Articles Tagged with personal injury lawyer

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South Florida trampoline park injuries among children have seen a stunning rise, with an NBC6 investigation reporting nearly 300 falls and injuries at trampoline parks resulting in 911 calls, about 70 of those requiring paramedics. Among those calls were a 4-year-old boy with a sprained ankle and a 6-year-old girl left bleeding after a larger child jumped on top of her and a boy who suffered a head injury. At one business alone, there were 60 calls to 911 in two years.trampoline injury

Larger studies suggest the problem is widespread and growing. For instance, a study published in the journal Pediatrics revealed that between 2010 and 2014, there were approximately 92,000 emergency department visits made during the study period. That alone is troubling, but particularly when you consider that trampoline park injuries spiked 10-fold during the study period. Five-to-six new trampoline parks open across the country every single month, with an estimated 450 open as of the end of last year. That’s compared to the 35 to 40 that were in existence in 2011 and 280 in 2014.

Sprains and fractures were among the most common trampoline injuries, with dislocated joints twice as commonly occurring at trampoline parks as at residential trampolines. Also more common at the businesses were fractures more likely to occur in younger children – accounting for roughly 50 percent of injuries among children younger than 6.  Continue reading →

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A Florida personal injury that occurs on someone else’s property can in some circumstances be compensated under the legal theory of premises liability. These theory opines that property owners owe varying degrees of duty to protect lawful visitors (and sometimes even lawful visitors) from unreasonable risk of harm. This could be a slip-and-fall, a dog bite, faulty stairs or negligent security resulting in vulnerability to a third-party criminal attack. One of the most common defenses in Florida premises liability lawsuits is the “open and obvious” doctrine. injury attorney

Essentially, as noted in the Florida Supreme Court’s 1952 decision in Early v. Morrison Cafeteria Co. of Orlando, a business property owner has a legal right to assume those invited to the site will perceive potentially dangerous conditions that are open and obvious to the ordinary senses. One has a duty to avoid these open and obvious dangers, and a business has no responsibility to warn patrons of these dangers. It’s the concealed dangers – those the business knows or should know about – that require warning. In any case, business property owners do have a responsibility to use “ordinary care” in keeping the site reasonably safe.

One premises liability case recently weighed by the U.S. Court of Appeals for the Seventh Circuit considered whether a teetering tower of rolled insulation at a hardware store customer loading area was an open and obvious hazard, or whether the business owed a legal duty to address or warn of the potential danger.  Continue reading →

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A bicyclist who suffered a severe injury after his bicycle struck a pothole will receive a $6.5 million settlement from the City of Los Angeles, following lawmaker approval of a claims bill. The claims bill process involving public entities in L.A. is somewhat similar to how such matters are handled here in Florida, where damage caps per F.S. 768.28 allows for up to $200,000 per claim or $300,000 per occurrence, unless legislators pass a claims bill to allow for more. pothole1-300x225

According to the Los Angeles Times, plaintiff suffered severe and permanent brain damage when he encountered a pothole while on his bicycle. The impact tossed him from his bicycle, causing him to suffer several broken bones and a traumatic brain injury.

He alleged in his lawsuit that the street on which he crashed was poorly maintained, causing what was in essence a concealed trap for those on bicycles. Claimant presented evidence that he is likely to suffer some form of disability for the rest of his life. Members of city council agreed to approve the multi-million dollar settlement.  Continue reading →

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Jurors awarded $148 million in damages to a former dance student who was permanently paralyzed as a result of a poorly-maintained pedestrian shelter at a bus stop of Chicago’s O’Hare International Airport. That amount fell shy of the $175 million plaintiff’s attorneys sought for her injuries, but it was far more than the $30 million defense attorneys suggested to jurors.injury attorney

According to The Chicago Tribune, the City of Chicago, which is responsible for maintenance at the airport, conceded liability in the case. The only matter to be decided by jurors was how much should be paid in damages.

In Florida, when someone has been injured in any type of accident, there may be grounds to pursue both financial (economic) as well as non-economic damages. Economic damages are calculated by determining the cost of things like medical bills, therapy and lost wages resulting from the incident. Non-economic damages, meanwhile, are intended to cover the kinds of intangible negative impact of an injury. For instance, non-economic damages would cover things like pain and suffering, loss of life enjoyment, permanent disfigurement or loss of consortium.  Continue reading →

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State fairs are iconic Americana. The whir of cotton candy machines, the game jingles and, of course, the rides. personal injury lawyer

But the experience isn’t always as safe as patrons have come to expect. Recently in Ohio, a U.S. Marine recruit, just 18-years-old, was killed and seven others injured when the Fire Ball ride broke apart in mid-operation, just hours after it had passed its inspection. Video captured by a person nearby shows the ride swinging back and forth like a pendulum before it crashed and part of the ride went flying, dumping several passengers. Soon after the incident was reported other state and local fairs with similar rides shut them down, hoping to figure out what went wrong before re-opening them. The Dutch manufacturer of the ride, which reports there are 43 similar rides across the world, including 11 in the U.S., is conducting its own examination into what went wrong.

In the meantime, it’s caused many fair officials and regulators to take stock of the safety procedures currently in place, and whether patrons may face an unreasonable risk of personal injury or wrongful death just for seeking a few momentary thrills.  Continue reading →

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We trust that the products we buy are going to be safe when used as advertised. This is true when it comes to everything from kitchen appliances to children’s toys to motor vehicles. Those who purchase certain items for medically-required uses may rely even more heavily on these devices, and need to know these devices are safe. injury lawyer

Unfortunately for a man with disabilities who used a wheelchair, the product he used for mobility was proven unsafe. Plaintiff reportedly suffered injury to his lower extremity when an inward facing bolt punctured his skin. A month later, that wound was aggravated when a screw seat and aluminum seat rail failed, causing the seat to collapse and plaintiff to be ejected out of the wheelchair. The aggravation of that original wound meant it did not heal for a full three years, and he now suffers a permanent nerve-related injury.

Plaintiff filed his product liability lawsuit, alleging the chair was defective in its design, manufacture, warnings and repair. He presented evidence in his California trial that the design of his wheelchair was dangerous, rending the chair defective, and that the instructions provided by the manufacturer were inadequate, and thus the maker was negligent. Plaintiff presented evidence at trial that his wound-related injuries and nerve injuries are going to require $5 million in care in the future, and might not ever totally be resolved.  Continue reading →

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Serious injuries to two young girls, as well as an adult woman, who fell 35 feet from a Ferris wheel at a county fair have filed lawsuits against the fair, as well as the ride’s operators, owners and manufacturers.amusement park injury lawyer

The federal lawsuits, filed in federal court in the Eastern District of Tennessee allege the named defendants – as well as unnamed defendants who performed maintenance on the ride – were negligent, causing them to suffer serious personal injuries. The lawsuit seeks monetary damages in an unspecified amount. Two sisters, ages 6 and 10, as well as another girl, not identified in the lawsuit, fell from the ride when the gondola  in which they were seated suddenly overturned. Another woman on the ride also fell when the same thing occurred in her gondola. The 10-year-old suffered a broken arm while the 6-year-old suffered a traumatic brain injury. The 16-year-old, who is not a plaintiff, was not seriously injured. The unrelated woman, meanwhile, suffered a sprained left arm and shoulder.

The youngest girl, who was the most seriously injured, was hospitalized for extensive injuries, and continues to undergo physical therapy, speech therapy and occupational therapy, and continues to have ongoing treatment from neurologists. The 10-year-old has suffered severe emotional distress, while the younger girl continues to struggle with short-term memory loss, nightmares and is hypersensitive to low-level risks, such as being trapped in an elevator. Continue reading →

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Anytime personal injury lawsuits are settled, there may be terms and conditions that must be read carefully. There are some situations wherein the language could prohibit any and all future claims against other potential defendants – and that may not be a scenario you want, depending on the circumstances. mechanic

In a recent appellate case out of California, the language of an earlier settlement agreement became an issue in a subsequent personal injury lawsuit filed by a mechanic against a property owner. The question before the appellate court was whether plaintiff’s claim against these entities was barred because of a settlement with one defendant

Here’s what happened: In 2011, plaintiff, a mechanic, was hired by the auto sales company to figure out why a vehicle owned by the sales firm wouldn’t start. Unbeknownst to plaintiff, the towing company had recently towed the vehicle to the site and disconnected the transmission shift linkage when it did this. However, the towing company employee did not reconnect the shift linkage. Plaintiff said he put the vehicle in park and climbed underneath to troubleshoot. When he went to test the electrical connection to the starter, the vehicle ran over him and dragged him through the parking lot.

Plaintiff’s spine was crushed.  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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Jurors in Georgia awarded $5 million to a woman who suffered a paratransit van fall that caused her to lose her left arm and rendered her right arm useless. wheelchair

Deliberations lasted about 7 hours before finding the company that operated the non-emergency transport van was partially responsible for the 2012 accident that prompted the lawsuit, Smith v. Logisticare.

At the time of the incident, plaintiff was a left leg amputee and she was traveling in defendant’s van to get to a dialysis appointment. She reportedly was not properly secured into the van, and fell out of her wheelchair when the van hit a pot hole. Because she was not properly belted into position. Crush fractures suffered to her arms necessitated her left arm be removed and her right arm no longer functional.  Continue reading →

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