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Are Waterparks Safe?

June 22, 2015

by South Florida Injury Law Firm Children Injuries & Accidents Premises Liability

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.

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.

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.

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.

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.

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

June 16, 2015

by South Florida Injury Law Firm Auto Accidents 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.

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.

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.

How to Recognize an Intoxicated Driver

June 10, 2015

by South Florida Injury Law Firm 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

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:

Distance yourself as much as possible from the vehicle of the driver you believe is drunk.
Do not attempt to pass the suspected drunk driver’s vehicle.
Note their license plate number and vehicle make, model, and color. But remember—do not endanger yourself while trying to collect this information.
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:

5 Ways Kids Can Get Hurt in the Summer

June 2, 2015

by South Florida Injury Law Firm Children Injuries & Accidents

As the days grows longer and the weather turns warmer, youngsters’ thoughts begin drifting towards waterparks, camping trips, and sleepovers with friends. Few imagine their summers will involve a trip to the emergency room.

Regrettably, emergency room trips are all too common during the summer months, when the national number of hospital visits rises. Children in particular are vulnerable to injuries during the summer months, when time off of school allows kids to spend more time outside playing and getting into mischief.

According to a study from Safe Kids Worldwide, unintentional injury is the number one killer of kids in the US, with more than 2,000 youngsters dying every summer from preventable injuries.

However, this does not mean that parents should keep their kids shuttered up in the house while the temperature skyrockets. If you are a parent, you can keep your child safe this summer by actively supervising them when they engage in summertime activities and keeping an eye out for safety risks. Watch out for these five common ways kids can get hurt during the summer.

Drowning. While swimming is an excellent form of both exercise and recreation for youngsters, children are at a high risk of drowning when left unsupervised in the water. In the US, drowning is a leading cause of unintentional death among kids ages 1 to 14. During the summer, the risk of drowning increases more than any other type of unintentional injury.

To ensure your child’s safety, always keep a careful eye on your child when near a pool, lake, ocean, or other body of water. You should always be within arm’s reach of your child in the water, ready to snatch him or her up in the event of a strong current, undertow, or other dangerous condition. Enroll your children in swimming lessons at a young age, and outfit the entire family in life jackets when boating or swimming in open bodies of water. If your home has a pool, install a four-sided isolation fence to keep unsupervised children from falling in, and install anti-entrapment drain devices to prevent drain entanglement and entrapment.

Bicycle injuries. Aside from automobiles, bicycles are involved in more injuries among young children than any other consumer product. In the summer, bike-related child injuries and fatalities increase an estimated 45 percent. Nearly half of all children hospitalized for bike injuries are diagnosed with traumatic brain injury. Other wheeled sports, such as skateboarding and roller skating, are also common causes of injury.

As a parent, you can help to protect your child from biking injuries by outfitting your child in a helmet and appropriate protective gear every time they bike or skate. Teach your child about road safety, instructing them on hand signals and traffic rules. Make sure your child’s bicycle is the proper size, and regularly check the bike to ensure all parts are working correctly.

Burns. The risk of burns increases among young children around camp fires, barbeques, and fireworks. Younger children are also more likely to suffer burns from hot food and water.

Never leave your child unsupervised around an open flame or hot appliance. Maintain all the smoke alarms in your home, and use stove-guards to prevent curious hands from suffering burns. Discuss a fire emergency plan with your family, ensuring that your children are aware of escape procedures and a family meeting point in the event of an incident.

Falls. Year-round, falls cause more injuries among kids than any other type of accident. During the summer, the risk of falls increases, as children spend more time in playgrounds, parks, and decks. For young children, open windows can also create a serious risk.

As a parent, you can help prevent fall-related child accidents by keeping a close eye on your child on the playground, sports field, and balconies. To avoid window-related falls, install safety guards and keep furniture away from windows.

Motor vehicle accidents. In the US, auto accidents are the most common cause of death among children aged 3 to 14. In addition to crashes, children can get hurt and injured when playing in parking lots and driveways, or when left unattended in hot vehicles.

You can help keep your child passenger safe by correctly installing and using an age- and size-appropriate car seat. If your child is older, you should stress the importance of seatbelts and wait until everyone is buckled up before beginning your ride. Keep an eye on your child and discourage horseplay in parking lots and driveways, and never leave your kid unattended in your car.

However, even the most responsible and vigilant parent cannot eliminate the risk of accidents and injuries for their child entirely. If your child is injured this summer due to another’s negligence, consult with a knowledgeable personal injury attorney with experience in child injuries. With the help of an attorney, you can hold the guilty party responsible and work to prevent similar accidents from harming children in the future.

About the Author:

Everything You Need To Know About Florida Wrongful Death Claims

Wrongful Death Versus Survival Action

May 25, 2015

by South Florida Injury Law Firm Wrongful Death

The death of a loved one is traumatic and devastating experience— regardless of the cause. However, the ordeal can be especially upsetting if the death could have been avoided had it not been for the negligent actions of another.

In Florida, surviving family members and loved ones may be able to recover compensation for the damages, pain, and suffering associated with an injured party’s death. Typically, there are two different types of claims you can file after the death of a loved one—wrongful death and survival action.

Though wrongful death and survival action claims are sometimes confused, there are several key distinctions.

Wrongful death claims. A wrongful death claim occurs when a person dies as a direct result of another’s reckless, intentional, or negligent conduct. Since the victim is unable to file a claim against the responsible party, certain family members can file a wrongful death claim for emotional grief and other damages suffered. Under Florida’s wrongful death act, the deceased party’s surviving spouses, parents, or children can recover compensation for damages such as loss of financial or parental support, loss of household assistance, and funeral expenses.

In awarding damages in wrongful death cases, the jury will consider factors such as relationship to the deceased party, the value of the decedent’s probable net income, and the replacement value of the deceased party’s services to the survivor.

Survival action claims. Alternatively, the surviving family may choose to file a survival action claim after the death of an injured party. Effectively, a survival action claim is an extension of an already existing legal claim that was already being sought prior to the injured party’s death. Unlike a wrongful death claim, a survival action claim does not identify the death as the direct result of the injury for which damages are sought.

Instead, a survival action claim seeks to recover damages for the substantial pain and suffering the injured party suffered before their death. Damages for survival claims include compensation that the deceased party would have been able to recover had he or she not died before filing a personal injury claim. This could include loss of income, medical expenses, and overall pain and suffering before the time of death. In order to determine the amount of damages owed, the courts may look to factors such as the severity of pain, the duration of suffering, and the apprehension of impending death.

Let’s take a look at a couple of examples. Imagine Mary was involved in a slip-and-fall accident in a supermarket due to a slippery floor. Mary hit her head in the fall, and died two weeks later due to the traumatic brain injury she suffered as a result of the fall. In this scenario, Mary’s surviving spouse, children, or parents could file a wrongful death claim against the supermarket for the losses they suffered as a result of Mary’s death.

Alternatively, let’s say Mary survived her trip-and-fall accident with a broken hip and some nasty bruises. Mary filed a claim against the supermarket to recover compensation for her medical expenses, lost wages, and overall pain and suffering. However, before the claim was resolved, Mary was struck by a car and killed. In this situation, Mary’s surviving family could pursue a survival action claim against the supermarket to recover the compensation Mary would have been able to recover had she survived.

Typically, Florida courts require you to choose between seeking a wrongful death or survival action claim. Talk to a Florida attorney with experience in wrongful death to determine the best option for your unique situation. With the help of a compassionate and experienced attorney, you can pursue the justice the decedent deserved and the compensation you need.

Tips to Stay Safe When Boating This Summer

May 19, 2015

by South Florida Injury Law Firm Uncategorized

Being a resident of the Sunshine State comes with its fair share of perks.

Floridians enjoy warm, balmy weather nearly year-round, as well as access to some of the world’s most renowned theme parks. We also boast some of the most beautiful coasts and diverse waterways in our state, making Florida a paradise for swimmers, sunbathers, and millions of boaters.

As the weather grows warmer and the days grow longer, many Floridians are taking their own yachts, kayaks, sailboats, and jet skis out to the water, or renting watercrafts from our state’s countless boating businesses. Whether you own a boat or plan on renting one, boating in Florida is unparalleled summer activity in terms of relaxation and recreation—that is, if undertaken with certain safety measures in mind.

Every year, there are an estimated 700 fatalities involving recreational boating accidents in our country, the vast majority of which occur during the summer. Oftentimes, these accidents can be avoided by taking simple safety precautions.

If you are a Florida resident or visitor planning on boating this summer season, here are some important tips for keeping you and your passengers safe.

Wear a lifejacket. The Coast Guard estimates that as many as 90 percent of drowning victims were not wearing a personal flotation device, while many of the remaining 10 percent were wearing ineffective models. Whether you go out on a yacht, kayak, or other type of watercraft, it is imperative that the operator and each and every passenger wears a properly fitting life jacket—regardless of how strong a swimmer you are.

There are many factors out on the open water that can make swimming more difficult than usual, including the temperature of the water and the strength of the current. In addition, if you are knocked unconscious by a boat, paddle, or other object, your swimming skills can’t help you.

Stay sober. Boating under the influence of alcohol and other drugs is both illegal and highly dangerous. Every year, drunk boating is directly responsible for more than 17 percent of all recreational boating fatalities. Although public opinion isn’t as harsh on boating under the influence as it is driving under the influence, drinking and boating is just as dangerous as drinking and driving—perhaps even more so. Boaters often experience a phenomenon known as “boater’s fatigue,” where the combination of noise, vibration, wind, and glare effects a boater in a similar way as alcohol and drugs. Boat operators and passengers who suffer from boater’s fatigue may become disorientated, dizzy, and sleepy—when combined with the effects of alcohol, these symptoms can lead to deadly accidents.

Mind the weather. You should always check the weather forecast before going boating, and reschedule trips if heavy winds, rain, or storms are predicted. If you are out on the water and notice gathering clouds, darkening skies, and distant signs of thunder and lightning, return to shore immediately. If this is not possible, go below, or crouch down in the middle of the boat for the duration of the storm.

Bring along appropriate gear. Particularly if you are boating out in the ocean, it’s very important to outfit your boat with appropriate gear and supplies, including sufficient fuel and life buoys. It’s also a good idea to bring a VHF marine radio. Your cellphone may not be very useful in the case of an emergency out on the water, where coverage is often spotty and electronics can get damaged.

Take a safety course. Whether you own a boat or rent one, you and your family can benefit greatly from a boater’s safety course. Such courses can familiarize you with your boat, build your operating and maneuvering skills, and prepare you to handle emergencies.

What to Do if You are in a Boating Accident

In the event of a boating accident, a solid plan of action could save the lives of you and your passengers. If you find yourself in the frightening position of being involved in a boating accident, follow these steps:

Check to see if anyone onboard has been injured or needs medical attention.
Call the Coast Guard and alert them of the accident, describing the incident and severity of damage with as much detail as possible.
Check to see if the passengers of the other vessel need attention or assistance.

Once you are safely back on land, you should get the name, contact information, and insurance information of all boat operators involved in the crash. If possible, take pictures of the damage and any injuries you or your passengers have sustained. If you suffered bodily injuries or other damages as a result of a boating accident, you may be entitled to compensation for your losses. Contact a skilled boat accident attorney if Florida to begin taking the necessary steps towards justice and compensation for medical bills, lost wages, and other costs related to recovery.

Avoid Traffic (and an Accident) With These Apps

May 12, 2015

by South Florida Injury Law Firm Auto Accidents

Ask anyone to come up with a list of their least favorite things, and “traffic” is likely to rank highly—perhaps just behind “tax season” and a few spots higher than “paper cuts.”

Few drivers will argue that the congested roadways in Florida aren’t frustrating, inconvenient, and stressful. But did you know that heavy traffic can also be very dangerous?

In heavy traffic, it’s common for drivers to lose their patience and begin to drive recklessly. Even if you manage to keep your cool in traffic, the reckless drivers around you may jeopardize your safety. Frustrated drivers are far more likely to change lanes quickly and carelessly, ignore warning signals, and disregard the rights of other drivers. Reckless drivers frequently drive too close to other vehicles, or drive in bicycle lanes and on road shoulders in an exasperated attempt to get to their destination quicker.

When there are reckless or aggressive drivers on congested roadways, the likelihood of serious auto accidents increases. That’s why it can be a good idea for both your schedule and safety to avoid traffic whenever possible.

Here’s the good news: today, there are a variety of mobile phone apps specifically designed to help drivers avoid traffic and plan safer, faster commutes. Below, we’ve listed apps that will help you get from point A to point B without hitting heavy traffic or falling victim to an auto accident.

Waze Social GPS, Maps & Traffic. Waze is a community-based traffic and navigation app, which displays real-time traffic information provided by other users nearby. Users can update the app with useful information and alerts on road conditions, including info on hazards, gas prices, police check points, and accidents.

Price: Free

iTraffic. The iTraffic app provides drivers with highly accurate, up-to-date traffic information on their iPhones. The app automatically generates the best routes to take based on live traffic conditions, constantly updating routes to avoid any jams that occur while you are on your journey.

Price: $1.99

PD Maps Worldwide Edition. This straightforward app provides a turn-by-turn map navigation system using maps from eight different providers, including Google Maps, Yahoo! Local, and Microsoft Bing Maps. You can see real-time traffic information, and easily route and re-route your journey with the touch of a button.

Price: Free

Beat the Traffic. Beat the Traffic can help you plan a speedier route with real-time information on traffic, accidents, and other potential driving problems personalized to your route.

Price: Free

Traffic Updates. With Traffic Updates, you are able to see delays in traffic and other updates on an interactive map. You can also see different travel times and estimated delays for various routes.

Price: $.99

MyLiveTraffic. This is a collaborative app that uses real-time reports of traffic congestion across the world. The app displays visual information on route congestion overlays, warnings, and other important alerts.

Price: $1.99

Of course, it’s important to remember to access apps and plan routes before starting your drive, and refrain from using your cellphone while on the road. Cellphone usage on the highways can actually cause traffic jams, in addition to increasing the likelihood of serious, fatal accidents.

When used at the proper times, traffic apps can help you plan a safer, speedier, and smoother route. But if you do find yourself victimized in a serious auto accident caused by a reckless driver in a traffic jam, you should call a Florida accident attorney. With the help of an attorney, you can hold reckless drivers accountable for the accident, and obtain compensation for medical bills and other costs related to recovery.

Important Lessons from Distracted Driving Awareness Month

April 28, 2015

by South Florida Injury Law Firm Distracted Driving

Though Distracted Driving Awareness Month is drawing to a close, the campaign’s message holds true any month of the year.

As the Department of Highway Safety and Motor Vehicles (DHSMV) and the Florida Department of Transportation (FDOT) reminded us during their distracted driving awareness campaign this month, distracted driving is incredibly dangerous.

In Florida, distracted driving is a leading cause of auto accidents. According to recent reports, distracted driving accidents in Florida have risen 25 percent in the last three years. Studies have found that teens are responsible for an average of 12 percent of accidents, while drivers aged 20 – 29 account for an average of 31 percent of distracted driving accidents in Florida.

As director of Florida Highway Patrol Col. David Brierton explained in a press release from Florida Highway Safety and Motor Vehicles, “If you are not 100 percent focused, then you’re not 100 percent driving.”

Driving distractions come in many forms, including visual, manual, and cognitive. Common examples of distracted driving include texting, operating a GPS system, and daydreaming.

To help fight distracted driving in Florida this April and beyond, we’ve compiled a list of rules for avoiding distracted driving practices. Even though Distracted Driving Awareness Month is ending, these rules should be diligently adhered to throughout the year.

Switch off your phone. For many drivers, the buzz of a message or the hum of a call sparks an irresistible urge to check their phone. But in the seconds it takes to remove your eyes from the road and glance at a message, road signs, approaching cars, and other obstacles can be missed. When this happens, dangerous accidents occur.

Plan ahead. If you know you are going to need to use a GPS navigation system during your trip, be sure to plug in coordinates ahead of time. Set the air-conditioning or heat controls on a comfortable level, and pick a playlists or a CD before starting to drive.

Pull over. Sometimes during drives, you may need to answer an important phone call or find directions for a new location. When this happens, find a safe parking space or lot and pull over. The brief moment it takes to pull over can end up saving you from causing a crash.

Save the snacks and drinks for later. With so many fast food restaurants offering drive-through windows in Florida, it often feels like we are being encouraged to eat in our car. But eating or drinking while driving can be incredibly distracting. When you pause to unwrap a granola bar, take a sip of coffee, or clean up a spill, your attention is not where it should be—on the road and the drivers around you.

Be mindful of passenger distractions. Studies have found that many distracted driving accidents occur when there are passengers in the car. Young children, unrestrained pets, and chatty passengers can be very distracting to drivers—be mindful of this, and don’t be afraid to politely request to postpone conversations for after the drive.

Hold distracted drivers accountable. You can help raise public awareness of Florida’s serious distracted driving problem by holding distracted drivers accountable. After falling victim to a distracted driving accident, contact a Florida auto accident attorney. An experienced attorney can explain your options, assist you in filing a claim, and ensure your voice is heard. If it becomes necessary to go to court, your attorney can help you defend your right to just compensation and speak out against distracted driving in our community.

When Are Hotels Liable for Accidents and Injuries?

April 21, 2015

by South Florida Injury Law Firm Hotel Accidents

Millions of tourists flock to Florida each year, seeking sunshine, beaches, and adventures in some of the world’s most beloved theme parks. After a day spent swimming with dolphins and riding roller coasters, vacationers head to their hotel for rest and relaxation.

Once vacationers are back amid the fluffy pillows, sleek décor, and luxurious facilities of their hotels, few imagine that they are in danger of injury and harm. However, while most hotels are designed to provide guests with a secure, restful, and comfortable experience, accidents and injuries do happen frequently on the premises of Florida hotels.

Hotels have a responsibility to protect their guests and visitors. Under Florida law, hotel owners and operators must keep the hotel premises—including rooms, lobbies, spas, pools, and restaurants—in safe condition. When hotel management fails to live up to this standard, accidents and injuries can occur.

Below, we’ve listed some of the most common accidents that occur because of dangerous conditions or staff negligence in a hotel.

Slip-and-falls. Hotel owners have a responsibility to maintain the safety of all walkways and eliminate dangerous conditions. Wet floors, worn carpeting, and cracked and uneven flooring can cause slip-and-fall accidents. These types of accidents are particularly dangerous in pool areas, where falling guests may hit their head on concrete and suffer traumatic brain injury.

Food poisoning. Unrefrigerated, under-cooked, and contaminated ingredients can poison room service and hotel restaurant dishes. Hotel operators have a duty to comply with approved food handling and sanitation measures to avoid transferring harmful bacteria to their guests.

Bedbug bites. When hotels do not maintain the cleanliness of mattresses, pillows, and furniture, the likelihood of a bedbug infestation increases. In the event of infestation, hotels have a responsibility to employ proper pest control measures. If they fail to eradicate bedbugs, hotel guests may suffer painful bites, and could unknowingly carry bedbugs home with them in their clothes and luggage. Once bedbugs infest a private home, it can be incredibly expensive to eradicate them.

Drowning. Drownings and other swimming pool accidents may occur in hotel pools if management fails to train staff to prevent such disasters, and if pool, hot tub, and waterslide conditions are unsafe.

Burns. There are a variety of unsafe conditions that can cause burns for hotel guests, including water thermostats that are set to high and broken irons.

Assaults. Guests often drop their guard and relax in hotels, making them more vulnerable targets for violent crimes such as assault and robberies. Hotel owners endanger their guests if there are inadequate security issues in their hotels, such as insufficient lighting, faulty locks, and a lack of security cameras and staff.

Holding a Hotel Accountable

Under Florida law, hotels may be held liable if you were injured or harmed in any way due to unsafe conditions. However, you bear the legal burden of proof to demonstrate that the hotel knew or should have known of the condition and fixed it. For instance, if you can show that the hotel neglected to recognize a dangerous condition because management failed to appropriately maintain and inspect the premises, the hotel may be held liable for any injuries you suffer as a result

To successfully hold a hotel accountable for your injury in a personal injury claim, you must meet the burden of proof by showing sufficient evidence. That’s why it’s important to take the appropriate steps after falling victim to an injury at a hotel.

Alert the hotel. Contact the hotel manager as soon as possible to alert them of your injury and the dangerous condition. This way, they can secure medical assistance for you and address the danger to prevent harm to other guests.

Seek medical attention. Even if you believe your injuries are minor, it’s important to seek medical attention immediately. Prompt medical treatment is important for your physical well-being and the strength of your case, and medical records will provide valuable evidence of the harm you suffered. Whenever possible, secure copies of medical bills, prescription receipts, and other treatment-related costs.

Contact an attorney. It can be difficult to hold a hotel liable for your injury, even if it was caused by blatant negligence. Hotels are often owned by large, multinational corporations and backed by a team of top lawyers. That’s why it’s important to enlist the aid of your own attorney, ideally one who is experienced in Florida hotel injury cases. An experienced attorney will understand Florida’s complex personal injury laws, and gather evidence, find witnesses, and file an insurance claim. And if it becomes necessary to court, your lawyer can fight to for your right to be compensated for medical costs, lost wages, and overall pain and suffering.

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Who Can Be Held Liable for Defective Products?

April 15, 2015

by South Florida Injury Law Firm Product Liability

As a consumer, you place a great deal of trust in the products you buy and the companies that produce them. It is not uncommon for a person to find one brand of a particular product and stick with it, essentially forming a relationship with that brand because it has proven itself time and time again. But what happens when the brands or products that we know and love—and trust—let us down?

Recently, Kraft recalled 6.5 million boxes of Mac and Cheese after consumers reported finding shards of metal in the boxes. A few months ago, a woman in Texas reported that she bit into a metal object while eating M&Ms. Unfortunately these are not isolated incidents. Accidents like these do happen from time to time, even from major companies like Kraft and Mars. But should major companies bear all the blame themselves?

If you have suffered in any way as a result of a defective product, you need to know that there are more parties involved than you may think.

Product Defects: Who is to Blame?

Generally, we think of defective products as corporations’ problems. If a consumer finds bits of metal in a box of Mac and Cheese, most people’s minds will jump first to Kraft, the company behind the product. But what about the store where the product was purchased? And what about the distributor that supplied the product to the store? Can these parties—or others—be held accountable? Yes, they can.

In fact, any party that is involved with a product before the product reaches the consumer can be held liable for a defective product. Typically, there are three parties who could be to blame:

The manufacturer
The wholesaler
The distributor

All of these parties can be equally liable in a defective product case. By selling their products, each of the above parties either explicitly or implicitly ensures the consumer that the product is safe and ready for use. If any supposedly safe product results in your harm or bodily injury, each or all of these three parties has essentially let down their end of the deal.

Receiving Compensation

A defective product claim may fall under one of three categories:

Strict product liability, where a plaintiff does not need to prove direct negligence on the part of the manufacturer or seller but must only show that a certain product was defective
Negligence, where the consumer must prove that he or she sustained harm as a result of a product failing to operate as it was supposed to
Breach of warranty, where a consumer can show that a certain product performed in a way that went against its stated or implied warranty

Each of these categories comes with a number of nuances and details, all of which a knowledgeable attorney will be able to discuss with you in detail.

In a product liability case, it’s important to remember that your case is not about choosing one party to deem responsible and bear the brunt of the blame and all the associated consequences. On the contrary, it is simply about holding responsible parties accountable. To ensure that you receive the compensation that you deserve and to ensure that the responsible parties improve their practices for the future, it is imperative that you take action.

If you have experienced a defective product that has caused you harm in any way, you deserve justice. Contact the lawyers at The South Florida Injury Law Firm today to start fighting for the compensation that you deserve.