3 Types of Defective Product Cases in Florida

3 Types of Defective Product Cases in Florida

by Defective ProductsProduct Liability

3 Types of Defective Product Cases in Florida

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.

 

South Florida Defective Products Lawyers

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.

 

 

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

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

by Nursing Home AbuseNursing Home Neglect

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

 

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

Florida Nursing Home Abuse Lawyer

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

 

Boca Raton Nursing Home Negligence Attorney

 

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.

 

 

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.

Can You Sue in Florida after a Tire Blowout Injury?

Can You Sue in Florida after a Tire Blowout Injury?

by Product Liability

Can You Sue in Florida after a Tire Blowout Injury?

The recent death of a Tampa couple is an example of what might have been a potential product liability lawsuit had they lived.

 

On Thanksgiving Day, Kevin and Michelle Livingston were traveling home from a visit to south Florida. Reports indicate that their sport utility vehicle drove into the waters of a canal along Alligator Alley. The SUV was submerged upside down in 30 feet of water and stuck in four feet of mud. Emergency personnel had to use a winch and cable to pull the vehicle up, but both husband and wife were pronounced dead at the scene.

 

The Florida Highway Patrol reported that the left rear tire tread separated and that was what led to the crash. Brian Livingston, Kevin’s brother, said the SUV was in excellent condition and that Kevin had recently replaced two of the tires.

 

It remains to be seen whether a wrongful death claim will be filed by the families in this case. If they choose to file, they would likely try to hold the tire manufacturer responsible for the accident.

 

How Do Florida Product Liability Cases Work?

 

A product liability lawsuit can be filed to pay for medical expenses, funeral expenses, personal property replacement, repair costs, loss of past and future income, and other economic losses stemming from the auto accident. The lawsuit can apply to negligence, warranty breaches, or failures of design, formulation, manufacturing, installation, or assembly of a product.

 

Tire blowout accidents are common on Florida roadways. A blowout of your own tire or another driver’s tire can cause accidents, injuries, and property damage. Liability in a tire blowout case can be more difficult to determine than in other vehicle accidents. Negligence and/or product liability may be involved, which will complicate the case. An experienced Florida injury attorney can help you navigate the filing terms.

 

If you can prove that the defective tire caused the blowout, you can sue the manufacturer for damages. If you can prove that you were hit by another driver who had a tire blowout, you may be able to sue for both negligence and product liability. Driver negligence will be easier to prove than product liability, which often requires expert testimony.

 

You must file a product liability lawsuit within the statute of limitations. The standard is four years from the original purchase. However, some exceptions may apply under the discovery rule, which begins from the date when the problem should have been discovered.

 

Fort Lauderdale Product Liability Lawyers

 

It is possible to file a claim even if you are partially responsible for the incident. Florida law assigns comparative fault to all parties involved in a product liability case. This means that each party will be held responsible for damages according to percentage of fault, as determined by the court.

 

For example, a judge could hold a driver 50 percent responsible for the maintenance of the tires, and the tire manufacturer 50 percent responsible for the tire product quality. The driver who filed the claim would then only be able to recoup 50 percent of the total damages from the tire manufacturer.

 

Where to Start If You Have Been Injured By a Defective Product

 

If you think you have been injured due to a defective product, don’t hesitate to contact our offices. We’ll look at the details of your situation to determine whether your case has a good chance of obtaining compensation under Florida’s product liability laws. Schedule your free case review 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.

 

A Journey through the History of Personal Injury Law

A Journey through the History of Personal Injury Law

by Personal Injury Lawyer

A Journey through the History of Personal Injury Law

The roots of personal injury law run all the way back to ancient Greek and Roman times, when legal processes were introduced to allow citizens to plead grievances against a guilty party.

 

To help them to present their case, plaintiffs were permitted to enlist the aid of a companion who was knowledgeable about local laws. Although traditionally these early examples of personal injury lawyers were not allowed to accept money for their services, this rule was often overlooked, and was eventually abolished by the 1st century AD.

 

In the centuries that followed the fall of Rome, personal injury lawyers began sprouting up in other nations, and “attorney” came to be a recognized and trusted professional in many cultures. By the 1600s, many civilizations had introduced some sort of legal system that allowed victims to pursue compensation for losses that resulted from the negligence or wrongdoing of another.

 

Early forms of workers compensation claims became slightly more common in the years following the Industrial Revolution, when lawmakers drafted legislation designed to protect workers from powerful corporations.

 

In the 1900s, the case of Donoghue vs. Stenson resulted in important changes to personal injury law, helping to set the stage for personal injury lawsuits as we know them. In the infamous case, the plaintiff, Mrs. Donoghue, became ill after accidentally consuming a dead snail found in the bottom of a bottle of ginger beer. The manufacturer was charged with negligence for failing to uphold safety standards—thus, the principles of common law negligence as we know them took root.

 

Personal Injury Law Today

 

South Florida Personal Injury Lawyer

Personal injury laws have continued to evolve over the last century or so, as new laws are enacted and the different types of injuries facing the modern-day individual grow and change shape. However, the fundamental principles remain the same—when you are harmed by the actions of another, you have a right to fair compensation for the losses you suffer as a result. The purpose of such laws are to hold the guilty party accountable, to help prevent others from being harmed in the same scenario, and to provide the victim with the compensation they need and deserve.

 

Under contemporary personal injury laws, victims seek compensation for a variety of damages, including:

 

Medical costs. This could include past and future bills and expenses for doctor’s appointments, trips to the ER, ambulance rides, and medication.

 

Lost wages. If your injuries prevented you from working, you may be able to recover damages representing the amount of past and future wages you would have earned had you not been injured.

 

Pain and suffering. In many cases, you may be able to obtain compensation for past and future pain caused by your injury. The amount you receive may depend on factors such as the severity and longevity of your injury.

 

Emotional hardship. Similarly, you may be able to pursue compensation for the mental and emotional repercussions of an injury, such as anxiety, grief, shock, and humiliation.

 

Loss of companionship. If a loved one was killed due to the negligence or recklessness of another, you may be able to file a wrongful death claim for loss of companionship, guidance, and comfort.

 

Personal injury laws exist to protect the interests, health, and emotional well-being of all. If you or a loved one was injured or harmed due to the wrongdoing or negligence of another, you should stand up for your right to fair compensation for the grievances you have suffered. Consult with a personal injury lawyer, who can guide you through the legal process with compassion and integrity.

 

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his 22-year 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.

 

August is the Deadliest Month for Drivers in Florida

August is the Deadliest Month for Drivers in Florida

by Auto Accidents

August is the Deadliest Month for Drivers in Florida

With the summer season comes the benefit of drier roadways, increased visibility, and extended daylight hours.

 

Despite the excellent driving conditions, summer is the most common season for auto accidents in Florida according to the DMV, with accidents rates peaking in July and August. Reports found that August in particular sees more fatal car crashes than any other month.

 

So what makes summer such a dangerous season for driving, and what can you do to protect yourself and your loved ones on the road? Below, we’ve explored some of the reasons accident rates skyrocket during the summer.

 

Impaired drivers. Summer afternoons are the perfect occasion to cool off with a frosty beer on a porch with friends. But while enjoying a couple of cold ones in moderation is perfectly fine, a significant danger arises when people who have been drinking decide to get behind the wheel.

 

On any given day during the summer, there tends to be a significantly higher number of alcohol-impaired drivers on Florida roadways than in other seasons. This number only surges during holiday weekends such as the Fourth of July.

 

Out-of-town drivers. Florida is a hotspot for international vacationers and tourists all year long, but the number of out-of-towners increases during the summer when children are out of school. As families flock to our state to soak up rays on the beach and visit our world-renowned theme parks, our roads become more crowded with drivers who are unfamiliar with local roads. Lost, confused, and distracted drivers are more likely to cause of collisions and other accidents than those who are familiar with the road layout and traffic laws of the local area.

 

Boca Raton Bike Accident Lawyer

Cyclists and motorcyclists. During the summer months, many cyclists and motorcyclists take to the road, taking advantage of the dry weather and warm sun. Unfortunately, many drivers in Florida are not always on the lookout for bikes and motorcycles, and fatal accidents involving cyclists and motorcycle riders have become increasingly common.

 

Teen drivers. School is out, which means more teen drivers are free to roam the roads. With more teen drivers comes an increased risk of auto accidents, since teen drivers often have not had the opportunity to fully develop their driving skills in the way that more experienced drivers have. Studies have found that a growing number of teens have admitted to driving under the influence of alcohol, as well as to engaging in distracted driving activities such as texting, adjusting music, or fixing makeup,

 

Tire blowouts. Hot temperatures can cause the air inside tires to expand, causing blowouts in older and more worn-out rubber. Sudden tire blowouts can be shocking and potentially dangerous to drivers, whose first reaction is often to panic. An average of 535 fatalities and 2,300 collisions are caused by blowouts every year, with the bulk of incidents occurring during the hot summer months.

 

Sun and heat. The bright glare of the hot summer sun can blind drivers and cause crashes, while air-conditioners working overtime can cause the engine to overheat. In addition, the summer sun can cause dehydration in drivers during long road trips, leading to fatigue, dizziness, and impaired driving ability that can mean more crashes.

 

Safe Summer Driving Tips

 

Safe Summer Driving Tips

As a driver in Florida, you can promote safer roads while avoiding accidents during the summer months by following these important safe summer driving tips.

 

  1. Don’t drink and drive.

A couple of frozen margaritas or fruity cocktails might not seem like much, but even small amounts of alcohol can affect your driving in a big way. Play it safe by finding another way home if you’ve been drinking, such as a sober friend or public transportation.

 

  1. Don’t drive while tired.

Fatigue can have a tremendous effect on your coordination and ability to concentrate. If you are feeling sleepy, pull over as soon as possible and rest before hitting the road again.

 

  1. Don’t drive while distracted.

Distracted driving is the number one cause of auto accidents in Florida, outranking even drunk driving as the deadliest threat facing our roadways. When you are driving, keep your full attention on the road, and never text, use your cellphone, or adjust GPS or climate controls.

 

  1. Take your car in for a checkup.

A safe and well-maintained vehicle can protect you from preventable breakdowns and collisions, improve vehicle handling, and increase the life of your tires. Be sure to take your car in for routine checkups, especially before going on a long road-trip or traveling out of town for vacation.

 

Of course, accidents can happen to the most responsible and cautious of Florida drivers—especially when other drivers are careless or negligent. If you have been injured in a summer auto accident through no fault of your own, you should consult with an experienced Florida auto accident attorney. Your lawyer may be able to help you hold the at-fault driver accountable for their actions, and pursue a claim for medical bills, lost wages, and overall pain and suffering.

 

6 Alarming Facts You Don’t Know About Bike Accidents in Florida

6 Alarming Facts You Don’t Know About Bike Accidents in Florida

by Bike Accidents

6 Alarming Facts You Don’t Know About Bike Accidents in Florida

The most lethal state in the nation for bicyclists.

 

That’s what reporters from News-Press.Com called Florida in a story that revealed some alarming facts and statistics about bike accidents in Florida. The report dug deep into records of bike crashes in Lee and Collier, two Florida counties that rank highly for fatalities and accidents involving cyclists.

 

Below, we’ve highlighted six disturbing facts about bike accidents and injuries discovered through the study.

 

Many Florida counties see hundreds of bike accidents every year. Last year, Miami topped the list for the most bike crashes and fatalities in Florida, with 985 accidents and 15 deaths. Broward, Hillsborough, and Lee were also high on the list. In the past three years, the number of bike accidents in Collier increased by 40 percent, while in Lee, the accident rate rose almost 71 percent. The skyrocketing bike accident rates may be attributed in part to the increasing number of cyclists on our roads, as more and more residents and tourists are choosing to get around via bicycle.

 

Drivers are twice as likely to be the cause of bike accidents. There has long been contention between cyclists and motorists, with the latter blaming cyclists for disobeying traffic laws and acting as though they “own the road.” However, the study found that drivers are two times as likely to cause a collision. The majority of accidents occur when a driver fails to yield at angles at intersections.

 

Florida drivers are some of the worst in the nation. Florida is lagging behind in terms of implementing road safety legislation, with insufficient laws geared toward impaired drivers and teens, as well as minimal distracted driving rules. Disturbingly, the study found that hit and runs have increased by 50 percent in Lee and 41 percent Collier within the past two years.

 

Drivers in their 20s and 40s pose the biggest threat. Though cyclists and safety advocates alike often point to senior drivers as the biggest threat to cyclists on the road, the study found that seniors are not the cause of the majority of accidents. 20 to 24-year-old drivers are most frequently the cause of bicycle collisions, followed by 45- to 49-year-old drivers.

 

Boca Raton Bike Accident Lawyer

Harassment of cyclists is common in Florida. Pickup trucks in particular have gained notoriety for bullying cyclists, with some drivers intentionally braking or releasing smoke when bikers are behind. Despite this, the study found that passenger cars were involved in the most bike accidents, followed by pickups and SUVs.

 

Drivers who kill cyclists face minimal repercussions. In Florida, the maximum fine a motorist will face after killing a cyclist is $1,000. Currently, Florida lawmakers are pushing a bill that would increase the fine for drivers who harm cyclists.

 

While Florida lawmakers and safety advocates have been enforcing safety measures to protect bikers, state roads remain a dangerous place for riders. If you or a loved one has been injured by a motorist, do not allow the negligent or reckless driver to escape with a slap on the wrist.

 

With the help of an experienced Florida bike accident attorney, you can hold the at-fault driver accountable for their grievous actions, while securing compensation for your medical bills, any lost wages, and other costs related to recovery. By pursuing a bike accident claim, you can raise public awareness to our state’s devastating problem with bike crashes and fatalities.

 

Hurt at Work - What is Third-Party Liability

Hurt at Work: What is Third-Party Liability?

by Work Related Injuries

Hurt at Work - What is Third-Party Liability

When it comes to injuries in the workplace, the legal side of things can be complex. Under Florida law, you are entitle to recover Workers’ compensation benefits if you are injured while working at your place of employment. By accepting workers compensation, you agree to not sue your employer for any carelessness or wrongdoing that caused your injury.

 

But what if someone contributed to your injury that was neither your employer nor your coworker? In this scenario, you may be able to file a third-party negligence claim against the at-fault person or entity.

 

Third party liability is a personal injury claim filed against a party who has little or no connection to your employer’s business. By filing a successful third party liability claim, you may be able to recover compensation in addition to Workers’ comp. benefits.

 

Common Third-Party Liability Accidents in the Workplace

 

Third party liability accidents at the workplace come in many forms and are caused by many different types of individuals and entities. Some of the most common third-party liability accidents in the workplace include:

 

Auto accidents. This is one of the most common examples of third-party liability accidents. Negligent, distracted, or drunk drivers can pose a threat if you often drive as part of your work responsibilities. If you are injured by another driver while driving for your job, you may be able to hold the at-fault driver accountable through a third-party liability claim.

 

South Florida Auto Accident Lawyer

Malfunctioning or defective equipment. Equipment, machinery, or gear can cause serious harm if it malfunctions or breaks. If a defective or malfunctioning product caused you harm, you may be able to file a claim against the manufacturer.

 

Toxic or hazardous substances. Similarly, you may be able to file a claim against a manufacturer if their product exposed you to a toxic or unsafe substance. Additionally, if protective gear failed to protect you properly from exposure to a toxic substance, you may be able to file a claim against the manufacturer of that equipment.

 

Unsafe premises. If you work on a jobsite owned by a third party—such as a construction site—the owner of that property has a duty to provide a safe environment for workers and guests. That includes posting proper signage, installing appropriate safety measures, and providing adequate security. When property owners fail to provide safe conditions for workers, they may be held liable for any resulting harm or injuries suffered on their property.

 

Hazardous structures. Builders, architects, and engineers may be held responsible for poor design or negligent construction supervision if the structure fails. If a floor, wall, scaffolding, or other structural component fails at your jobsite or place of employment, you may be able to hold the supervisors in charge of design or construction accountable for any resulting injuries.

 

Third-party workers. Third-party workers could include contractors, subcontractors, and employees from other companies that work on or near your jobsite. If such employees fail to follow safety protocols or other appropriate procedures, their carelessness can cause you harm. In this scenario, you may be able to file a case against their company of employment, since employers are often liable for the misconduct of their employees.

 

If You Have Been Injured at Work

 

It can be incredibly stressful to be injured at your place of employment, since you may be left with costly medical bills and lost wages in addition to the pain you suffer. Unfortunately, it’s not always easy to get the compensation you need.

 

Boca Raton Work Injury Attorney

If you have been injured while on the job, be sure to talk to a personal injury lawyer about your right to file a third-party liability claim. Workers’ compensation is limited, and may not be sufficient to cover all of your medical bills, recovery-related expenses, and overall pain and suffering. If your injury was caused by the negligence of someone other than your employer or coworker, you have a right to seek additional compensation in the form of a third party liability suit. By filing such a claim, you may be able to hold the third party or parties responsible for the harm they’ve caused, and recover adequate compensation to heal and move on with your life.

 

A Florida personal injury lawyer with experience in Workers’ rights can help you determine what parties may be held responsible for your workplace injury. Your attorney will be able to evaluate your unique situation through thorough investigation into any existing third-party negligence, and using his or her unique understanding of laws regarding injuries in the workplace. With a talented attorney on your side, you are in a better position to obtain the compensation you deserve.

 

Are Waterparks Safe

Are Waterparks Safe?

by Children Injuries & AccidentsPremises Liability

Are Waterparks Safe

When it comes to fun in the water, Florida has most other states beat. Not only do we boast some of the country’s most beautiful beaches and lush lakes, we are home to some of the world’s most renowned waterparks.

 

Abounding with towering slides, colorful fountains, and lazy rivers, waterparks can be the perfect place to cool down on a steaming hot summer afternoon. However, like all recreational activities, visiting a waterpark does come with its share of risks and dangers.

 

Fortunately, the vast majority of waterpark accidents and injuries can be avoided for visitors who are informed and prepared. Below, we’ve listed some of the most common examples of waterpark accidents and injuries, along with preventative measures you can take to avoid them.

 

  1. Drownings

Florida sees more drownings among children under the age of five than any other state. Children can drown in minutes in less than two inches of water, so the risk of drowning is present in even the shallowest wading pool. Throw massive waterslides and crowded wave pools into the mix, and the risk of drowning only heightens. To make matters worse, most waterparks are staffed by teens who are unqualified to supervise children or save lives.

 

What you can do: Always watch children closely—a good rule of thumb is to keep them in arm’s length of you at all times. Even if there are lifeguards or ride attendants present, remember that these personnel are responsible for the care of hundreds of patrons, and may not be able to take notice or act quick enough to prevent a tragedy.

 

  1. Slip and falls

In a venue where splashing, spraying, and giant cannonballs are encouraged, you can be certain that the floors are going to get a little slippery. Slipping and falling can be particularly dangerous in a waterpark, where floors are often hard concrete or tile. The risk of slip and fall accidents only increase when negligent staff fail to clean up splashes in a timely manner.

 

What you can do: Encourage your kids to walk slowly and carefully, while teaching them never to run under any circumstances. If you spot any dangerous spills or splashes, alert a staff member immediately.

 

  1. Sunburn

You may be well aware of the importance of applying sunscreen before prolonged sun exposure. But what you may not have considered is the importance of wearing sunscreen even while visiting an indoor waterpark. Indoor waterparks often have roofs designed to allow sunshine in, which can result in unexpected and painful burns.

 

Boca Raton Premises Liability Lawyer

What you can do: Whether you are visiting an indoor or outdoor waterpark, you should apply sunscreen to yourself and your children at least 15 minutes before entering the water. You should continue to reapply sunscreen every three to four hours.

 

  1. Waterborne Illness

Recent outbreaks of waterborne illnesses at waterparks have raised some concerns about the safety of these venues. Cryptosporidium, E.coli, and giardia often lurk in the deceptively blue pools and attractions at waterparks, causing unwanted symptoms such as diarrhea and vomiting.

 

What you can do: Discourage your children from swallowing the water or exposing their buttocks to the spray of water, since this can make them more vulnerable to germs and illnesses. Always shower or bathe before going in the water to help control the spread of illness yourself.

 

While you can work to prevent waterpark accidents among you and your children, you cannot eliminate the risk of harm if waterpark management or staff are negligent, or if attractions are not properly constructed, maintained, and inspected. If you, a family member, or someone you care about has been injured at a waterpark due to the negligence of another, contact a top Florida personal injury attorney.  Your attorney can help you hold the guilty party accountable for their actions, and secure compensation for medical bills, recovery costs, and overall pain and suffering.

 

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his 22-year 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.

 

Safe Phone Zones Spring Up to Combat Distracted Driving

Safe Phone Zones Spring Up to Combat Distracted Driving

by Auto AccidentsDistracted Driving

Safe Phone Zones Spring Up to Combat Distracted Driving

Drunk driving. Dangerous road design. Inclement weather.

 

These are some of the common causes of auto accidents on Florida roadways. But of all of the hazards that threaten Florida roadways, distracted driving has proven to be the most dangerous.

 

According to some studies, drivers who are talking on their phones while driving show greater signs of impairment than drunk drivers. Research has also shown that the accident rate for drivers who are using their cellphone is higher than for drivers who have a blood alcohol content of .08 percent.

 

Distracted driving accidents have risen 25 percent in the last three years, with thousands of texting-while-driving accidents alone occurring annually. As distracted driving accidents in Florida continue to skyrocket, lawmakers are stepping in.

 

In 2013, state officials voted to make texting while driving a secondary non-criminal traffic offense. However, this law on its own has proven to be ineffective, since it only covers the act of texting and not looking at the screen or having a conversation on the phone. It is also a difficult rule to enforce, since in order to be pulled over legally, drivers must have already violated some other traffic law.

 

That’s why the Florida Department of Transportation has taken an additional step to combat distracted driving in our state. Earlier this month, the FDOT launched a campaign to establish 64 “Safe Phone Zones” in rest areas, welcome centers, and turnpike service plazas across the state. You can view a map of current Safe Phone Zone locations here. Campaigns like these are not uncommon, and have been met with varying levels of success, but this one is interesting for a number of reasons.

 

Large blue highway signs have been placed along Florida roads, leading drivers to these Safe Phone Zones. Within Safe Phone facilities, signs remind drivers to take the chance to use their phones in a safe location. As the FDOT Assistant Secretary for Engineering and Operations explained in a press release, “By calling our rest areas, welcome centers, and service plazas ‘Safe Phone Zones’, we are saying they are much more than just rest stops—they are safe stops.”

 

The Limitations of Safe Phone Zones

 

The launch of Safe Phone Zones across our state will hopefully encourage drivers to pull over to a safe location before answering a text or making a call on their phones. However, while phones may represent one of the deadliest driving distractions, they are hardly the only ones.

 

One glaring issue with Safe Phone Zones is they fail to address major driving distractions beyond cell phone usage, including:

 

Smoking activities. Smoking, lighting a cigarette, and ashing a cigarette can all serve as both cognitive and physical distractions when driving, yet thousands of Florida drivers smoke while driving on a daily basis.

 

Adjusting music and climate control systems. In the seconds it takes to adjust music or climate control systems, motor vehicles can travel a great distance, and drivers can end up making a deadly error.

 

Florida Distracted Driving Lawyer

Eating and drinking. While fast food restaurants and American culture alike may encourage eating and drinking in our cars, drivers who use their vehicle as a dining room can cause serious, often fatal accidents.

 

Passengers. According to some studies, as much as five percent of distracted driving fatalities involve a driver who was talking to or looking at another passenger.

 

Outside objects. Sights, sounds, and activities going on outside of our cars can be distracting too. Seven percent of distracted driving accidents occurred when drivers were looking at on outside object, such as a billboard or post-wreck cleanup.

 

Being lost in thought. More than half of all fatal distracted driving accidents are attributed to being “lost in thought” or thinking of things other than the driving task at hand, making it one of the most dangerous types of distracted driving behaviors.

 

In order to put a stop to distracted driving in our community, it’s important to recognize and address all types of distracted driving behaviors. While setting up Safe Phone Zones to discourage cell phone usage when driving is a powerful first step, it is only the beginning of our state’s journey to distracted driving-free roadways.

 

Boca Raton Distracted Driving Attorney

As a driver, you can help reduce distracted driving accidents by remaining aware of your own driving behaviors. Anything that takes your full attention from driving—whether it be texting, singing along to the radio, or sipping a smoothie—could lead to an accident, and should be postponed until your vehicle has come to a full stop.

 

And if you have been a victim of a distracted driving accident, you can raise awareness of our state’s serious distracted driving problem by holding the driver accountable in an auto accident claim. Talk to a knowledgeable auto accident attorney to learn how you can take a stand against distracted driving in Florida, while seeking compensation for medical bills, lost wages, and other costs related to recovery.

 

Boca Raton DUI Accident Attorney

How to Recognize an Intoxicated Driver

by DUI Accidents

Though you yourself may be a skilled, responsible, and cautious driver, there will always be other dangerous drivers on Florida roadways that threaten the safety of you and your family.

 

As a driver, you can reduce the risk of serious auto accident by abiding by traffic laws and abstaining from drinking and driving. But how do you protect yourself if another driver on your commute is drunk or otherwise intoxicated? What about when the very laws that are supposed to protect you actually help people drive drunk?

 

You can avoid becoming a victim of a DUI accident by remaining vigilant while driving, and keeping an eye out for these common signs of intoxication among other drivers:

 

Swerving. You can often identify a drunk driver by the way they veer in and out of lanes. Oftentimes, drunk drivers swerve because their perception of distance is impaired and their ability to focus is challenged.

 

Making overly wide turns. Similarly, drunk drivers often exaggerate turns and other basic maneuvers because their distance perception is impaired.

 

Straddling the lane divide. You may notice that drunk drivers stay very close to the center lane divider in order to try and avoid veering off the road.

 

Braking erratically. Drinking will cause a driver’s reaction time to slow, so it’s not uncommon to see intoxicated drivers brake erratically in delayed response to a traffic signal, object, or other car.

 

Driving unnecessarily slow. Drunk drivers will often drive 10 mph below the speed limit in an attempt to be cautious and avoid notice.

 

Tailgating. You may notice that drunk drivers will follow other vehicles closely, hoping to straighten out their own driving by imitating others.

 

Signaling inconsistently. Drunk drivers often fail to signal or use signals that are inconsistent with their actions—for instance, signaling a left turn but turning right.

 

Neglecting to use headlights. In their drunken haze, intoxicated drivers may fail to dim their brights or neglect to use their headlights entirely at night.

 

Striking or almost striking an object, curb, or other car.  Drunk drivers often suffer from blurred vision, hindered reaction time, and drowsiness, making them more prone to collide into curbs and other objects.

 

Driving on the wrong side of the road. Drunk drivers may drive on the wrong side of the road or on the shoulder, or turn the wrong way down a one-way street without even realizing their error.

 

What to Do if You Spot a Drunk Driver

 

Boca Raton DUI Accident Attorney

So what do you do if you spot a drunk driver and believe that your own safety might be jeopardized? To keep you and your family out of harm’s way, follow the steps below if you spot a drunk driver on the road:

 

  1. Distance yourself as much as possible from the vehicle of the driver you believe is drunk.
  2. Do not attempt to pass the suspected drunk driver’s vehicle.
  3. Note their license plate number and vehicle make, model, and color. But remember—do not endanger yourself while trying to collect this information.
  4. Pull over and report the suspected impaired driver to the police. Provide officers with the vehicle’s location and the direction of travel. Describe the vehicle and the driver’s behavior.

 

If you do become a victim of a drunk driving accident despite your own efforts to avoid it, contact a DUI accident attorney as soon as possible. A skilled attorney can help you obtain compensation for medical bills, lost wages, and overall pain and suffering. By holding the drunk driver accountable, you and your attorney can work to prevent drunk driving accidents from happening in the future.

 

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his 22-year 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.