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Articles Tagged with Fort Lauderdale injury attorney

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It’s been seven years since a New Jersey girl was shot accidentally in her head with an metal arrow by a young boy, causing her to suffer a massive stroke and aneurysm that almost killed her. Now, according to NJ.com, a judge has allowed that discovery for her claim for product liability – including punitive damages – against the distributor of that arrow set may proceed. However, the judge denied discovery in the claim against the boy’s father, leaving the sporting goods store as the only defendant. bowarrow

According to news reports of the case, the girl and her twin sister were at a friend’s house one day in July 2010 when she wandered in front of a 9-year-old boy who was practicing archery with a compound bow in the same yard. The arrow, which can only be purchased by an adult with a hunting license, struck the girl between her nose and right eye. It tore through her cerebral artery, lodging into the left temporal lobe in the middle of her brain.

The arrow was reportedly purchased by the boy’s father at a sporting goods store in New Jersey. Under state law, it’s illegal to shoot any metal-tipped arrow without a hunting license – and those are only available in that state when a child turns 10. Further, anyone who sells youth-sized or metal-tipped arrows is supposed to inquire as to whether the user has a child’s hunting license. Continue reading →

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Government agencies owe a duty to ensure public walkways and thoroughfares are correctly designed and adequately maintained to minimize the risk of danger to pedestrians, bicyclists and motorists. When a dangerous condition results in an unreasonable risk of injury to members of the public, the agency may be liable to pay damages resulting from that injury.sidewalk1

An expose by the Sun Sentinel last year revealed Fort Lauderdale alone has 106 miles of bad sidewalk – enough to stretch from here all the way to Fort Pierce. On top of that, there are more than 850 miles of road throughout the city that really need sidewalks, but don’t have them. As the city strives to improve accessibility for all road users, this is a major challenge.

But even cities that are working toward improvements can’t escape liability if they are aware of a certain problem and fail to fix it or warn the public about it. Take for example the recent case of City of Beech Grove v. Beloat, a trip-and-fall injury lawsuit weighed by the Indiana Supreme Court. Continue reading →

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Property owners and property managers have a responsibility to make sure their site is safe for lawful guests. This duty includes residential landlords, who have many responsibilities to their tenants and tenant guests, including ensuring they are safe from an unreasonable risk of harm. apartmentrental

This could include things like:

  • Broken stairways
  • Unlit parking lots
  • Lack of security/ locks on the doors
  • Not having working smoke detectors

A recent case of Lompe v. Sunridge Partners before the U.S. Court of Appeals for the Tenth Circuit shows how landlords and property management companies can be liable for failing to make sure their properties are in safe condition. In this situation, it was a broken HVAC system that was the source of serious injury for a young college student. Continue reading →

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A cruise ship injury resulted in a$21.5 million verdict in favor of plaintiff after jurors in the federal lawsuit determined the cruise line was grossly negligent for failing to fix a faulty door, which was a known problem. cruiseship1

In Hausman v. Holland America Line-USA et al., tried in the Washington Western District Court in Seattle, plaintiff not only produced evidence of his own injury, but of similar injuries suffered by dozens of other passengers before him involving the same type of sliding glass doors that struck him. These other cases occurred across the company’s fleet, with the issue being faulty sensor settings.

Plaintiff alleged he suffered a minor brain injury when he was struck by the door as he exited behind several cruise members. Surveillance video of the incident, which occurred in open water, shows plaintiff approaching the doors and then being struck in the face and side of the head when the doors shut unexpectedly. Defense argued in trial plaintiff walked into the closing doors. Continue reading →

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Although many personal injury cases inherently conjure emotion in those responsible for deciding their outcome, courts must work hard to ensure emotion is not a substantial factor in the final judgment.caroncurve

For example, strong dislike of a plaintiff shouldn’t affect whether a jury finds that person entitled to damages, just as dislike of a defendant should not render them liable. But humans are emotional creatures. Sometimes defendants are unlikable and sometimes plaintiff’s situation is so awful, one can’t help but feel for them.

But if a jury does make a decision that is infused with sympathy and based on emotion rather than fact, it must be set aside.

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As we near the greatest gift-giving season of the year, we do recognize toys can be of great benefit to children, helping them to develop, learn and explore. However, they are also a source of serious injury.teddybear

A new report published in the journal Clinical Pediatrics indicates the number of toy-related injuries among children has risen sharply in the last two decades. Today, a child is rushed to an emergency room every 3 minutes for treatment of a toy-related injury.

In fact, researchers for the Center for Injury Research and Policy at Nationwide Children’s Hospital found more than 3.2 million children were treated in U.S. emergency rooms for toy-related injuries from 1990 through 2011. More than half of these instances involved children under the age of 5.

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When property owners or managers fail to ensure structures adhere to local and state building codes, there is a high potential for injury. After all, building codes are in place to keep us safe. cityscape1

Generally, when injury results from a hazard that violates applicable building code standards, a strong case for premises liability can be made. The code itself can help establish constructive knowledge of a dangerous condition. Still, there are sometimes exceptions to the rule, which is why it’s so important to have an attorney with experience on your side.

In some instances, older buildings are allowed to avoid expensive updates to bring a property up-to-date with current codes, a process called being “grandfathered in.” But this does not shield a property owner or manager in all instances, and it definitely doesn’t excuse failure to warn of a dangerous condition that is not obvious to tenants or guests. This is true even in cases where plaintiff may share some degree of fault.

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