Hurt Due to Bad Conditions at a Florida Hotel? You Can Fight Back

Hurt Due to Bad Conditions at a Florida Hotel? You Can Fight Back

by Hotel Accidents

Hurt Due to Bad Conditions at a Florida Hotel? You Can Fight Back

If you are injured at a hotel, you may be entitled to compensation if you can prove negligence.

That’s what happened for one 75-year-old woman. After an unfortunate accident, she sued a Days Inn hotel in Bradenton and recently won $675,000 in her lawsuit against them.

What happened?

The woman slipped in a hotel bathtub and broke her leg. Her attorney claimed that it occurred because the bathtub lacked safety features like grab bars and slip-resistant surfaces, and the hotel failed to warn guests of the risks. This negligence led to the woman’s injury.

Though the hotel argued that the bathtub was properly maintained, and the woman failed to exercise reasonable care, the company representatives decided to settle out of court.

Why were they held responsible? Below, we’re going to explain how a skilled Florida injury attorney can use the laws of our state to help you receive the benefits you deserve.

Hotel Premises Liability in Florida

According to Florida premises liability law, hotels are responsible to provide a reasonably safe experience for guests. This means, in part, that hotels are accountable for warning guests against reasonable dangers. If they fail to adequately provide safety or reasonable warnings, they can be held liable for resulting injuries to those invited onto their property, including guests.

A personal injury attorney can help you if you are injured while staying in a Florida hotel by helping ascertain the cause of your injury and let you know if they believe you are entitled to compensation.

Examples of breaches in hotel responsibilities include the following:

  • Failure to clean up or mark off a slippery surface, which can lead to slip-and-fall injuries
  • Failure to inspect, maintain, and repair appliances, such as lamps
  • Failure to regulate the water temperature to prevent scalding

In a premises liability lawsuit against a hotel, you must be able to prove that the hotel’s breach of duty to you directly caused your injury, which resulted in financial losses.

However, note the special stipulations outlined in this section of Florida law:

“Premises liability for transitory foreign substances in a business establishment.—

(1) If a person slips and falls on a transitory foreign substance in a business establishment, the injured person must prove that the business establishment had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it. Constructive knowledge may be proven by circumstantial evidence showing that:

(a) The dangerous condition existed for such a length of time that, in the exercise of ordinary care, the business establishment should have known of the condition; or

(b) The condition occurred with regularity and was therefore foreseeable.

(2) This section does not affect any common-law duty of care owed by a person or entity in possession or control of a business premises.”

Florida courts will examine the foreseeability of your situation. If your attorney can prove that the situation was foreseeable and therefore preventable, you may have grounds for a premises liability lawsuit.

Why You Should File a Florida Premises Liability Lawsuit

Remember how much compensation the woman in the above example received? $675,000.

Why would the hotel be made to pay that much for a simple slip in the bathtub? Because it’s not a “payout.” The money is meant to cover the specific damages the woman incurred. Medical bills. Lost income. Transportation costs. Any pain and suffering she may have experienced.

Why You Should File a Florida Premises Liability Lawsuit

Expenses for even “minor” injuries can add up quickly, and if you’re forced to pay for it all on your own, it can be just as devastating as the accident itself – if not more so. Filing a premises liability lawsuit and winning compensation is a way to keep you from falling into a financial hole due to something that wasn’t even your fault.

Don’t you owe it to yourself and your family to avoid paying for another’s mistake?

 

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for the South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

Here's Why So Many Florida Kids Get Hurt in Bounce Houses

Here’s Why So Many Florida Kids Get Hurt in Bounce Houses

by Bounce HousesChildren Injuries & Accidents

Here's Why So Many Florida Kids Get Hurt in Bounce Houses

Kids love bounce houses. If they see one at a party, they go running. If the thought of this makes you want to start nervously biting your nails, don’t feel like a helicopter parent.

Why? Because the reality is that bounce houses may be more dangerous than we think.

Quick Stats about Bounce House Injuries

We don’t want to scare you, but the facts are the facts. Bounce house injuries are on the rise, causing harm to tens of thousands of children every year:

  • About 90% of inflatables-related ER visits have to do with bounce house injuries.
  • In 2010, a child got injured on a bounce house once every 46 minutes.
  • A third of these injuries included children under the age of six. (The Consumer Product Safety Commission recommends that children under the age of six should stay out of bounce houses altogether.)
  • Half of all states do not have government regulations concerning bounce houses. In 2016, an investigation conducted by WFTV-9 revealed that Florida is one of these states.

Why Do Florida Children Get Hurt in Bounce Houses?

Too many children are present (or not enough adults)

Bounce house injures include concussions, broken noses, and even spinal trauma. A lot of bounce house injuries occur when two children knock or fall into each other.

Bounce houses often have instructions that recommend the number of children allowed in a bounce house at one time, or how much weight the bounce house can hold. If there are too many children in the bounce house, it is always best to wait until some leave before letting your child play.

Additionally, you need to make sure that adults are watching children as they play. If children get too rowdy and start to do flips or somersaults, the risk of injuries could be even higher. Bounce house manufacturers may also print instructions for what children can and cannot do inside a bounce house, and adults who are standing by should be aware of these rules.

Children or adults enter the bounce house with dangerous objects

We’re not talking about knives here – or even pointy sticks. These “dangerous objects” mostly wouldn’t even be considered dangerous outside of a bounce house: keys, beer bottles, glasses, and so on. If any of these objects fall out of a person’s pockets or hands and a child slips or steps on them, they may face increased injuries.

Make sure that you, your child, and other bounce house attendees take off their shoes and glasses before they enter the bounce house. Attendees should also empty their pockets and place any items that may be hanging off their person aside.

Bounce houses are not secured properly

Bounce houses flying away in the wind. The image may sound amusing, but it really does happen, and it can cause serious injuries. Bounce houses have been known to fly dozens of feet off the ground because they were not properly secured.

If your child is at a party that has a bounce house, check with the homeowners about what they have done to secure the house. The same rules apply if you are at an amusement park or other business that has a bounce house present. If you are renting a bounce house, make sure that you read instructions very carefully.

Also, be sure that you check the weather before you rent or enter an outdoor bounce house. If the weather includes heavy winds or thunderstorms, it’s best to leave the bouncing for another day.

Was Your Child Injured in a Florida Bounce House?

Unfortunately, accidents do happen, but there are many steps along the way that can prevent most bounce house injuries. If your child was injured in a bounce house and medical bills are piling up, you may be entitled to compensation. Even though Florida does not have government regulations regarding bounce houses, you may still be able to file a personal injury case against the parties responsible for your child’s injuries.

Was Your Child Injured in a Florida Bounce House

Before you file, though, reach out to a Florida personal injury lawyer. The following factors could affect how you go about the case:

  • Who was “in charge” of the bounce house (amusement park, party hosts renting from manufacturer, etc.)
  • The warnings on the side of the bounce house
  • Any liability waivers you signed before entering the bounce house
  • The injuries that occurred
  • Any reckless behavior your child engaged in before entering the bounce house.

You can’t stop every accident from happening – especially when dealing with the negligence of others – but you can protect the rights of your child and your family by fighting back and holding responsible parties accountable.

 

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for the South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

Ways That a Florida Funeral Home Can Act Negligently

Ways That a Florida Funeral Home Can Act Negligently

by Funeral Home Negligence

Ways That a Florida Funeral Home Can Act Negligently

Losing a loved one is one of the most painful life experiences that we as humans endure. The bereaved often rely on the support of physicians, clergy members, and funeral home staff to make the process of losing a loved one easier.

The majority of funeral homes operate responsibly, treating the deceased with dignity and the survivors with compassion. Nevertheless, funeral home negligence is a growing problem in the United States. Becoming the victim of funeral home negligence makes the experience of losing a loved one much harder for the bereaved, and it is as unethical as it is unnecessary.

When you have just lost a loved one, you are vulnerable. You may be left in shock or feel numb, making it difficult to keep track of what’s going on. You may also be more easily coerced by predatory funeral home practices when you are in an emotionally vulnerable state. Unfortunately, some funeral homes take advantage of this vulnerability by failing to treat the deceased as promised, or by engaging in unethical business practices with the bereaved.

There are a number of negligent and unethical practices that funeral homes may engage in. Below, we’re going to discuss common forms of funeral home negligence and signs to look for in order to ensure that you and your loved ones do not become the victims of funeral home negligence.

If you feel that you may have been the victim of funeral home negligence, consult with a Florida personal injury attorney to help evaluate your case and learn what options are available to you.

Improper Cremation Practices

Because families of the deceased receive unidentifiable cremains after cremation, improper cremation practices are harder to catch and therefore a common form of funeral home negligence.

Funeral homes may mishandle cremations by cremating the wrong body, losing cremains, mingling the cremains with another person’s ashes, or giving the wrong cremains to the family. In some cases, funeral homes have even failed to cremate bodies at all, and presumably given mislabeled or false cremains to the family.

It can be very upsetting to find out after the fact that your loved one’s cremation was mishandled. Worse, funeral homes may attempt to cover up cremation mistakes or deliberate mishandling by cremating the body early, or by cremating the body without the family’s permission.

Improper Body Transport or Storage

By entrusting your loved one’s remains to a funeral home, you are trusting that the funeral home will treat your loved one with respect and dignity throughout the burial practice. However, some funeral homes may cut corners by failing to transport or store the body properly.

This could include misplacement of corpses, dropping bodies during transport, transporting multiple bodies together, or failing to store bodies properly, allowing decomposition to set in.

Florida Funeral Home Negligence Lawyer

Theft

Funeral home employees may steal personal property from the bodies they are entrusted with, including jewelry, gold teeth, and prosthetics.

Even more disturbing is the practice of illegally selling bodies or body parts. Cadavers and body parts are used for medical research and training, and they can be sold for a substantial amount of money in the so-called “body trade.”

A number of funeral homes have been caught illegally selling cadavers and body parts without the permission of family members. One notable funeral home even ran a body brokerage firm from the same facility as the funeral home and facility, and was investigated by the FBI.

If you suspect that you or your deceased loved one could have been the victims of theft, consider speaking with local law enforcement and an attorney.

Overcharging for Burial Procedures or Services

Funeral homes may take advantage of grieving relatives’ vulnerability by selling services that aren’t really needed, or by overcharging for their services. For example, if embalming is not necessary for a private family viewing of the body and the funeral home states that it is, this could constitute funeral home negligence.

Failure to Provide Contracted Services or Goods

Some funeral homes may cut corners by failing to provide services or goods that family members have paid for. For example, the funeral home may provide a cheaper casket without the family’s knowledge, or they might fail to perform services related to the embalming and preparation of the body for viewing. Alternatively, the funeral home may fail to provide the grave marker or headstone after the burial.

Failure to Provide Grave Maintenance

In many cases, the family of the deceased will purchase a grave maintenance contract with the funeral home or cemetery. Under this contract, the facility is generally charged with keeping the grave site clean and free of debris, and with making reasonable security efforts to protect the grave from vandals or grave robbers.

Boca Raton Funeral Home Negligence Attorney

Failure to follow through on these services could lead to upsetting mishaps such as accidental corpse exhumation or vandalism of the grave site, which would be grounds for a funeral home negligence claim.

None of these things are acceptable, and you should not have to endure them in silence. Hold the responsible parties accountable by filing a mortuary negligence lawsuit.

 

 

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for the South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

Hurt on Vacation in Florida - What to Do Next to Protect Yourself

Hurt on Vacation in Florida? What to Do Next to Protect Yourself

by Personal InjuryPersonal Injury ClaimsPersonal Injury LawyerVacation Injuries

 

Most seasoned travelers have at least one crazy story of a mishap or injury that occurred while traveling. Unfortunately, vacation injuries and illnesses are relatively common, and they are particularly difficult to deal with in an unfamiliar place.

If you are injured on vacation, you may be forced to cancel the rest of your vacation, and could even be left with debilitating injuries. Fortunately, you can mitigate these risks by being aware of common causes of vacation injuries, and by knowing what to do in the event of an injury.

Below we discuss common causes of vacation injuries and how to avoid them, as well as how to protect your rights if you are injured.

Injury Risks Floridians Face While on Vacation

When vacationing, you are in an unfamiliar locale, possibly with other tourists from all over the world. Vacationers also tend to let their guard down to relax, and may also indulge in alcohol. These factors lead to an increased risk of accidents, and also make tourists an ideal target for criminals looking to take advantage of the situation.

Below are just some of the most common injuries and accidents people experience on vacation.

Car Accidents. Car accidents are the leading cause of death among healthy travelers. The Centers for Disease Control estimates that as many as 25,000 tourists worldwide are killed in car accidents annually, and many more are seriously injured. Car accidents become more likely on vacation because you’re driving in an unfamiliar place, and may be unaware of local driving laws and practices.

To decrease the risk of car accidents, use ridesharing services whenever possible. That way the driving is taken care of, and there’s also no need to worry about parking. If you do drive, be sure to pay full attention to the road – let your spouse answer the ever-present “Are we there yet?” coming from the back seat.

Slips, Trips and Falls. Thousands of people are admitted to U.S. emergency rooms annually due to slip, trip, and fall injuries, which can be quite severe. Slip, trip, and fall injuries are more likely while on vacation because you’re in an unfamiliar place, and due to hazards such as poorly maintained beaches, slick spills in restaurants and hotels, poorly maintained flooring, or uneven carpeting.

Illnesses. When you’re traveling, you’re coming in contact with other tourists from all over the country and world, so are likely to be exposed to all kinds of nasty bugs. This is especially true on cruise ships, where travelers are living in close quarters, and typically enjoy buffet-style meals. Cruise ships are particularly notorious for outbreaks of norovirus, especially if proper food safety and sanitation practices are not in place.

Hurt on Vacation in Florida? What to Do Next to Protect Yourself 1 Personal Injury South Florida Injury Law Firm

To help avoid the risk of illness, make sure that you get the recommended immunizations before going, and are aware of hazards such as insect-borne illnesses endemic to the region. Finally, check the traveler’s health report for your destination before you leave.

Theft and Negligent Security. Unfortunately, tourists make easy targets for petty thieves and con artists. If your accommodations do not have appropriate security practices in place to mitigate hazards unique to the locale, these incidents become more likely.

What to Do if You’re Injured on Vacation in Florida

If you or a family member are injured on vacation, it’s important to take the right steps as soon as possible to ensure your family’s safety – and to protect your rights.

Notify. If you are hurt, notify the appropriate people as soon as possible. If you are injured in a place of business, notify an employee. If you get in a car accident or fall victim to crime, call the local authorities right away, and do not leave the scene of the incident if possible.

Document. Vacation accidents often happen in the blink of an eye, and may cause you to become flustered and miss crucial details. Fortunately, it’s much easier to document an accident in the era of smartphones. Take as many pictures as you can of the scene, your injuries, and any possible factors that could have contributed to the accident.

Collect information. Take down the contact information of witnesses or anyone involved in the incident. If you are injured in a place of business, ask the manager for their contact information. If you see a physician, be sure to collect their contact information as well, such that you can access your medical records later if needed.

Seek Medical Care. If you are injured, seek medical attention as soon as possible, even if you don’t feel that your injuries are severe. Adrenaline masks pain, so it’s likely that you’re hurt worse than you know. A physician can also look for injuries such as internal bleeding that may not be readily apparent at the scene of the accident. Seeking medical attention is also important in documenting your injuries.

Boca Raton Personal Injury Attorney

Seek Compensation if Appropriate. In many cases, vacation accidents and illnesses could have been prevented by appropriate safety precautions. If you are injured as the result of someone else’s negligence, consider holding them accountable by seeking compensation. Keep in mind that any lawsuits will be filed locally, so you will need to contact a local personal injury attorney. An experienced Florida injury lawyer will also be familiar with local liability laws.

 

 

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for the South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

Swimming Pool Injuries: The Many Ways Floridians Can Be Hurt

by Swimming Pool Accidents

Swimming Pool Injuries: The Many Ways Floridians Can Be Hurt 2 Personal Injury South Florida Injury Law Firm

As the weather heats up, time in the pool becomes a necessity for many people. Nothing feels better than cooling off in a pool, whether you’re at your local swimming club or at a friend’s home. Unfortunately, swimming pools come with big risks, and Floridians should keep the potential for injury in mind before taking a dip.

As an experienced Florida personal injury lawyer, I’m well aware of the many different ways that people can get hurt in pools. Here are six ways you could potentially be hurt in a swimming pool this summer. Remember, the more you know, the more accidents you can prevent.

Diving Injuries

Diving is a fun way to show off and get into the pool, but shallow waters can cause life-threatening injuries. Swimmers should be cautious of the depth of the pool they are diving in. Above-ground pools, for example, are always too shallow for divers. Over half of all diving injuries occur in water that is four feet deep or less.

If a swimmer hits their head while diving or jumping into a pool, they should be sent to a doctor immediately. Even if the swimmer appears fine throughout the rest of the day, they may be at risk of a traumatic brain injury (TBI.) Over 1.7 million people suffer from a TBI each year, but half of these cases are not recognized or reported. These injuries only get worse if they are unchecked.

Disembowelment

This isn’t one many people think of – or realize – when thinking about pool injuries, but it can happen – particularly if kids aren’t careful. How?

If a young child is sitting near a pool’s skimmer box, the connected suction pump could eviscerate them. This is an especially gruesome and impactful injury. Evisceration can result in the victim needing their food to be administered through an IV, colostomies, or even death.

Other Drain Injuries

Pool drains and suction pumps can cause injuries apart from disembowelment. This area of the pool can create a suction that moves up to 500 pounds of force, so swimmers of all sizes should avoid the area. Suction from a pool drain may cause:

  • Loss of jewelry and accessories, or these items being pulled from and injuring or choking the swimmer
  • Loss of fingers, toes, hand or feet
  • Other organ damage

Skin Irritations from Chemicals

Swimming Pool Injuries: The Many Ways Floridians Can Be Hurt 3 Personal Injury South Florida Injury Law Firm

Conversely, if a drain is not properly working, injuries can still occur. Drains and suction pumps move chemicals throughout the pool to kill bacteria and keep the area clean. If the drain is malfunctioning, or the owner of the pool is not properly maintaining it, a variety of injuries can occur.

The presence of bacteria and a high concentration of bacteria-killing chemicals could cause:

  • Skin and eye irritation
  • Stomach problems and infections
  • Further injury to existing cuts or lacerations (infections)

Lacerations and Cuts

Proper pool maintenance also involves checking the pool for potential risks of lacerations or cuts. Over the years, pool lining can get ripped or torn. If these materials have sharp edges, swimmers can get cut while they are playing or running. Inground pools that are surrounded by concrete also pose a big risk for swimmers.

Even a small cut poses a big risk. As we mentioned earlier, a cut can become seriously infected if it comes into contact with the wrong bacteria or chemicals. If you notice that a loved one has suffered cuts while swimming in a pool, take proper care to treat the cut and remove the person from that area until the cut is healed.

Drowning

Drowning is one of the most common and serious pool injuries. Nine people drown in America every single day. Children are at an especially high risk – drowning is the second-leading cause of unintentional death for children ages 1-14.

Drowning doesn’t just occur when inexperienced swimmers get in the water, though. All it takes is lying face down in 30 mm of water for someone to drown. A victim may drown because of an injury that occurs in the pool, horseplay, or overcrowding. Stay alert for signs of drowning to keep your loved ones safe this summer.

Being Alert to Swimming Pool Dangers Can’t Always Save You

These aren’t the only possible injuries that you might experience at a pool. Your best way to stay safe is to remain alert at all times and prepare ahead of time.

Swimming Pool Injuries: The Many Ways Floridians Can Be Hurt 4 Personal Injury South Florida Injury Law Firm

Unfortunately, even the most prepared people cannot account for the negligence of others, and if you or someone you love is hurt, you owe it to your family to hold them accountable

Reach out to a Florida personal injury lawyer today about your options for compensation.

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for the South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

Injuries at Florida Summer Camps – How to Protect Your Kids and Family

by Children Injuries & AccidentsSummer Camp Accidents

Injuries at Florida Summer Camps – How to Protect Your Kids and Family 5 Personal Injury South Florida Injury Law Firm

Summer camp is a great way for children to enjoy time off from school and enjoy the outdoors. However, injuries do occur at summer camps and because of that you have to be careful about where you choose to go and protect yourself as much as possible.

How?

In this post, we’ll outline common injuries and what you can do to make sure that both you and your child are protected.

Common Summer Camp Injuries

Here are the most common types of summer camp injuries your child may experience.

Rashes and bites

Being in the great outdoors means your child could be exposed to poison ivy or poison oak, which cause painful rashes. Your child could get stung by a flying insect or bitten by an animal. If you know your child is allergic to bee stings or certain plants, make sure to inform the camp of your child’s allergy and pack necessary medication.

Bone fractures

Your child may take a fall while playing sports, climbing a tree, or navigating a hiking trail. Any of these accidents and dozens more can cause fractures.

Fractures can also occur for slip and fall injuries due to wet or cluttered floors. If the camp doesn’t do a reasonable job of keeping floors safe, you may have grounds for a premises liability claim.

Concussions

A concussion is a serious brain injury that can have long-lasting effects like seizures, impaired concentration, and even paralysis. It can result from a slip and fall injury or blunt force trauma to your child’s head.

If your child is engaging in activities where a fall is more likely, protective headgear must be worn. The camp is responsible to make sure your child is always wearing protective gear when the situation is warranted.

Burns

Campfires are a popular way to enjoy food and camaraderie at summer camp. However, many children every year are burned by campfires, hot coals, or hot food, and if yours is hurt due to negligence, you may be able to sue for compensation.

Water Injuries

Summer camp is an ideal place to enjoy the water, but water-related accidents  often result in serious injury or death. Camp staff members should supervise children during water play and be trained in rescue and resuscitation efforts. If the camp fails to perform their duties, you may have grounds for a lawsuit.

Ways to Make Sure Your Child – and You – are Covered in the Event an Accident Occurs

Check accreditation. Every camp has to be licensed – that’s not an option. What they don’t have to be is accredited, and that’s often what sets the truly good, safe camps apart from the fly-by-night operations that may not be able to cover the cost if your child is injured and it’s their fault.

Ask about insurance. Insurance should be a requirement as well, but it’s always good to confirm that a camp is actually insured and learn exactly what their insurance covers and how much it covers.

Get insurance – if necessary. That’s right. Many people don’t realize it, but it’s possible to get insurance that covers the possibility of camp injuries. Check to see if your insurance will cover accidents and injuries that occur at camp, and if it doesn’t, do some research into how to get camp insurance.

Fight Back If Your Child Is Injured at a Florida Summer Camp

You may have signed a waiver that says the camp isn’t liable if something happens. However, a waiver is not necessarily ironclad.

Injuries at Florida Summer Camps – How to Protect Your Kids and Family 6 Personal Injury South Florida Injury Law Firm

If your child has been injured, consult with an experienced Florida child injury attorney. We will provide a free case review to determine whether you are able to file a claim to receive compensation. 

About the Author: 

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for the South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

Well-Known Sports Fan Injuries – and How Floridians Can Fight Back

by Sports Venue/Stadium Injuries

Well-Known Sports Fan Injuries – and How Floridians Can Fight Back 7 Personal Injury South Florida Injury Law Firm

Last year, a young fan was seriously injured when struck by a foul ball at Yankee Stadium. What happened?

A 2-year-old girl was sitting on her grandfather’s lap while attending a game. She was struck in the eye by a 105-mile-per-hour fastball, which spun off the bat of Todd Frazier. The little girl spent more than a week in intensive care.

After the incident – and others – Major League Baseball faced pressure to put more restraints in place to protect fans from foul balls. In 2018, all 30 teams placed protective netting all the way into the outfield – but are those changes really enough to protect you?

In this post, we’ll recount a number of well-known sports fan injuries, then discuss what you can do to fight back if you are injured while watching the team you love.

Famous Fan Injuries Over the Years

Unfortunately, the 2-year-old fan mentioned above isn’t the only one who has made headlines with a sports venue injury. Here are other stories that made the news over the years:

2013

A woman was struck in the face with a hockey puck at a Blackhawks game.

Thirty fans were injured during a car crash at the Daytona International Speedway.

2011

A man was permanently injured when a foul ball struck him in the eye at Yankee Stadium.

A fan died after reaching for a foul ball at a Texas Rangers game.

2009

Seven fans were injured when a car flipped over at the Talladega Superspeedway.

2008

A broken bat broke a woman’s jaw at Dodger Stadium.

2002

A girl died after being struck in the head by a flying hockey puck at a Columbus Blue Jackets game.

1999

Three fans died and eight others were injured after a crash occurred at the Charlotte Motor Speedway.

1998

After a crash at the Michigan International Speedway, three fans died and six others were injured.

1970

A man died four days after being hit in the head by a foul ball at Dodger Stadium.

Sports Venue Injuries are Premises Liability Cases in Florida

Well-Known Sports Fan Injuries – and How Floridians Can Fight Back 8 Personal Injury South Florida Injury Law Firm

If you are injured as a fan at a Florida sporting event, who can you hold responsible? A skilled attorney will know which parties you can expect to compensate you for your injuries.

The owner of the sports arena has a duty to provide a reasonably safe experience for you as a patron. This duty is referred to as premises liability if any harm comes to you due to the property owner’s negligence. If you are injured because a property owner failed to provide reasonable protection for you, you may be eligible to file a premises liability lawsuit.

There are three basic reasons for premises liability claims in sports venues. If you experience injury due to a falling object, a flying object, or a slip and fall under unreasonable conditions, you may be able to file a lawsuit against the negligent party.

The property owner has a duty to correct any known hazards, post warnings of dangerous conditions, and prevent known dangers within reasonable expectations.

Elements of a Florida Premises Liability Case

Duty is only one of four required elements in a successful premises liability case. Your lawyer will need to prove that the other party breached the duty, which caused your injuries and created damages. All four parts must be involved: duty, breach of duty, causation, and damages.

For example, if the owner of a baseball venue did not fix a hole in the netting within a reasonable period, you could file a claim if a foul ball flew through the hole and injured you, resulting in medical bills. The owner’s failure to fix the netting creates an obligation to you for civil damages.

Negligence on part of the other party is key to a successful case. The other party must have acted unlawfully or wrongly to cause your injury.

Get Legal Assistance for Your Florida Sports Fan Injury

Premises liability cases can be complicated and challenging to win. You can expect the sports venue to resist taking responsibility and paying compensation. An experienced Florida personal injury attorney will fight for the compensation you deserve.

You may be able to file a case for the following:

Well-Known Sports Fan Injuries – and How Floridians Can Fight Back 9 Personal Injury South Florida Injury Law Firm

  • Medical bills related to the accident
  • Lost income
  • Permanent disfigurement or impairment
  • Projected future medical bills
  • Pain and suffering
  • Mental anguish

A skilled lawyer will be able to go over the unique facts of your case and tell you what your options are. Call today for a free consultation. 

 About the Author: 

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for the South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

Types of Negligent Behavior Florida Pharmacists Can Engage In

by Pharmacy Negligence

Types of Negligent Behavior Florida Pharmacists Can Engage In 10 Personal Injury South Florida Injury Law Firm

When you receive prescription medication, you should be able to trust that it is correct and medically beneficial to you. A pharmacist has the responsibility to make sure your prescription is correct. If negligence occurs, you could have serious or life-threatening injuries. If you believe you may have been harmed by a pharmacist’s negligence in Florida, you need to know what kinds of negligence are most common.

In this post, we’ll tell you what pharmacists are responsible for, the most common types of negligent behavior that occur in Florida pharmacies, and what recourse you have if you experience injury.

Pharmacist Responsibility in Florida

Here are the ways pharmacists are responsible to you:

  • Reviewing your medical history before giving you a prescription
  • Informing you about the medication’s possible side effects
  • Obtaining knowledge of other medication you take to prevent dangerous drug interactions
  • Contacting your doctor with any concerns about the prescription
  • Having a conversation with you about the medication

If a pharmacist acts with negligence, he or she fails to act according to acceptable standards. Any of the responsibilities listed above can be marred by negligence. If you have experienced injury due to pharmacist negligence, a knowledgeable Florida attorney can help you receive financial compensation for your losses.

Types of Negligent Pharmacist Behavior Floridians Should Watch For

Here are the most typical ways Florida pharmacists act with negligence.

Dispensing Incorrect Medication

If the pharmacist gives you the wrong medication, you may experience serious injury. A pharmacist may place the wrong medication inside your bottle, use the wrong label, or dispense the right drug with the wrong potency.

Pharmacists are also responsible for knowing discrepancies in pills. If the pharmaceutical manufacturer altered the pill form, the pharmacist should know and be able to avoid a mistake.

Fortunately, these types of pharmacist negligence cases are often successfully won by plaintiffs in court.

Lack of Knowledge

If your pharmacist fails to learn your medical history and allergies before medication is dispensed, you may be able to file a pharmacist negligence lawsuit for your injuries.

Whether you were visiting that pharmacy for the first time have gone there on many different occasions, the pharmacist has a duty to look at your medical history. If it hasn’t been provided by your doctor, the pharmacist must request it before giving you the medication.

Failure to obtain medical history information could lead to grounds for a personal injury lawsuit.

Failure to Consider Other Medications

Types of Negligent Behavior Florida Pharmacists Can Engage In 11 Personal Injury South Florida Injury Law Firm

If you have multiple prescriptions, a pharmacist must know so he or she can make sure an adverse drug action does not occur. Even if you use different doctors and different pharmacies, it’s essential that the pharmacist learns about all your other medications first.

Negligent Acts by Others

Pharmacies are normally staffed with several assistants who help fill prescriptions. If anyone in the dispensation chain acts with negligence that harms you, you may be eligible to file a lawsuit against one or more parties.

Indirect Damage

Some pharmacist errors cause diseases to develop. Others shorten the patient’s lifespan or otherwise reduce a patient’s quality of life. Whatever your specific situation, you may still have grounds for a lawsuit if the acts had a negative impact on you.

Get Help Fighting the Pharmacy for Fair and Just Compensation

To win a pharmacy negligence claim, your attorney must be able to prove the following four elements as true:

  1. The pharmacist had a duty to provide care to you.
  2. The pharmacist did not reasonably meet the standard of care.
  3. The pharmacist’s negligence caused harm to you.
  4. Because the pharmacist caused you harm, you can seek damages (compensation) from him or her.

All four of these points must be proven to win your case. For example, you cannot file a claim if the pharmacist made an error, yet you didn’t take the pills.

If your case goes to court, both sides will rely on expert testimony by doctors and other pharmacists who will testify. Their testimony will help the judge and jury determine whether acts of negligence occurred. You must enlist the assistance of an experienced pharmacy negligence attorney for complicated cases like these.

Boca Raton Pharmacy Negligence Lawyer

When you file a claim, your lawyer will conduct research of your medical history, drug interactions, allergic reactions, and test results. You need to work with a knowledgeable Florida attorney who can increase your odds of securing compensation for medical treatment, loss of income, and pain and suffering.

Call for a free case review today with an experienced Florida personal injury attorney who will help you protect your rights. 

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for the South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

Teen Drivers: Why Floridians Should Steer Clear This Season

Teen Drivers: Why Floridians Should Steer Clear This Season

by Auto AccidentsDUI AccidentsTexting & Driving

Teen Drivers: Why Floridians Should Steer Clear This Season

In one recent Ohio accident, a 17-year-old driver was speeding and overcorrected, which ejected two teens from the vehicle and injured the other passengers. One of those teens was killed in the crash.

The reason the driver was speeding? The teens were running late to prom.

Over 5,000 teens are injured in car accidents every year across the nation during prom and graduation season, and one-third of teen driver accidents involve alcohol use. A full one-third of people under age 21 who die in accidents do so during graduation season, and many of them die in car accidents. Because of this, the months of April, May, and June are known as the most dangerous months for teens to be on the road.

It doesn’t end with teens, though – all Florida drivers need to be cautious. Even in the best of times, teens don’t typically drive with the same caution older drivers use. They take more risks and are less likely to make responsible choices in sudden situations. Teens are much more likely to be distracted drivers due to phone use, conversations, and peer pressure from teen passengers.

Now imagine that magnified by the lure of high school ending and the freedom of adulthood coming. Of teens wanting to have one last hurrah with their friends before they head off to college. That’s where we are right now.

Drinking and Driving on Prom or Graduation Night

Too many teens choose to celebrate these important life events with binge drinking. On graduation night, the percentage of alcohol-related fatal accidents moves up from 33 percent to 40 percent.

Teens often underestimate the risks of drunk driving. They may assume that someone at the party hasn’t had anything to drink and is safe to drive, but that’s frequently not the case.

If you are in an accident with a teen driver, the teen’s negligence may have caused your injuries, and you owe it to yourself and your family to hold them accountable for their actions and sue for compensation.

Understanding Florida Personal Injury Lawsuits

If you decide to file a personal injury lawsuit against a teen, here are the basics of car accident laws in Florida.

First, you must file a claim within four years of the date of the accident. If you don’t file within four years, you have no rights to compensation.

The court system will look at all parties involved in the accident and assign percentages of fault to each party. Your compensation will be reduced according to your percentage of fault.

For example, if you were speeding when the accident occurred, you may be held responsible for 20 percent of the accident. If the court decides to award you $100,000 for your injuries, that means the maximum amount you can actually receive under the pure comparative negligence rule is $80,000.

South Florida DUI Accident Lawyers

Florida also has a no-fault insurance law, which means that each driver is covered first by $10,000 in personal injury protection insurance. This applies no matter who is at fault for the accident. You can file for additional compensation only if the accident caused serious injuries. The courts also place caps on the amount of damages you can recover.

Want to learn more? Reach out today for a free consultation. One of our skilled Florida injury attorneys will be able to look at the facts of your case and tell you what options are available to you. 

About the Author: 

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for the South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

Florida Insurers That Are Known for Bad Faith Practices

Florida Insurers That Are Known for Bad Faith Practices

by Auto AccidentsBad Faith Insurance

Florida Insurers That Are Known for Bad Faith Practices

When you think of insurance companies that try to scam their customers by acting in bad faith, you might assume that they’re smaller businesses. Low-rent organizations that you’ve never heard of and certainly wouldn’t use.

However, you may be surprised to learn that there are actually some truly big names on the list of Florida insurers that are known for their bad faith practices. In this post, we’re going to reveal the worst offenders where bad faith is concerned, then explain some things you can do to protect yourself if your claim is rejected.

Insurers That are Most Likely to Engage in Bad Faith in Florida

According to Badfaithinsurance.org, the worst 10 insurance companies who act in bad faith include the following:

  1. Allstate
  2. State Farm
  3. The Hartford
  4. Unum
  5. Farmers
  6. Lloyds
  7. MetLife
  8. Liberty Mutual
  9. American Family
  10. Auto-Owners

Some of those names you may not have ever heard of, but many of them are stalwarts in the industry – including the first two on the list!

How did Badfaithinsurance.org come up with this list? The worst offenders were selected from 3,693 companies representing 655 groups.

Let’s look at a few of these companies in detail to discover why they ranked so high in bad faith insurance practices:

Allstate

Simply put, the company consistently refuses to pay claims. They also have a high rate of customer dissatisfaction, resulting in many lawsuits. It’s also worth noting that Allstate was also ranked as the worst offender by the American Association for Justice.

State Farm

State Farm has consistently ranked in the top three worst offenders for years. They have a poor record of failing to pay claims and a high number of lawsuits.

The Hartford

Known for frequent denials of claims, The Hartford often ranks high in bad faith insurer categories. Many customers complain about foul play and victimization.

Unum

This company denies legitimate claims over and over – even after appeals are made. They are also known for unreasonable delays in processing claims. Fraud has been widespread within their ranks.

Farmers

This insurance giant lets homeowners and businesses down with its failure to pay. They have inflated premiums and given commissions for shady behavior. Policyholders often complain about failure to pay legitimate claims.

Filing a Florida Bad Faith Insurance Lawsuit

If you are the victim of a bad faith insurance scheme, you need the help of an experienced attorney who can assist you in recovering the payments you deserve.

As a policyholder, you can expect claims to be paid under your policy terms. Yet insurance companies may use several tactics to avoid paying you, even for a legitimate claim. Here are some of the ways insurance companies resist making payments:

Filing a Florida Bad Faith Insurance Lawsuit

Delaying processing – An insurer may drag out the normal filing process to avoid making a payment.

Skewing evidence – Insurers may select arbitrary evidence to support their position of denying the claim.

Using invalid claim reviews – Some insurers reject personal injury claims based on the testimony of a doctor who hasn’t even seen the insured for a proper examination.

Failure to conduct thorough research – You deserve for every aspect of your case to be reviewed, not only the parts that favor the insurer’s position.

Using deceptive practices – An insurer may offer to pay less than your policy states, fail to inform you of a filing deadline, or use untruths when explaining your coverage.

Cancelled policies – In the worst cases, an insurer may simply cancel your policy to avoid paying your claim.

The Five Factors Florida Uses to Determine Bad Faith

Florida law requires that bad faith insurance cases are filed “after a third party obtains a judgment.” These five different factors must be considered to determine whether bad faith has occurred.

  1. How coverage applies to the claim
  2. Whether the insurer conducted a thorough investigation into the claim
  3. Whether the insurer resolved the issue in a reasonably timely manner, without prejudice
  4. Whether the insured received a notice of the insurer’s right to deny coverage along with a defense of why the claim was denied
  5. Whether the insurer tried to settle the claim despite the dispute over coverage

If the claim is covered under your policy and the liability is clear, yet your insurer fails to pay, you may be eligible to receive compensation for your losses. You may be able to file for compensatory damages as well as punitive damages.

These cases can be complicated and difficult to win. You need the help of a skilled Florida bad faith insurance attorney who has successfully handled cases like yours before. A tough defender will fight the insurance companies to get you the compensation promised under your policy.

The Five Factors Florida Uses to Determine Bad Faith

Bad faith insurance claims need to be filed within strict timelines and under specific regulations. You’ll need to provide as much documentation as possible when filing your claim. A skilled lawyer will guide you through the process and conduct a thorough investigation into your case, looking for the best ways to defend your claim.

Ready to file a lawsuit? Call us today for a free case review. We’ll look at the details of your bad faith insurance case and help you understand your rights to compensation.

 About the Author: 

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for the South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.