Swimming Pool Liability: How Injury Cases Work in Florida

Swimming Pool Liability: How Injury Cases Work in Florida

by Swimming Pool Accidents

Swimming Pool Liability: How Injury Cases Work in Florida

Summer is upon us, and it’s peak swimming pool season in the sunshine state. Although swimming is a great way to cool off and get some exercise, it can also be dangerous.

Statistics show three children die every day from swimming pool accidents, and many more people sustain serious injuries.

In many cases, these tragic accidents can be prevented — and it’s the pool owner’s responsibility to do what they can to help. When the pool owner breaches this duty of care, he or she may be liable for the resultant injuries.

Let’s take a look at how swimming pool injury cases work in Florida.

Florida Injury Statutes of Limitations

If you are considering bringing a swimming pool liability case in Florida, understand you must do so within a set limit of time, the “statute of limitations.”

Victims sustaining an injury in a swimming pool accident have four years from the date of the accident to file suit. If a victim dies during the accident, relatives have only two years to bring a wrongful death suit.

Any lawsuits outside of these statutes of limitations will be dismissed.

Further, waiting too long before filing suit brings the severity of your injuries under question. It is important to act as soon as possible if you determine it’s appropriate to seek damages.

Determining Liability for FL Swimming Pool Accidents

The owners of both public and private swimming pools carry a heavy legal burden. They are not automatically liable for injuries sustained on their premises, but have to adhere to much stricter rules than other types of property owners.

Because a pool is considered part of a person’s property, premises liability rules apply to swimming pool injuries. Under premises liability, there are three types of entrants, with varying duties of care:

Invitee

An invitee is a patron of a public pool, and pool owners owe the greatest duty of care to invitees. Owners are required by law to maintain and repair the pool to prevent injuries to invitees. In public pools, the owners are also obligated to do the following:

  • Provide supervision
  • Provide adequate emergency equipment
  • Maintain the pool and surrounding areas
  • Post adequate signage for the pool
  • Post warnings regarding pool hazards

Licensee

A licensee is a guest on private property that was invited by the homeowner. The homeowner is obligated to warn licensees of any hazards that are not obvious to a reasonable individual, but their level of liability isn’t as high as that of a public pool owner.

Trespasser

A trespasser does not have permission to be on the property or in the pool. Therefore, a pool owner does not owe a duty of care to this type of entrant — unless the trespasser is a child, as we cover below.

To establish liability in a private pool, the victim must prove that the risk that caused the injury was not an obvious hazard, and that the injuries were not a result of the victim’s own negligent behavior.

Pools and Florida’s Attractive Nuisance Doctrine

Circling back to children trespassing, the law considers children too young to understand the risk of drowning. Therefore, Florida law holds property owners liable for maintaining an “attractive nuisance.”

An attractive nuisance is any object on a property that makes children curious and drawn to the property, including swimming pools.

Property owners are obligated to take extra precautions to keep children away from swimming pools. Ideally, it is fenced on all four sides with a child-proof gate. Otherwise, the pool must be properly covered when not in use, or alarms for all doors and windows directly accessing the pool must be installed.

South Florida Pool INjury Lawyers

Ultimately, both homeowners and public pool operators have an obligation to provide a reasonably safe environment, and to protect pool users from unreasonable hazards. If you or a loved one have suffered a pool injury, and feel it was due to a breach in their duty, you may have grounds to seek damages with the guidance of a South Florida personal injury attorney.

 

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.

 

Got into a Memorial Day Weekend Crash in Florida? You're Not Alone

Got into a Memorial Day Weekend Crash in Florida? You’re Not Alone

by Auto Accidents

Got into a Memorial Day Weekend Crash in Florida? You're Not Alone

Memorial Day offers a  time to celebrate loved ones lost. It also signals the beginning of another Florida summer which often means road trip! In either case, we all find a reason and a way to cut loose.

Unfortunately, these celebrations also lead to an uptick in car accidents.

The primary causes? More cars on the road plus the sheer increase in motorists choosing to drive drunk – a dangerous, even deadly, combination.

In today’s post we share the hard numbers on Memorial Day car crashes, and offer some insight into car accident liability in this state.

Florida Memorial Day Crashes: The Hard Numbers

If you were injured in a Memorial Day car crash, you’re far from alone. In fact, Americans are four times more likely to die on the road on Memorial Day weekend than any other regular weekend.

Nearly 43 million Americans travel during this time, and every year over 300 fatal accidents occur. Many thousands more serious injuries occur, which can be permanently debilitating.

Florida’s waterways invite abundant Memorial Day festivities, so the state is actually one of the most dangerous places to be on the road over the holiday weekend.

Florida Car Accident Laws

Being involved in a Memorial Day car accident can leave you facing major financial concerns such as costly car repairs, medical bills and lost wages. This can place a major financial burden on your entire family.

When the crash isn’t your fault, you have the right to seek damages for your injuries. This holds the responsible party accountable for their negligent actions, which can also bring you some sense of closure.

However, if you plan on filing a claim, it’s important to take action as soon as possible. There are four key elements you should understand about Florida car accident liability – including the statute of limitations – which we cover below:

Reporting a Florida Car Accident

If you’re involved in a Florida car accident and the crash resulted in serious injury, death or over $500 worth of damages to the vehicles, the accident must be reported to the local police department.

This report should be made immediately following the accident, as it will be an important piece of evidence later in determining fault.

Florida’s No-Fault Car Insurance Laws

Florida has a no-fault car insurance scheme. This means that injured drivers and passengers first turn to their own personal-injury protection car insurance to get compensation for medical bills, lost income and other expenses, regardless of who was at fault.

A claim against the responsible party is only possible if the victim sustained a serious injury. This includes significant disfigurement, broken bones, permanent limitation of a bodily organ or limb, or full disability for at least 90 days.

Statute of Limitations

You will have four years from the date of your crash to file suit for damages. Cases filed after this statute of limitations will probably be dismissed.

Professionals recommend filing suit much sooner, though, as the seriousness of your injuries may fall under question when you wait several years to file suit.

Comparative Negligence

In the majority of car accidents, both drivers are at some degree of fault. When a serious injury has been sustained, Florida follows a “pure comparative fault” rule.

This means a jury is asked to calculate both the percentage of fault that belongs to each party, and the monetary value of the damages sustained by the plaintiff. The plaintiff’s damages are then reduced by the percent equal to their fault.

Fort Lauderdale Car Accident Attorneys

 

Seeking damages for a Florida car crash is an often-complex undertaking, but may be necessary to help you recover from your injuries and get your life back on track.

Knowing what to do after a car crash and seeking out the advice of an attorney if necessary can help get you the compensation you deserve.

 

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.

 

Did Talcum (Baby) Powder Give You Cancer? How Floridians Can Fight Back

Did Talcum (Baby) Powder Give You Cancer? How Floridians Can Fight Back

by Talcum (Baby) Powder

Did Talcum (Baby) Powder Give You Cancer? How Floridians Can Fight Back

Johnson & Johnson has been a trusted name in cosmetics and household products for decades. However, in recent years, they have come under fire for lawsuits that suggest their talcum powder products caused cancer.

The company isn’t just paying with a blow to their reputation, either. Earlier this year, a woman in California won $29 million in a product liability lawsuit against the brand.

If you have been diagnosed with cancer and have used Johnson & Johnson products in the past, it’s important to learn about this lawsuit and how you could possibly be entitled to compensation for damages related to your diagnosis.

Before discussing the case, it’s important to know what products you can use and what you should stay away from.

Is Baby Powder Dangerous?

The products under fire contain Johnson & Johnson’s talcum powder. Talcum powder and baby powder are pretty simple products, and talc on its own is not dangerous. It is a natural ingredient containing oxygen, silicon, and magnesium, and ingesting talc alone will not cause ovarian cancer.

On the other hand, when talc becomes talcum powder, naturally occuring minerals and ingredients may slip into the mix. Asbestos is one of those naturally occuring minerals.

You’ve probably heard of asbestos as a known carcinogen, linked to a number of different cancers. Before Johnson & Johnson’s trouble, you might have heard about it watching an HGTV home improvement show, because it is most commonly known to be found in building materials and mining sites.

Talcum powder that contains asbestos is especially dangerous, particularly when inhaled or used around the genitals, and until the 1970’s not much was known about asbestos in cosmetic products at all.

It wasn’t until 1976 that The Cosmetic, Toiletry, and Fragrances Association took action for the first time to prevent asbestos from appearing in talc powder and similar products. As a consequence, many people exposed to asbestos before then didn’t know they had a higher risk of developing cancers, and they were diagnosed many years later.

Asbestos in Johnson & Johnson Products Led to Woman’s Mesothelioma

…or so says the jury in California.

In January 2019, this case was brought to trial. The plaintiff claimed that she used Johnson & Johnson products in the 1960s and 1970s. In 2017, the plaintiff was diagnosed with mesothelioma (a type of lung cancer).

Asbestos in Johnson & Johnson Products Led to Woman’s Mesothelioma

How did she win the case?

She argued that Johnson & Johnson did not properly disclose the risks that came with using talcum powder when they were used by the plaintiff. This negligence, according to the jury, puts the company at fault for the damages she incurred.

Those damages, including coverage of medical treatments, costs of emotional distress, and other expenses related to the diagnosis, justify the $29 million settlement.

This case is one of at least a dozen that J&J will face this year. In recent years, they have lost a number of product liability cases like this one, but some they have also won.

If you think your cancer diagnosis might have something to do with talcum powder or another product with asbestos, will you be able to fight back in court?

Would This Case Hold Up in Florida?

If you want to bring up any product liability case in Florida, you will have to do so for one of three reasons:

Design Defects

If the designer of the product knowingly included potentially harmful elements while being used as it was intended, it would be classified as a design defect.

Manufacturing Defect

Manufacturing defects may be present if the product was designed to be safe, but the end product was not safe for users due to how it was manufactured.

Failure to Warn

If there are risks in using a product, but the manufacturers don’t accurately or effectively include them in a written warning, they may be held liable.

The $29 million lawsuit could certainly hold water if we are only considering these elements of product liability. Unfortunately, even if you can link a cancer diagnosis back to asbestos-laden products from the 60s and 70s, you might not be able to take this case to a Florida court.

The Importance of Florida’s Statute of Limitations in Defective Product Suits

Florida has statutes of limitation, or time limits, on product liability cases. You have four years from the time you discovered an injury to file a product liability suit.

Further, if you suffered the death of a loved one due to cancer-ridden talcum powder or other defective products, you have two years after the date of their death to file.

If your circumstances meet these requirements, it may be time to consider filing suit.

Talcum Powder Personal Injury Claims Lawyer

Ready to File? Here Are Your Next Steps

Before you start fighting for the compensation you deserve, reach out to a Florida personal injury lawyer who specializes in product liability cases.

A knowledgeable legal professional can help you file the proper paperwork, ask for the right amount of compensation, and begin gathering evidence that will help you win your case.

 

 

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.

How to Help Your Kids Avoid Florida Summer Camp Injuries

How to Help Your Kids Avoid Florida Summer Camp Injuries

by Children Injuries & AccidentsSummer Camp Accidents

How to Help Your Kids Avoid Florida Summer Camp Injuries

Every summer, Floridians look forward to that much needed break that summer camp provides: the kids to get away from the daily grind of the school year, and you to get a little breathing room from them.

Exactly how much of a break would it be, though, if you’re still holding your breath in anticipation of your child getting hurt?

Although some summer camp dents and dings will likely happen, there are measures that can and should be taken to help your child avoid the most common injuries.

What measures?

First and foremost, ask questions before you register and get the answers in writing. Whatever your concern, don’t be afraid to ask.

Here are five simple questions whose answers should leave you breathing easy this summer camp season:

Is the Camp Accredited by the American Camp Association?

Every Florida summer camp has the opportunity to become accredited by the American Camp Association (ACA). This organization, in cooperation with Nationwide Children’s Hospital, Ohio State University, and the Association of Camp Nurses, is responsible for monitoring camp-related injuries and illness across the US.

Accreditation signals to you that the camp meets certain standards in providing your child the safety you expect.

How Many Campers Are Assigned to One Counselor at a Time?

As with any activity involving multiple children, the child-to-adult ratio can mean the difference between adequate learning and supervision and nothing more than corralling kids all day.

According to Florida child care laws, the number of children a single staff member is allowed to oversee depends upon age. School age children (age 6 and up) need at least one counselor per 25 children, although less per staffer is always better.

How Are Emergencies, Special Needs, and Issues Like Homesickness Handled?

Most reputable summer camps have doctor-approved health policies and procedures in place, and often they are made available to parents either electronically or by printout.

Often they outline whether or not (and how) camp staff administers medication to campers, and what kind of formal medical training counselors and other camp officials have – CPR, concussion recognition and treatment, swimming, and lifeguarding are a few common certifications.

What’s On the Itinerary?

Look for camps that schedule rest periods between heavy activity. As you would expect, campers get tired, staffers wear out, and incidents simply occur more frequently as the day passes. Downtime can mitigate the issue, ensuring your happy camper stays that way.

Also, chat with your child about all the activities available during camp, so they know what to expect. For example, talk fire safety if there’s going to be any activity around a campfire.

What Type of Equipment Is Required – and Provided?

Additionally, knowing ahead of time what’s on the schedule will allow your child to pack appropriately. Some basics for any Florida summer camp experience include:

 

  • Sunscreen
  • Sunglasses
  • Hat(s)
  • Insect repellant
  • Reuseable water bottle
  • Lip balm
  • Band-aids
  • Antibacterial wipes
  • Help whistle

 

Additionally, you may be required to provide your own safety equipment for the various activities offered – namely appropriate footwear.

According to the ACA, “trips, slips, and falls are the most commonly reported causes of injury in day and resident camps.” Consider the activity, the terrain, and the weather. Half of all camp injuries are a result of events in which protective equipment should be worn or used, but wasn’t.

Florida Child SUmmer Camp Injury Lawyers

Even with the best preparation, however, accidents can happen, and sometimes they result in injuries that end up being far worse than you could have imagined. If you find yourself in this situation, consulting with an experienced Florida injury attorney may be a huge help.

 

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.

Keep Your Teens Safe: Alternatives to Driving to Prom

Keep Your Teens Safe: Alternatives to Driving to Prom

by Auto AccidentsAutomobile SafetyTeen Driving

Keep Your Teens Safe: Alternatives to Driving to Prom

In the height of prom season, across the country, local police and first responders work with surrounding schools, survivors, and other drunk driving prevention organizations to reenact realistic reminders of why teens in their communities shouldn’t drink and drive.

One survivor in Illinois recounted his experience of being ejected through a car window after plowing into a telephone pole following a night of drugs and alcohol, and the time it took afterward to re-learn the basic functions of walking, talking, and feeding himself. He also revealed that of the two who were with him, one was in prison, the other dead.

Closer to home, Palm Beach County first responders partnered with the Health Care District and Royal Palm Beach High School SADD members to present “Shattered Dreams,” a prom night car crash reenactment complete with real police and firefighter rescue.

Despite these tragic true stories, far too many teens innately believe that “it won’t happen to me.”

So, one way parents can further ensure their teens’ safety this prom season is to provide them with transportation options to and from the festivities – and require that they decide well before prom night.

Today’s post suggests some fun and flashy alternatives to driving that are way more stylish than that tired, played-out limo rental or letting one of their friends drive them as part of a group.

Party Bus Is the New Stretch

These vehicles offer standing room and the ability for folks to move around a lot easier than a packed limo – when it’s stopped, of course. They also boast a dedicated area to stock non-alcoholic refreshments and snacks, and usually have great sound systems wired to Bluetooth in passengers’ own playlists. They fit way more people than a limo, too.

The more party people in the bus, the less there are on the roadways alone. This is a great option for that high school crew looking for rock star treatment.  

Take the Trolley

A dozen or more of your teen’s closest friends packing a trolley – what could be more fun (and safe) than that? It may take a little research, but depending on your location, where prom takes place, and trolley run times, this could be one of the most cost-efficient and exciting adventures of the evening for them!

One of the many, many people who don’t live in an area with an actual, working trolley system? If everyone wants to invest a bit more, there are also a few charter trolley rentals around the South Florida area you can check into.

Romantic Ride-Sharing

Ride-sharing has hands-down been one of the most quickly-integrated technologies of the last decade – you, your teen, or both may have already used ride-sharing services on different occasions.

Think ride-sharing doesn’t seem very “prom”? Fair enough, but you may not be aware of some of today’s available service upgrades. We suggest looking into UberSelect, UberBLACK and UberSUV options in your local area. These are luxury livery services, offering commercially registered and insured SUV and luxury sedans complete with uniformed drivers.

A Walk in the Moonlight

What about a leisurely stroll to and from the event? It’s a sure-fire way to avoid a traffic accident, and a sweet opportunity to extend a perfect evening.

You can sell it to your little lovebird as a chance for them to spend time alone with each other – but in public, close to home, and with pre-approved check-ins or curfew time so you can reasonably know they’re safe.

Teen Car Accident Lawyer

If your teen does decide to drive, recommend a combination – maybe suggest driving to prom and then taking a safer alternative home. If they insist on driving round trip, there are other safety tips you can offer to limit distractions, such as keeping it to one couple per vehicle to avoid over excitement and reduce overall number of people at risk of being hurt in an accident. Also, don’t hesitate to remind them that the primary way they can prevent a DUI accident is simple: don’t ever drink and drive.

 

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.

An Animal Bit Your Kid in Florida -- Who's Responsible?

An Animal Bit Your Kid in Florida — Who’s Responsible?

by Dog Bites / Animal Attacks

An Animal Bit Your Kid in Florida -- Who's Responsible?

We live in an animal-loving society. Most of us interact with pets on a daily basis (ours or others), and they are an important part of many people’s lives.

However, it is vital to remember that all animals are, at their core, wild, and sometimes things go wrong. What happens when an animal bites someone? Who’s responsible?

Florida is a strict liability state, meaning that the owner is held liable in most cases, even if the owner had no prior awareness of the animal’s aggression or likelihood of biting someone.

If your child is bitten by an animal, the results can be both traumatic and physically devastating, so it may be in their best interests to seek damages and hold the responsible party accountable. However, animal bite liability cases are often complex, and you will likely need the help of a professional.

In the meantime, we’ve put together this guide covering who’s accountable for animal bites, and how animal bite cases work in our state.

Florida Animal Owner Liability

The animal’s owner can be held liable for an attack in most circumstances.

As mentioned above, Florida is a strict liability state. Additionally, Florida dog bite laws do not require victims to prove that their injuries were a result of the owner’s negligence.

Under state laws, an animal owner can be held liable for injuries if it can be proven that the animal bit the victim, and that the victim was either in a public space or lawfully on private property at the time of the attack.

In addition to strict liability, you can also file a suit on the grounds of negligence if it can be proven that the owner’s negligence was responsible for the attack. To win a negligence claim, you will have to prove that the animal owner breached a duty of care.

Limitations in Florida Animal Owner Liability

Florida law allows for animal owners to be accountable for injuries caused by the animal in most cases. However, there are certain circumstances under which the owner cannot be held liable.

Limitations to animal owner liability include:

  • The victim was unlawfully on the owner’s property
  • The victim was provoking the animal at the time of the attack
  • The animal was defending its owner or someone else in the immediate vicinity from a perceived threat of danger

Additionally, if the animal owner has proper warning signs and precautions in place to prevent an attack, they may not be held liable for damages. However, the victim can still potentially file a claim under these circumstances.

If the victim had some fault in the attack (for example, by provoking the animal), the damages will be reduced by the percentage of fault assigned to the victim.

Statute of Limitations in Florida

Florida law sets limits for how long someone injured by an animal attack has to file a lawsuit. Under state law, the case must be filed in the civil court system within four years of the date of the attack. If you miss the deadline, it’s likely that your case will be thrown out.

Florida Animal Attack Lawyer

Having a child suffer a serious animal bite is a tragedy that no one should have to suffer. Unfortunately, sometimes these things happen despite your efforts to prevent them. If you find yourself in this situation, you need to know what to do after an animal attack to ensure the safety and future prosperity of your child — as well as making sure that the owner is held to account.

 

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.

 

What Happens If You Get Into a Florida Car Crash with a Wild Animal?

What Happens If You Get Into a Florida Car Crash with a Wild Animal?

by Auto Accidents
What Happens If You Get Into a Florida Car Crash with a Wild Animal?

Just under a year ago, a Florida mother and her two toddlers suffered a fatal auto collision with an alligator in South Carolina. According to police, they struck the animal and skidded off the road, smashing into a tree. The vehicle burst into flames upon impact, killing all three.

Unfortunately, if you live in Florida — or anywhere along the Gulf of Mexico — this probably isn’t the first story you’ve heard about an auto accident involving one of these larger-than-life reptiles. In fact, the USDA reports about a billion dollars annually in collision damage due to alligators and other wildlife.

If you have recently experience this kind of accident, and aren’t sure what happens next, an experienced Florida auto claims attorney can help. In the meantime, we’ll share how to avoid animal-vehicle collisions, reduce impact when you can’t, and what happens afterwards if the accident was unavoidable.

Avoiding a Wildlife Accident in Florida

Three common-sense concepts are the most likely way to get you where you need to be without colliding with part of the animal kingdom:

  1. Drive Undistracted. We can probably all agree that you can’t avoid what you don’t see. With technology at our fingertips — some of which is specifically designed to make our driving experiences more enjoyable — accidents due to distracted driving have risen drastically over the past several years. Even if you think you’re alone on the open road – just you, your GPS app, and your playlist – know that you’re not. The primary way you can help yourself avoid a wild animal collision is to keep your eyes on the road.
  2. Know Your Roads. Understanding what wildlife populates your areas, during which seasons, and their basic life habits will help when navigating various landscapes on your regular routes — particularly over hills and at crossing points. Additionally, you should use auto safety features like adaptive headlights to see better. Wild animals are generally most active at dusk and dawn, so you want to be on heightened alert during those hours. Finally, living where alligators are abundant means learning to keep your eyes lower than someone watching for, say, deer.
Avoiding a Wildlife Accident in Florida
  • 3.)   Keep to Posted Speeds. You may not be aware, but roadway engineers consider every aspect of the environment when developing recommendations for speeds. They look at physics and velocity around curves, distances of straight-aways before drivers become drowsy — everything. Sometimes those low speeds are in place to allow you enough time to brake for local wildlife. 

When you do have to stop suddenly, quickly tap your brakes several times to signal drivers behind, lay on your horn to frighten the animal, and then simply brake – do not swerve. You may be able to stop short of an accident, and swerving often leads to greater damage than the actual impact.

Otherwise, braking in the way described will at minimum reduce animal-vehicle impact and associated damage. From there, a few key steps will ensure swift and proper processing of your auto accident claim.  

After an Animal-Vehicle Collision Occurs in Florida

Your comprehensive coverage insurance plan protects your vehicle against physical damage from a car crash not caused by a stationary object or another vehicle. That includes wildlife-vehicle collisions as long as your claim meets a few standard requirements.

Generally speaking, you should take these steps:

  1. First make sure that you and any other people involved are okay. If there are serious injuries, reach out to emergency services immediately.
  2. If possible, pull over and do what it takes to make yourself and the scene visible: put on your hazards, and light a couple of flairs if you’ve got them.
  3. Next, call the police to report the accident. Although there is no law in Florida against leaving the scene of an animal-related accident, staying until authorities arrive to let them know whether the animal is alive (in which case they can safely put it down) is the humane thing to do.
  4. Last, if you’re able, take photos. Document the scene, the animal, the damage to your vehicle, and any visible injuries sustained by yourself or any passengers.
South Florida Car Accident Attorney

Nearly all animal car accidents are handled the same by car insurance carriers. Knowing what damage to look for and how to handle an animal damage claim can save time and money.

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 Appeals Court Says Insurers Can Be Sued for Bad Faith Sooner

Florida Appeals Court Says Insurers Can Be Sued for Bad Faith Sooner

by Bad Faith Insurance

Florida Appeals Court Says Insurers Can Be Sued for Bad Faith Sooner

Buy a car? Need minimum liability required. Buy a house? Got to have a homeowners’ policy. Living and breathing? Government says you better have health coverage or else.

So why does it seem then that those insurance companies that we hire and pay regular monthly premiums to continue to fight so hard against acting in good faith as we do, paying what is due when it’s time?

While it isn’t the same as insurers simply behaving as they should, at least Florida has a way for you to fight back. Specifically, Florida law says that any person can file a bad faith civil suit against an insurer when that company does not attempt in good faith to settle a claim when it could and should have done so if it was acting fairly and honestly toward its policy holder.

When you file a claim on a current policy with your insurance company, they are required to do all of the following:

  • Recognize your claim
  • Investigate in a prompt manner
  • Respond quickly to your communications
  • Avoid unnecessary forms which would slow down the progression of a claim
  • Offer actual reasons for denial of your claim and/or any delays experienced during the process

There are a myriad of examples which may violate its obligations to you as a policy holder, and if an insurer does not adhere to these requirements when dealing with a claim you have filed, you may have reason to file suit for bad faith.

The Second District Court of Appeal in Florida is trying to do its part for consumers as well, offering a recent ruling that effectively says people can now file claims against insurers engaging in bad behavior earlier than was previously allowed.

What exactly happened?

Appeals Court Underlines the 60-day Rule in Florida

Reversing a trial court’s decision, the Second District Court of Appeal drove home the obligation of insurance companies to respond quickly to their members communications by underlining the Florida law regarding the 60-day cure period for bad faith by an insurer.

In their explanation, they wrote: “Section 624.155(3)(d) ‘plainly’ states that ‘no action shall lie’ if damages are paid or corrective action taken within 60 days after a CRN filing” and pointed out that “nothing in Section 624.155 required that an insurer actually receive the CRN before the 60-day cure period begins.”

In other words, when people file an insurance claim, the insurance company has 60 days to deal with it according to the law. Insurers have been extending this period by arguing that the 60 days don’t start until they actually receive the claim.

In this particular case, the plaintiff originally filed the claim electronically. However, because the insurer also asked that a copy of the filing be mailed in after, they argued that their 60 days didn’t start until that printed paperwork arrived in the mail.

The court did not agree. In their opinion, the plaintiff’s claim was officially filed when she clicked “submit” on the electronic form, and the 60-day “clock” for the insurance company began to tick at that moment.

Which makes sense, because at that point the insurer should have the information they need. Waiting for a printed copy is just stalling.

A Win for Those Who Have Suffered Bad Faith Insurance in Florida

This is a nice win for people filing bad faith claims who have had to deal with a variety of delay tactics by insurers. Unfortunately, it won’t stop all of these tactics, and history shows it is the insurance companies that have the twin luxuries of time and resources that allow them to hold off on properly dealing with claims or fighting you through the court system if need be.

What kind of tactics do insurers use?

Allstate has a well-documented aggressive litigation strategy – deny, delay, and defend (actually known as the “three ds” internally). AIG has been outed for practices of undue denials and holding claim payments until policyholders complain. Farmers Insurance Group even bases employees’ performance reviews and pay raises on their ability to meet claim payment goals (i.e., the less paid out, the better).

Florida Bad Faith Insurance Lawyers

However, we hope bad faith claim wins like the one described above continue to help turn the tide. While statutes are drawn up and approved by lawmakers, it is common law – the continued judicial precedent developed through the court system which are based on those statutes – that moves mountains.

 

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.

 

Floridians: Learn How Drinking Impacts Your Slip and Fall Claim

Floridians: Learn How Drinking Impacts Your Slip and Fall Claim

by Slip and Fall

Floridians: Learn How Drinking Impacts Your Slip and Fall Claim

If you recently suffered injuries from night out on the town, you know that slip and fall injuries are no joke. People have received millions of dollars in compensation after slipping and falling at a store or a bar. Maybe you want to pursue one of these lawsuits yourself. After all, the medical bills are starting to pile up.

Before you start to build your case, we have one question to ask: were you drinking when you fell? (There tend to be a lot of slip and fall cases right around St. Patrick’s Day and other big drinking holidays.)

If the answer is yes, you might have a harder time getting the compensation you need to pay for your injuries.

What Does Florida Law Say about Getting Injured While Drunk?

When you take a slip and fall case to Florida personal injury courts, a judge will look over the defendant’s role in the situation and how they could have possibly prevented the injury and kept you safe. However, the judge will also look at how you, and the state of mind you were in at the time of the accident, contributed to the fall.

Additionally, Florida has specific rules about how alcohol plays into slip and fall cases:

“In any civil action, a plaintiff may not recover any damages for loss or injury to his or her person or property if the trier of fact finds that, at the time the plaintiff was injured:

  1. The plaintiff was under the influence of any alcoholic beverage or drug to the extent that the plaintiff’s normal faculties were impaired or the plaintiff had a blood or breath alcohol level of 0.08 percent or higher; and
  2. As a result of the influence of such alcoholic beverage or drug the plaintiff was more than 50 percent at fault for his or her own harm.”

In other words, if the defendant can present evidence that your BAC was .08 or higher at the time of your accident or show that you were at least 50 percent at fault, your case may be thrown out.

What Does Florida Law Say about Getting Injured While Drunk?

Receipts from the bar or eyewitnesses may validate the assumption that you were over the legal driving limit. Luckily, most store owners don’t have a Breathalyzer on hand for slips and falls, so there are still opportunities to fight this claim.

Comparative Negligence and Alcohol in Florida Injury Cases

Even if you didn’t hit a .08 BAC, alcohol can be a contributing factor in your slip and fall. Alcohol has a serious impact on motor skills and judgment. If the defendant can show that the effects of alcohol contributed to your slip and fall, you could lose your case – and you will almost certainly lose a portion of damages recovered.

What does that mean?

Judges presiding over Florida slip and fall cases make their decisions based on comparative negligence rules. This means that if even a percentage of blame could be placed on the plaintiff, they won’t get the full amount of damages for their injuries.

If a lack of judgment from alcohol is considered 25% of the cause of the slip and fall, the judge may only give the plaintiff 75% of the compensation they asked for when they initially filed the claim – even if they win.

In other words, if you win your case and get an award of $100,000, that will be reduced by 25% to $75,000.

Comparative negligence is an important concept to understand when you are filing a slip and fall claim in general – intoxication isn’t the only factor that can contribute to slips, falls, and the resulting damages. The following factors may also chip away at the damages you recover from your claim:

  • Poor footwear (slippery shoes, open toes, etc.)
  • Breaking the rules of the property (dancing on the table, running in places where it is not allowed, etc.)
  • Getting distracted by things within your control (your phone, music in headphones, etc.)
  • Ignoring signs or warnings from staff members about slippery or hazardous conditions
  • Failing to treat injuries right away, which causes more severe damages or injuries

What’s Next for Floridians Who Fell and Got Hurt While Drinking?

This blog post isn’t meant to scare you out of filing a lawsuit and getting the compensation you deserve. We offer you this information to inform you and give you an idea about what evidence you might need to win your claim.

No one wants to lose their slip and fall case. You may need to shift your strategy from focusing on the property’s negligence to focusing on how you can fight claims that you were intoxicated at the time of your accident.

Feel like you’re fighting an uphill battle? Reach out to a personal injury lawyer. They can help you navigate your case, fight claims of intoxication, and build the best strategy for your situation.

Florida Slip and Fall Injury Claims Lawyer

If you can prove that the property owner was still negligent in their duties to keep you safe, a drink or two in your system may not get in the way of a settlement. Get the compensation you deserve and start building your case today!

 

 

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.

Worried about Florida Road Rage? How to Stay Safe Around Angry Drivers

Worried about Florida Road Rage? How to Stay Safe Around Angry Drivers

by Auto Accidents

Worried about Florida Road Rage? How to Stay Safe Around Angry Drivers

No turn signals, sudden stops, swerving – driving on the road in Florida can feel like an accident waiting to happen. Even if you’ve lived in the state your whole life, it can be incredibly frustrating to drive here. Worse, the blame is shared between retirees, tourists, and just downright bad drivers.

Unfortunately, it appears that some Florida drivers can’t let these frustrations go, which has led to the Sunshine State being a leader in road rage cases throughout the country.

Between 2014 and 2018, Floridians reported over 277 cases of road rage. We don’t just mean 277 horns honking or obscenities out the window, either. These cases involved guns, and 20 people have died at the hands of a gunman due to road-related events.

Hopefully, it goes without saying that pointing a gun at another driver doesn’t solve road rage problems. It only puts you at risk of an arrest (or of getting a gun pulled on you!).

Even if you are a Florida driver who doesn’t experience road rage yourself, you may still find yourself at the center of an accident with an angry driver. Use these tips to stay safe while driving on the I-4 and beyond.

Don’t Engage

Road rage incidents typically don’t start with a gun in your face. Most drivers will honk or yell first.

Here’s the good news. Often, you can stop road rage here. Just don’t engage with the driver, even if they start to insult you or start tailgating your car. Get out of their way (safely) and avoid eye contact. Change lanes or slow down in another lane if possible.

Most likely, the driver will continue to move forward and eventually cool down. The more you respond, the more riled up they will get.

Whatever you do, don’t pull over. This gives the driver a reason to get out of the car and confront you.

Know Where Your Local Police Station Is

If, for any reason, you do have to stop while someone is harassing you, make sure help is nearby. Pull into a police station, a fire station, or any public place where people in authority can easily help you. This should hopefully intimidate the driver with road rage and encourage them to keep moving.

Boca Raton Personal Injury Lawyer

Even then, once you pull over, don’t get out of the car until the driver leaves. If they get out of their car, do not get out to confront them. You never know if they are carrying a gun.

Concealed carry is legal in Florida, so even if they do not appear to be carrying when you first see them leave the car, stay in your vehicle. Treat each driver with road rage as if they are carrying a gun.

“Siri, Call the Police.”

If a driver starts to make you feel uncomfortable, but you don’t want to pull over, call the police or 911. Calmly explain the situation and share your location. Keep the authorities on speakerphone until you feel safe.

Making a phone call while driving is not illegal in Florida, but things may change soon. (Texting is prohibited, but only as a secondary offense.) Regardless, it’s better to face the repercussions of an illegal call than risk your life with an angry driver.

If you are driving in a different state and run into road rage trouble, know the laws before phoning the police.

Stay Calm

Road rage incidents can be terrifying. They can also make you angry. The driver has no right to tailgate you, cut you off, start throwing things, or yell at you.

Don’t let this affect you. Don’t give in to their jeers and insults. The moment you start yelling back is the moment you could be blamed for the road rage incident.

Also, remember: road rage incidents can escalate quickly. If you start to brandish a weapon or start breaking the law, you could find yourself in jail or slapped with heavy fines. Take a deep breath and remember not to take the driver’s insults or behavior personally.

How to Defend Yourself after a Road Rage Incident

Could you be found at fault for a road rage incident that you didn’t start? The answer lies in the state of Florida’s comparative negligence laws. If a plaintiff files a lawsuit after a car accident, the judge will have to look at how each party contributed to the accident, as well as the damages caused by the accident. The judge will award damages based on each party’s contribution.

For example, say a road rage incident turned into an auto accident. A driver stopped short and was hit by an angry driver that was tailgating them.

Injuries from the accident lead to a lawsuit. The driver in the front asks for $100,000 to cover the damages of the accident. However, as the judge evaluates the case, they discover that the front driver stopped short to aggravate the tailgating driver.

Fort Lauderdale Car Accident Attorney

 

This has a significant impact in the case. The judge determines that the front driver is 40% at fault for the accident. The front driver only receives 60% of the damages, or $60,000, from the defendant.

This is why it’s so important to stay calm during a road rage incident. Your attitude can keep you safe and prevent you from losing money if the incident results in a 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.