South Florida Injury Law Firm Attorneys Broward Palm Beach Case Review

St. Paddy’s Slip and Fall Injury? How Floridians Can Fight Back

March 29, 2018

by South Florida Injury Law Firm Personal Injury Lawyer Slip and Fall St. Patrick's Day

Did your St. Paddy’s Day weekend get ruined by a slip and fall injury? You’re not alone.

On St. Patrick’s Day in 2017, Megan Keefe, 20, was celebrating the holiday at the Spirits Restaurant and Bar in Cleveland, Ohio. Bartender Carisa Buehner, 29, served three alcoholic drinks to the underaged Keefe.

Keefe proceeded to the second-floor balcony and fell when it gave way. She hit her head on a granite surface and suffered severe head injuries as a result.

Now Keefe’s family has filed a lawsuit against the bar, building owners, and security guards, alleging that their negligence has caused injuries that resulted in over $1 million in medical bills.

Sadly, there are lots of stories like this.

In this post, we’ll give you examples of common reasons for St. Patrick’s Day slip and fall accidents, and how you can fight for compensation if your accident was due to another’s negligence.

Reasons for St. Patrick’s Day Slip and Fall Accidents

There are all kinds of reasons why people fall and hurt themselves on St. Patrick’s Day, and many of them may be due to the actions – or inactions – of another. This is particularly common in “party” venues like bars and clubs.

Here are several ways that a venue’s actions can lead to a slip and fall injury:

Spills or leaks were left on the floor and not cleaned up in a reasonable amount of time
Wet floors were unmarked
The dance floor was slick due to too much wax
The floor was cluttered
Floor tiles were broken or loose

Any of these could be reasons that your slip and fall accident occurred, but there are specific legal requirements that must be met. Check with an experienced personal injury lawyer regarding the details of your unique situation to see if you have a viable case.

Holding Someone Responsible for Negligence in a Florida Slip and Fall Case

You can win a slip and fall case if your attorney is able to prove that the potential hazard, such as a spill, was known, yet not corrected in time, and that the hazard in question caused your accident. State law requires that the entity knew about the situation ahead of time but failed to correct it.

In other words, you can’t file a lawsuit for spilling a drink and immediately falling because of it.

Florida Statute 768.0755 reads:

“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.”

If your case meets these conditions, you may be able to file a lawsuit.

Get compensation for your injuries

If you are ready to hold an individual or entity responsible for your St. Patrick’s Day slip and fall accident, a knowledgeable Florida personal injury attorney can help.

Don’t wait, though – the statute of limitations in Florida says that people have four years from the time of the incident to file a case. Call today for a free consultation with an experienced slip and fall 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.

Stronger Distracted Driving Laws? Nope, Says Florida Senate

March 28, 2018

by South Florida Injury Law Firm Auto Accidents Distracted Driving

Recent legislation passed by the Florida House would have cracked down on distracted driving, but the Senate refused to even hear the bill.

Bill HB 33 was passed by the Florida House of Representatives 112-2, and Governor Rick Scott even gave it his blessing, meaning the bill likely would have been signed into law if passed by the Senate. However, Florida Senate President Joe Negron refused to hear the bill, effectively killing it.

Currently, texting while driving is only a secondary offense. This means that drivers can only be ticketed if pulled over for another offense. Furthermore, the fine for distracted driving is only $20 – not much motivation to put cell phones away and focus on the road.

Why is this such a big deal? Because distracted driving is extremely hazardous. It significantly slows a driver’s reaction time, meaning that a distracted driver has much less time to perceive hazards and react to avoid an accident. In fact, some studies suggest that distracted driving is just as dangerous as drunk driving.

There are many ways that drivers distract themselves while on the road, but these days the most common driver distraction is cell phone use, particularly texting or other means of written communication.

Using Smartphones While Driving: A Deadly Combination

Florida is the second-worst state in the nation for distracted driving, with over 50,000 distracted driving accidents annually – that’s more than five crashes every hour. Distracted driving crashes are often very serious, with over 3,500 serious injuries and 233 deaths occurring annually due to distracted driving.

In fact, these statistics may be an underestimate. According to Florida Highway Patrol Sgt. Mark Wysocky, people are unlikely to volunteer the fact that they were distracted prior to a crash. This means that many more crashes than officially recorded could involve distracted driving.

There are three categories of driver distraction:

Visual: Taking your eyes off the road
Manual: Taking your hands off of the steering wheel
Cognitive: Thinking about things other than driving

Using cell phones and texting while driving requires all three categories of distraction, making texting and driving one of the most dangerous types of distracted driving.

This is why most states have outlawed texting or other means of written communication (such as email and social media) while driving and passed legislation to make it a primary offense.

This means that police are able to stop and cite drivers who use handheld cell phones while driving even if they are not engaged in any other improper driving behaviors. In some states, such as New York, it’s even an offense to talk on a cell phone while driving.

Florida is on the opposite end of that spectrum. We are one of only four states that has not yet made texting while driving a primary offense.

HB 33 would have changed this, finally giving law enforcement the ability to pull drivers over for texting on their cell phones while driving without the requirement that they were disobeying any other laws. Unfortunately, the blockage of Bill HB 33 means that this is unlikely to change anytime soon.

What does this mean for Florida drivers? The bottom line is that law enforcement has little power to stop distracted driving here – police are hamstrung to prevent this dangerous behavior by the law itself. In fact, the only way to hold distracted drivers accountable if you are injured by their negligence is to file a personal injury auto accident claim.

Personal Injury Claims for Distracted Driving in Florida

If you are injured in a car accident that was not your fault and believe that the other driver may have been using a handheld cell phone at the time of the crash, take action by filing a personal injury claim. This will help to address financial concerns arising from the accident and injury, and will also hold the other driver accountable for his or her negligence.

To win, your personal injury attorney will need to present evidence proving the required elements of a negligent injury case. These include the fact that the other driver had a duty to drive safely, that they breached this duty, that you were injured because of this breach, and that your injuries have caused you financial damages.

Our experienced Florida injury lawyers can review your situation and help you determine if you have a viable case. Succeed in your lawsuit and you will win well-deserved compensation for you and your family, while also holding the distracted driver accountable, hopefully discouraging them from making the same mistake in the future.

About the Author:

America’s Other Gun Problem: Defective Firearms

March 15, 2018

by South Florida Injury Law Firm Defective Products Gun Safety

Jarred Brown, 28, had just picked up his Taurus PT-145 Millennium Pro pistol and headed out with his friend to do some target shooting. According to his friend, the pistol was in Jarred’s hip holster when it discharged on the family’s back porch.

The pistol sent a.45-caliber slug through Jarred’s femoral artery, and his father came out onto the porch to find his son bleeding out. Jarred’s father and stepmother called 911 and did their best to stop the bleeding and resuscitate Jarred, but he was dead by the time paramedics arrived on the scene.

Jarred’s father and friend were convinced that Jarred hadn’t touched the gun when it discharged, so they did online research to better understand what had happened. They learned that there had been a number of class action suits against Taurus, and that several of their guns could fire on their own, even with the safety on.

So why weren’t they recalled? Unfortunately, no government entity has the power to regulate defective firearms or ammunition in the US – or even to force gunmakers to warn consumers of safety defects. Historically, pro-gun lobbyist groups have blocked legislation to give any government agency oversight over defective weapons out of concern that such legislation could set precedents that ultimately compromise Second Amendment rights.

Let’s take a second to put this in perspective. Consumer products ranging from teddy bears to kitchenware are federally regulated, and are routinely recalled due to even minor safety concerns. Not guns, though. Essentially, guns and ammunition – inherently dangerous products – have no safety requirements or oversight whatsoever.

Gun companies, motivated by the bottom line, are allowed to manufacture and market products with known safety defects, even after multiple fatal accidents have occurred. To this day, Taurus denies that its guns even have any defects.

Bottom line? The only way to fight back against defective firearms or ammunition is to file a defective product lawsuit if you or a loved one are injured by a defective gun. Let’s take a look at the elements of a defective firearm lawsuit.

How Defective Firearm Lawsuits Work in Florida

The first question the courts will ask when looking at a firearms injury case is how the injury happened. If the weapon was used improperly and was not defective, the user is liable for damages. If the weapon was used properly and is defective, it may be possible to hold the manufacturer liable through a product liability suit.

Under Florida product liability law, here are three main ways in which a product defect can cause damages. All three have been successfully used in firearm product liability cases.

Defective Design

If the gun is designed in such a way that injury could foreseeably result, and if the risk of injury could have been mitigated by an alternative design, the product may be defective in its design. In the above example, previous injuries resulting from spontaneous discharge of Taurus handguns would be suggestive of a design flaw.

Manufacturing Defect

If the design of the gun does not have any safety defects but the individual gun is manufactured with a flaw, this is known as a manufacturing defect.

Marketing Defects

If the gun is marketed with inadequate warnings relating to an unexpectedly dangerous quality inherent in the weapon, this may constitute a marketing defect. This would also apply to Taurus handguns, as defects in the safety switch and trigger are not disclosed in product warnings.

What to Do If You are Injured by a Defective Gun

If you or a loved one are injured by a defective gun, take action by seeking compensation for your injuries. Winning means not only helping to secure your financial future, but holding the manufacturer accountable in a public way that will hopefully lead to positive changes making firearms safer.

Proving product liability usually requires skilled legal help, especially for an inherently dangerous product such as guns. A personal injury attorney can help you get the compensation you deserve, and hold the manufacturer accountable for its dangerous defective product. Contact us today to learn what options are available to you.

About the Author:

Recent Case May Allow Floridians to File Bad Faith Claims Faster

March 1, 2018

by South Florida Injury Law Firm Bad Faith Insurance

You pay your insurance company for peace of mind, assuming that any accidents covered under your policy will be paid for by them in full. However, sometimes an insurer refuses to pay a claim unreasonably. Or fails to conduct an appropriate investigation. Or unreasonably delays investigation.

When these things happen, it is possible that your insurer may be acting in bad faith. That’s the bad news. The good news is that bad faith is illegal, and you may be able to hold your insurer liable for damages.

Under Florida law, policyholders have to go through the regular process before doing this, including waiting until the insurance company conducts an appraisal. In bad faith claims involving unreasonable delays in investigation, this has made filing suit very difficult for policyholders, often forcing them to live with unrepaired damages for months – or even years.

However, a recent case may signal that things are changing. Florida courts just ruled that a policyholder did not need to wait until an appraisal had been conducted to seek damages. This sets a new legal precedent, and may allow other Floridians to receive bad faith damages prior to the appraisal.

Let’s take a look at the case in question, as well as how this may change bad faith insurance law — and how you, the policyholder, could benefit.

Philip Landers v. State Farm Florida

In 2009, Florida resident Philip Landers sustained suspected sinkhole damage to his home and filed a claim with his insurer, State Farm Florida Insurance Co. The insurance company made initial repairs, but Landers hired an independent evaluator who advised that the repairs were insufficient.

After a protracted legal battle, Landers ultimately sued State Farm in 2014 for acting in bad faith, stating that the company had delayed paying policy limits until after appraisal. The court initially ruled in favor of State Farm, but Landers appealed to the Fifth District Court of Appeal.

The appeal court reversed this ruling, finding that the purpose of a civil remedies notice (CRN) is to encourage good-faith efforts to settle claims in a timely manner prior to litigation, not to vindicate further efforts to delay. Further, the court found that filing a CRN prior to appraisal did not make the CRN null and void, and that nullifying the CRN perturbs the purpose of the statute by further delaying the time necessary to assess and pay out claims.

Previous Policy and Why the Landers Case Matters

Here’s why the Landers case matters. Quite simply, it could pave the way to a more streamlined bad faith process. Previously, insurance companies were allowed to request an appraisal in the event of a bad faith suit and/or CRN, delaying any further action until the appraisal had been performed, and nullifying CRNs.

Because many bad faith insurance suits involve delays in investigation and repairs, this policy often frustrated the efforts of policyholders trying to seek justice. However, the Landers case sets a new precedent, allowing policyholders to file CRNs and bad faith insurance suits and seek damages prior to the insurer conducting an appraisal.

If You Have Suffered from Bad Faith Insurance

If you believe that your insurance company has acted in bad faith by failing to pay out claims for covered events or unreasonably delaying investigations, you may have a case for bad faith insurance.

You have likely paid your premium for many years under the assumption that your insurer would do right by you in the event of an accident. If your insurer fails to follow through or delays investigations, this can have devastating consequences for your finances and quality of life.

An experienced Florida bad faith lawyer will be able to help assess your case fight for the compensation you deserve from your insurer – get in touch today.

About the Author:

Top Child Accidents: What Florida Parents Should Really Worry About

February 22, 2018

by South Florida Injury Law Firm Children Injuries & Accidents

As a concerned parent, you worry about your child’s safety pretty much all the time. However, it is important to know that there are certain things that you should be more worried about than others.

When is your child at the highest risk of danger in Florida? Every year over 9 million children are treated for injuries in U.S. hospitals. In this post, we’ll tell you the most common childhood accidents, give you tips on accident prevention, and let you know what to do if your child is injured due to someone else’s negligence.

Drowning

Florida has beautiful waterways, easy access to beaches, and an abundance of swimming pools. Not surprisingly, all this water means that children have elevated risks of drowning here. In fact, for kids between the ages of one and four, drowning is the top cause of death. That’s why it’s so important to be vigilant when your child is near water.

A small child can drown in only an inch of water. You must keep a constant eye on small children when they are close to a water source. Ensure that pool covers are locked when not in use, and that gates and doors to a pool cannot be opened by a small child.

It’s also smart to sign your child up for swimming instructions as soon as possible, make sure he or she wears a life vest when out on the water with you, and to teach them good water safety habits at a young age.

Falls

Children are natural explorers. Most kids enjoy climbing trees and playground equipment, riding bikes, and navigating the outdoors. All of these behaviors pose falling risks. Falls are the number one reason for injuries to children under 15 years old.

How can you encourage your child’s exploration skills while also promoting safety? Secure furniture to the walls and keep windows and doors locked. Keep your floors free from clutter to prevent tripping. Take your child to play at a newer playground with a soft surface that will cushion falls. When your child rides a bike, always make him or her wear a bike helmet.

These simple precautions will minimize fall dangers for your child.

Choking

Young children are especially prone to choking hazards because they tend to put everything in their mouths. You must be vigilant with babies and toddlers, keeping small items out of reach and paying close attention to what they put in their mouths.

During mealtimes, cut all food into small pieces before giving it to your child. Avoid giving your child hard foods such as nuts and raw carrots until they have developed a sufficient number of molars to properly chew.

Suffocation

Children under the age of one year are at a high risk for suffocation. Many suffocation cases are due to improper sleeping placement. The risk of suffocation rises when a baby co-sleeps with an adult, so make sure to place your baby in a crib or bassinet. Place your baby on his or her back in the crib, and make sure that no other objects, toys, or blankets are in the crib with the baby.

Also remember to keep plastic bags out of baby’s reach. They may love hearing the crinkly sound, but a plastic bag poses a serious suffocation risk.

Poisoning

Children are known to get into Mom and Dad’s stuff without permission. When they get into the family medicine cabinet, they can end up accidently poisoning themselves. Always monitor your medicine cabinet, no matter the age of your children. Keep prescription drugs locked up for maximum security.

Another poisoning source is household cleaning chemicals. Make sure these chemicals are labeled as poisonous and teach your child to avoid those products. Also keep the chemicals in an out-of-reach shelf or cabinet so your child can’t have access to them.

Sports Injuries

Children who love to play sports will likely experience a sport injury sooner or later. Sports injuries can be relatively minor, like sprains and bruises, but they can also be incredibly serious, as in the case of broken bones and concussions.

Keep your child well-hydrated during sports events and encourage him or her to take frequent breaks. It’s important to take your child to the emergency room if any injury occurs so that treatment can prevent further issues.

If your child is injured due to someone else’s negligence, consult with a knowledgeable Florida personal injury attorney to see if you have grounds for a lawsuit. Get in touch today.

About the Author:

How to Avoid a Valentine’s Day Drunk Driving Accident in Florida

February 16, 2018

by South Florida Injury Law Firm DUI Accidents

We don’t tend to think of Valentine’s Day as a “drinking holiday” like some others, but many people do drink when they go on Valentine’s dates. A lot of people.

In fact, One breathalyzer company collected data from 100,000 anonymous users and found that Valentine’s Day ranks as the third most popular American holiday for people to register as legally drunk on breathalyzer tests. The average blood alcohol content level on Valentine’s Day is 0.081, outranked only by New Year’s Eve at 0.095 and Super Bowl Sunday at 0.087. The findings also reveal that people may begin drinking earlier in the day on Valentine’s Day as compared to other holidays.

Like Erin Lynch. On Valentine’s Day in 2016, the Boston-area woman was allegedly driving drunk when she crashed into another driver. That’s bad enough, but the officers who asked to see her license after the crash reported that she actually drank wine in front of them. Police recovered a bottle of wine and a wine glass from the scene, and she was transported to a local hospital and charged with various crimes.

Now, chances are your night won’t end like Ms. Lynch’s, but why even take the risk? Celebrate Valentine’s Day without the use of alcohol by trying one of these Valentine’s Day date ideas that don’t involve drinking.

Cook a Meal Together

If you want a delicious meal without the waiting time and inflated prices, skip the restaurant and cook a meal together. Choose your favorite cuisine or try a new recipe. Whatever kind of meal you prepare, have fun in the kitchen together. You can make an alcohol-free sparkling drink to accompany your meal.

Go for a Walk

An evening stroll can be a wonderful bonding experience. Watch the sunset together or star gaze while holding hands. Spending time outside is proven to boost your mood – why not do it together?

Go Shopping

You don’t have to spend a lot of money to have a shopping date. Visit a used book store or a thrift shop and find an inexpensive gift for each other.

Read to Each Other

If you both like to read, choose love poems or romantic passages and read them out loud to one another as personal expressions of love.

Play Video Games

Many of us grew up playing video games for fun and healthy competition, but they can also be a great way to bond. So if you’re both into the idea, break out your console and play an old-school game together to get closer with pixels.

Share a Dessert

Beat the crowds by visiting a pastry shop or an ice cream parlor and share a dessert for a sweet and inexpensive Valentine’s date.

Take a Class Together

Would you like to learn how to dance? Sign up to take a class together. You can find a class on almost any topic. Choose one that suits both your interests and enjoy learning together.

Take a Road Trip

A quick overnight road trip can help you break away from life’s stresses and enjoy one-on-one time together. Book a night at a bed-and-breakfast or choose a hotel with an ocean view.

Visit a Spa

A couples’ massage is a relaxing and romantic choice for both of you.

With these tips, you can enjoy a romantic Valentine’s Day without the chance of driving drunk. However, you might notice that many of the above tips still involve going out, and even if you don’t drink, others still will.

Not drinking will reduce your risk of personal injury, but it won’t eliminate it. If you’re hurt by a drunk driver, fight back with the help of a knowledgeable Florida personal injury attorney.

About the Author:

Florida Legal Malpractice: How to Win against a Negligent Lawyer

February 10, 2018

by South Florida Injury Law Firm Legal Malpractice

Few things are as intimidating as taking legal action against a lawyer. However, if you hire an attorney and they act in a negligent manner, it can result in extensive damages, and you need to fight back. How? By filing a legal malpractice suit against them.

Proving legal malpractice isn’t easy, so you’ll need to be aware of what constitutes malpractice, and what evidence you’ll need to prove it.

Was It Just a Bad Job… or Actual Malpractice?

It’s important to know that being a “bad” lawyer doesn’t necessarily constitute legal malpractice. Let’s look at some of the common complaints that clients have against their attorneys, and whether they constitute malpractice.

Importantly, even if you don’t have a case for malpractice, you are not powerless. There are number of steps you can take if you are dissatisfied with your lawyer.

Here are some common complaints clients have about attorneys:

My lawyer stopped working on my case: The longer your lawyer ignores your case, the more likely his or her inaction is to constitute malpractice. If your case isn’t being properly handled, you must take action quickly. Start by sending a certified letter expressing your concerns and requesting a meeting.
My case was thrown out of court: If your case is thrown out of court because your attorney did no work, this may constitute malpractice. You will still need to prove that your lawyer’s mishandling of the case was the reason it was thrown out, however, and that the case could have been won if they had done their job.
My attorney recommends settling for much less than originally estimated: Unfortunately, this does not constitute malpractice. It means that your lawyer likely overestimated the case’s value to encourage you to hire him/her. This is bad business, but not malpractice. You can minimize the chances of this happening by getting several estimates at the outset.
My attorney settled without my authorization: This one is absolutely malpractice, because your lawyer must have your authorization before agreeing to a settlement. However, to seek damages in a malpractice case, you’ll need to prove that your attorney settled for much less than the case was worth.

Elements needed to Prove Legal Malpractice in Florida

If the signs of legal malpractice are piling up and you think that you may have a case, you will need to prove that your lawyer committed malpractice.

There are several elements your attorney will need to prove in order to win a malpractice case:

Financial Loss: Actual financial losses that resulted from your attorney’s negligence must be proven. This requires records of all money spent on the case, and proof of the case’s worth.
Duty: You will need to prove that your lawyer had a duty to you. This is usually stated in your contract or agreement.
Breach of Duty: The most complicated element to prove is that your attorney acted in a negligent manner, and that this breached his or her duty to you. You must be able to prove that your lawyer did not meet what would reasonably expected of him or her in the circumstances, or that they acted in a way that was not in accordance with their responsibility to you. This may require an expert witness who can determine what should have been reasonably expected in your situation.
Causation: You must prove that your attorney’s negligent actions caused the financial damages you suffered. For example, if your lawyer missed a deadline and your case was thrown out as a result, you must connect the missed deadline to the case’s dismissal.

The Importance of Collecting Evidence

To win your malpractice case, you should begin collecting evidence as soon as possible. Some evidence will be easier to attain if it is collected immediately. Also be aware that Florida’s statute of limitations for legal malpractice is two years.

Here are some of the evidence you should begin collecting:

Expert Witness: A jury will determine whether your lawyer did not meet what would reasonably have been expected of them. An expert witness may be needed to accurately determine what reasonably could have been expected of an attorney representing your case, and effectively communicate this to the jury.

Evidence of Communication: For an unresponsive lawyer, you’ll need evidence that you attempted to communicate with them, such as call logs. Also collect any information that was communicated to your attorney, as well as what he or she did with that information. Written records of communication (such as emails) are especially helpful in this regard.
Evidence from Your Original Case: You’ll need to present the information about your previous case to prove that your lawyer engaged in negligent behavior. If you were able to retry your case with a new attorney who was more effective, this can also be used as evidence.

Bottom line? While your bad experience may leave you understandably leery of lawyers in general, it is important to take action if you are the victim of legal malpractice. Not only can it help you get the compensation that you need and deserve, it allows you to how the attorney accountable for his or her actions and make it less likely that someone else will be victimized as you were.

Not sure whether or not you have a viable legal negligence case? Reach out to an experienced Florida personal injury attorney to go over the facts of your case and learn more about the options available to you.

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Fight Back If Negligence Caused Your Child to Fall at a Florida School

February 2, 2018

by South Florida Injury Law Firm Children Injuries & Accidents

Kids can be wild. They can be careless and clumsy.

However, if your child falls at school and is seriously injured, don’t assume it is your child’s fault. The school still has a duty of care, and if their negligence led to your child’s injury, Florida law says that you can hold them accountable. In this post, we’re going to show you what to do.

How a School Injury Can Occur Due to Negligent Actions

Let’s say your child was injured at recess when another child threw a rock at them, causing them to slip and fall. The fall resulted in a concussion, and now your child has ongoing cognitive function loss. Can someone be held liable in this situation?

Possibly. This isn’t an easy answer. It may potentially involve more than one responsible party. Let’s break it down:

The school could possibly be held at fault for having rocks available on the playground in the first place.
The teaching staff or administrators could be held liable for the other child’s aggressive behavior if it had a pattern of going unchecked and no discipline was given.
You may also have grounds to sue the school district if the children were not properly supervised.
Finally, you may be able to file suit against the other child’s parents for medical damages. An experienced attorney will know which details of your case will point to the party or parties who are liable.

Other situations may be less complex. If a broken tile in the school or a crack in the playground pavement caused your child to slip and fall, the school district could be held liable under premises liability. Schools have a duty to keep their properties free from unsafe conditions, and the crack could be grounds for a personal injury lawsuit.

However, it is important to note that a slip and fall lawsuit against a privately-owned entity is quite different from a slip and fall suit against a public one.

How Lawsuits against Public Entities Work in Florida

If your son or daughter attends a public school, the lawsuit must follow certain procedures since the school is owned and operated by the government. In particular, filing procedures are strict and must be followed carefully, or your case will be dismissed.

A notice of claim is the first step in filing a lawsuit against a school district. It describes the incident, the wrongful action, the injuries, and a request for financial compensation. Normally you have only 60 to 90 days after the incident to file the notice of claim.

The school district will then investigate and either deny your claim or offer a settlement. If a settlement cannot be reached, the case will continue to court. In the state of Florida, you cannot file a lawsuit until 180 days have passed after the notice of claim is filed with the school district and the state’s Division of Financial Services. Moreover, you must file your claim within three years of the incident.

Here are the specific limits from the Florida statutes on tort claims. The compensation limits are $200,000 per person or $300,000 per occurrence. Only further acts of the state legislature can approve higher payouts.

Since school lawsuits are so complicated, your best bet is to enlist the help of an experienced Florida injury attorney. Call today for your free consultation.

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3 Types of Defective Product Cases in Florida

January 18, 2018

by South Florida Injury Law Firm Defective Products Product Liability

We just got through the season of giving, but that also makes it the season of getting for a lot of people. If you or someone love was injured due to a seeming defect in one of their new toys – literal or figurative – you might be feeling angry. You might be wondering if you have a legal case against someone because of the problems cause by their product.

It depends. Under Florida law, there are three different general ways that a product can be deemed defective. Understanding these three defect categories can both give you a decent sense of whether you have a viable case and let you know what type of case you are likely looking at if you decide to file a claim.

Below, we’re going to detail the three types of product defect categories and explain what protections you have under Florida law.

Defective Design

If the design intended by the manufacturer turns out to present an unreasonable hazard to the consumer, the manufacturer may be held liable for defective design in your case.

Florida courts will determine reasonable hazards based on a test of consumer expectations. If a reasonable consumer would expect the product to be safe under intended use, but the product fails to meet this reasonable expectation, the manufacturer’s liability would be primary.

An example of this would be an improperly designed battery storage component on a toy, which could lead to burns from leaking batteries.

Defective Manufacturing

This type of defect occurs during the manufacturing process itself. That means the product design was safe, but as it was being made, flaws in the manufacturing process created unreasonable danger.

The manufacturer can be held liable for a product that causes injury due to defects that occurred between the design process and the packaging or distribution process.

For example, a foreign object could enter a bottle of pills during the manufacturing process, leading to contamination.

Failure to Warn

If a manufacturer or distributor fails to place adequate and appropriate warnings on the packaging of the product, this is another way that they can be held liable for consumer injuries.

A common example of this would be a drug that does not include complete warnings of possible side effects for overdoses. The product may have been designed and manufactured properly, but the packaging failed to reasonably warn the consumer of the known dangers.

With this kind of product defect case, your attorney will need to prove that the risk of injury would have been lowered or eradicated with a reasonable warning.

How Florida Liability Claims Work

Statute of Limitations. You have a limit of four years to file a product liability lawsuit in Florida. What that means is that you have four years from the date that you discover the problem to file a claim.

However, it is also important to note that there is also a 12-year statute of repose. This means that 12 years after a product is delivered to the first purchaser, the manufacturer cannot be held liable for harm in most cases.

Comparative Negligence. Florida courts use the comparative negligence rule in product liability cases. This means that if you are found partially at fault for your injury, the court will award payment to you based on the percentage of liability.

For example, if a product caused $50,000 in damage to your home, but you were found 50 percent liable, your maximum award would be $25,000 from the at-fault party.

The court will take into account the scientific and technological knowledge of the designer and manufacturer at the time the product was made and consider how that bears on the overall liability.

Get Legal Assistance

Product liability cases tend to be complicated and hard-fought, and they can be difficult to win on your own. Companies are reluctant to admit fault and will pull out all the stops to shut your case down. To give yourself the best chance at success, you need the help of an experienced Florida injury attorney who will fight on your behalf. Call today for a free case review.

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What to Do If You See Signs of Abuse Visiting a Florida Nursing Home

January 13, 2018

by South Florida Injury Law Firm Nursing Home Abuse Nursing Home Neglect

If you’re like a lot of Floridians who have an elderly loved one living in a long-term care facility, chances are good that you paid them a visit over the holidays. Hopefully your experience there was happy and positive, and you were able to spend some valuable quality time with your loved one.

Some of you, however, may have had a different experience. Maybe your relative seemed quiet and withdrawn. Or excessively jumpy. Perhaps you noticed bruises or some other kind of physical harm. Or they were left alone for a surprisingly long period of time.

If you noticed something that seemed wrong, how can you tell if your loved one is experiencing nursing home abuse or neglect?

Nursing homes are where nearly two million Americans live. Unfortunately, reports of abuse and neglect are all too common. Nearly 500,000 cases are reported annually, and many more cases go unreported. If your loved one is being abused or neglected while living in a nursing home, you may notice the following signs, which need to be reported to The Florida Department of Elder Affairs.

The Physical Symptoms of Abuse and Neglect

What you want to look for is changes in your loved one’s appearance and behavior. The best way to keep track of these things is to visit your loved one as often as possible and watch for them.

Physical signs are often the easiest way to know your loved one isn’t receiving proper care, and may indicate sexual abuse.

Watch for:

Bed sores
Infections that have not been treated
Illnesses that have not been reported
Bruises
Blood on clothing or sheets
Falls or fractures
Signs of a head injury: headaches, confusion, dizziness
Stomachaches
Lack of adequate nutrition or hydration
Unkempt or dirty appearance
Restraints that don’t match the situation, or signs of unnecessary restraint
Hazy, unfocused thoughts that may indicate sedation
Medication amounts don’t match with prescription dates

The Emotional Symptoms of Abuse and Neglect

Your loved one may show emotional signs from being hurt or neglected as well. Because of this, it’s important to develop good communication skills. Listen carefully to what your loved one says. If your loved one is avoidant, they may fear retaliation for speaking up.

If you have a sense of wrongdoing, trust your instincts and look for the following signs:

Prolonged crying spells
Sad or depressed mood
Attitude that indicates low self-esteem
Pronounced anxiety
Increase in aggressive behavior
Loss of interest in former favorite activities

The Social Symptoms of Abuse and Neglect

Your loved one may act differently around you, caretakers, or nursing home peers. Watch for these signs, and talk with a doctor or counselor if you notice any of them:

Angry outbursts
Biting other people
Marked criticism of others
Drawing away from touch
Signs of fear around a specific person
Withdrawal or refusal to cooperate

The Signs of Financial Exploitation

If someone is financially exploiting your loved one, these are the signs to watch for:

Missing cash
Large account withdrawals
ATM withdrawals when your loved one is bedridden
Unexplained charges
Sudden financial situation changes
Changes in power of attorney or wills

Related to financial exploitation, sometimes individuals or entities commit fraud using your loved one’s healthcare information. This is what you should watch for to know if fraud has occurred.

Double billing
Too much or not enough medication
Facility problems (see below)
Inadequate care though all bills are paid

The Signs of an Inadequate Facility

At every visit, ask yourself the following questions. Is the staff attentive to resident needs? Is the staff constantly stressed or chaotic, or is no one around? You can prosecute a nursing home for neglect, and the signs make look like this:

Phone ringing with no answer
Unsanitary conditions
High turnover rate of staff
Not enough workers on duty
Questions go unanswered

How You Can Reduce Your Loved One’s Risk

If your loved one has experienced a head injury, stroke, Alzheimer’s disease, or dementia, it may be more difficult to tell if they are being abused or neglected. Also, these conditions predispose them to being targeted for abuse. It’s important to reduce the risks by helping your loved one maintain vibrant social contacts.

You also must be on alert about anyone who offers care, assistance, or friendship to your loved one. Watch nursing home staff members, residents, and other family members. It’s crucial to file a report if you sense something is wrong.

If you can’t regularly visit your loved one, find someone in the area you trust who can. Attentive care is the best way to reduce the risks of abuse or neglect. You may need to relocate your loved one to a new care facility that is more suited to his or her needs.

Reporting Abuse or Neglect

Depending on the situation, you may need to call a long-term care ombudsman, your loved one’s doctor, the police, and possibly a skilled Florida personal injury attorney to stop the abuse or neglect and get your loved one the help they need.

A lawyer with experience in elder abuse cases will be your best advocate and understand how to help you fight to improve your loved one’s situation and hold responsible parties liable for any harm they caused. Learn more by reaching out today for a free, confidential case review.

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The Physical Symptoms of Abuse and Neglect

The Emotional Symptoms of Abuse and Neglect

The Social Symptoms of Abuse and Neglect

The Signs of Financial Exploitation

The Signs of an Inadequate Facility

How You Can Reduce Your Loved One’s Risk

Reporting Abuse or Neglect

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