Fort Lauderdale injury lawyer

Published on: August 25, 2016

Piazza v. Kellim – Nightclub Shooting Liability Lawsuit

The family of a teen foreign exchange student who was fatally shot outside of a nightclub in Portland, Ore. will be allowed to continue pursuit of their premises liability lawsuit following a new ruling by the Oregon Supreme Court.

Peruvian Martha Paz de Noboa Delgado was killed in 2009 as she waited outside of a teen nightclub with a group of other foreign exchange students. She had been dropped off at the location, reportedly in a rough part of town, by her host family. She was just 17-years-old. It was later revealed the 24-year-old gunman suffered from schizophrenia. He opened fire on the group of students, wounding seven and killing two before turning the gun on himself.

Delgado’s estate filed a wrongful death lawsuit, Piazza v. Kellim, against the nightclub and related companies, as well as against the foreign exchange organization. The $1.8 million claim argues that the owners of the club and related firms failed to take reasonable measures to protect customers. Namely, they forced young patrons to wait outside in what they knew was a high-crime area. The club and others nearby had a long history of problems with crime, and yet did not allow customers to wait inside for entry. The lawsuit further asserts the club did not have sufficient security. Against the student foreign exchange program, plaintiffs asserted a failure to provide adequate training to the host family. Continue reading →

Published on: March 28, 2016

Woody v. Pembina County Annual Fair – Recreational Use Immunity

By Dean Freeman

In general, property owners and managers are bound by law to ensure lawful guests – particularly consumers and members of the public – are reasonably safe from foreseeable harms on that property.

However, there is one major exception, and it’s important to understand when it might apply. It’s called the “Recreational Use Statute,” and every state has one. In Florida, it’s codified in F.S. 375.251. The intention is to compel large land owners to allow public use of their property for recreational purposes by significantly reducing any potential liability he or she might face for injury by those guests.

Florida’s recreational use statute states that no land owner or lessee who provides the public with a park area or land for outdoor recreation cannot be presumed to extend any assurance that the area, land or water is safe for any purpose. The term “outdoor recreational purposes” can include (but isn’t limited to) activities that include things like swimming, boating, hiking, picnicking, motorcycling, pleasure driving, hunting and more. Continue reading →

Published on: September 19, 2015

Carbon Monoxide Poisoning Associated With Keyless Entry to Cars, Lawsuit Claims

By Dean Freeman

An injury lawsuit filed in a federal court in Los Angeles seeks class action status on behalf of all keyless car drivers.

The litigation alleges auto manufacturers should have initiated a recall of millions of keyeless entry and ignition models because the vehicles apparently did not shut off automatically when the driver failed to press the start and stop buttons. This, plaintiffs allege, put drivers at risk of carbon monoxide poisoning.

Already, plaintiffs assert there have been more than dozen deaths associated with this issue. There have also been numerous “close calls,” wherein people were able to evade danger before it turned deadly. Continue reading →

Published on: March 21, 2015

Study: Youth Football Injuries Reduced With Coach Education

By Dean Freeman

Every year, thousands of young football players sustain a variety of injuries, ranging from sprained muscles to concussions to serious head injuries.

Football is a popular sport in America. It isn’t likely to go away anytime soon, despite these incidents. Researchers have been working to tackle this problem by trying to identify the greatest risk factors and learn possible methods of prevention.

One of those studies was recently released by the Datalys Center for Sports Injury Research and Prevention. Analysts culled data from more than 2,100 young football players, ranging in age from 5 to 15. These individuals were involved in more than 100 teams across 10 youth leagues in four states.

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Published on: January 6, 2015

Stuhlmacher v. Home Depot – Defective Ladder Lawsuit Revived

By Dean Freeman

When it comes to ladders, as with any tool, improper use, lack of adequate training or general bad practices can result in serious injuries. But so too can ladders that are poorly designed or manufactured.

The American Journal of Preventative Medicine reports hundreds of thousands of ladder-related injuries every year result in treatments by U.S. emergency departments. One in 10 of these required hospitalization, and 90 percent occurred at a home or farm.

Some of the most common injuries included:

Continue reading →