federally-mandated standard created by ASTM International, Standard Consumer Safety Specification for Sling Carriers.

The new standard incorporates some of the most recent voluntary standards, with a slight modification involving label attachments. The new rule slightly modifies the ASTM’s standard by making it necessary to manufacture warning labels in a way where they will be permanent on the garment. The other mandatory standards for the baby carriers/ slings cover:

  • The structural integrity to make certain that even after all testing, there isn’t any tearing in the fabric, seam separation or breakage;
  • That the slings can carry triple the recommended weight of the manufacturer;
  • That the devices will stop the child from falling out when it’s being used normally (i.e., even if the child is wiggly).

Continue reading →

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