Orlando wrongful death lawyer

Published on: September 10, 2018

Court: Marathon Runner Death Lawsuit Can Proceed

People who run 5ks, 10ks, half-marathons and marathon races know they have to build up their endurance – both muscular and cardio – in order to run the race safely. Marathon races especially can be grueling, and it’s understood that to some extent, when one chooses to participate, they are accepting an inherent risk of possible physical injury or illness. However, that does not absolve organizers of these races and communities where they are held from ensuring medical help is promptly available to anyone who may have suffered an unexpected health consequence in the course of participation.

Recently, an appellate court in California ruled a San Francisco family will be allowed to pursue legal action against the race organizer of a half marathon for failure to provide a medical doctor, ambulance or emergency medical equipment at the finish line.

According to court records, the 31-year-old participant suffered cardiac arrest after finishing the 13.1-mile park run. Numerous bystanders, including several fellow participants with medical training (three city firefighters) hurried to his aid while awaiting life-saving equipment, stored in a tent nearby. However, some 45 minutes after his collapsed, the runner died. Continue reading →

Published on: May 10, 2018

Court: Landlord Not Liable for Tenant Gym’s Lack of Defibrillator (AED)

By Dean Freeman

In Florida, there are laws in place requiring certain entities to be equipped with automated external defibrillators (AED). Commonly called “shock devices,” they are instruments used to electronically “restart” a person’s heart once they have gone into cardiac arrest. Here in Florida, F.S. 1006.165 requires every public school district that is a member of the Florida High School Athletic Association to have an operational AED on school grounds, and schools must make sure all employees and volunteers who might reasonably be expected to use the device are appropriately trained to do so. F.S. 258.0165 encourages (but does not require) state parks to have a functioning one on site at all times. Other provisions of Florida’s Administrative Code require them in dentists’ offices, state-owned or leased facilities.

Failure to abide these provisions could be grounds upon which to pursue a negligence claim if a facility or premises required to have an AED does not, resulting in a wrongful death that might otherwise have been prevented.

In a recent case out of California (where there are similar provisions), an appellate court ruled a landlord who leases commercial space to the operator of a health facility (which are required by state law to carry AEDs) doesn’t owe a duty of care to ensure those devices are provided. Continue reading →

Published on: July 6, 2016

Disney Liability for Fatal Alligator Attack That Killed Child Weighed

By Dean Freeman

Disney World is facing a serious liability after a fatal alligator attack at one of its resorts that claimed the life of a 2-year-old boy. The toddler had been splashing in 6 inches of water along the shore of a man-made lagoon, where the resort invited guests to gather that evening to watch an outdoor movie.

Posted alongside of the shore were a number of “No Swimming” signs, but nowhere did it mention the threat of alligators – despite the fact that alligators were known to live in the water and further, staffers had complained to management that guests had been feeding the gators and they feared there would be an incident.

Legal analysts and personal injury attorneys reviewing the known facts of the case have largely concluded that those “No Swimming” signs probably weren’t enough to issue an adequate warning for a serious risk that was foreseeable. The park, which attracts 55 million visitors annually, cooperated with wildlife officials and law enforcement in terminating six alligators on the premises and have also created additional barriers to the site. However, these actions will not be enough to shield the company from liability. Continue reading →