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

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

by Personal Injury LawyerSlip and FallSt. Patrick's Day

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

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.

 

Personal INjury Lawyers in Boca Raton

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.

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.

 

Boca Raton Personal Injury Laweyer

Is the Personal Injury Stigma Stopping You from Fighting?

by Personal Injury Lawyer

Boca Raton Personal Injury Laweyer
Does seeing a personal injury ad on TV make you suspicious? Maybe the face of a lawyer on a billboard makes you cringe. If you’re hesitant to trust personal injury attorneys, it’s okay—you’re not the only one. Unfortunately, personal injury law is often one of the most stigmatized areas of legal practice, and personal injury attorneys are sometimes considered conniving thieves who only have their own best interests in mind.

 

But as anyone who has been injured in a personal injury case can attest, personal injury is a legitimate and very serious area of law that requires finesse and capability, and personal injury lawyers—as hard as it might be to believe—really do have the public’s best interest at heart.

 

What is Personal Injury Law?

 

Personal injury law refers to the legal disputes that arise after somebody suffers an injury as a result of someone else’s misconduct. Personal injury cases are some of the more common cases that people see or hear about, but this is simply because there are so many opportunities for individuals to be injured at the hands of others. Some injuries that may be eligible for personal injury lawsuits include those that result from:

 

 

The specific damages that qualify as “personal injuries” are just as numerous. In fact, personal injury damages can include such a wide array of grievances that it’s almost impossible to list them all. Some of the more common injuries include:

 

 

It is important to understand that the prevalence of personal injury cases in no way detracts from their severity. Personal injury cases are serious and require the utmost respect and professionalism when dealing with them.

 

West Palm Beach Personal Injury Lawyer

The Secret Lives of Personal Injury Lawyers

 

Sure, there is a lot of negative propaganda out there about personal injury layers. But the fact is that lawyers like myself and others do a lot of good that the public does not always see.

 

As BizJournals recently pointed out, it was a personal injury lawsuit that is credited with exposing the ignition switch issue that resulted in the major GM automobile recall in 2014. Had it not been for that one personal injury case that was held following the death of a victim, the issue might not have been brought to light at all and many more deaths may have resulted.

 

In fact, personal injury lawyers are often to thank for major recalls like this, and we contribute to consumer safety in a number of other ways as well.

 

  • Providing a system of checks and balances for major (and not-so-major) corporations.
  • Giving companies an extra incentive to move forward with product improvements such as better-quality safety belts and airbags in cars and the placement of warning labels on potentially dangerous products.

 

It would be nice if businesses did these things out of the kindness of their hearts, but it’s just not true. Most of the time, these changes only come about following successful legal proceedings in which lawyers fight tirelessly to defend their clients.

 

In cases like these, when personal injury lawyers are going up against huge corporations with mammoth legal teams on their sides, they need to fight vigorously and often to the point of exhaustion. However, the lawyers’ determination and belief in their clients’ claims push them forward. Personal injury lawyers put it all on the line not only so that their own clients receive the compensation and recognition that they deserve, but also so that major corporations must make necessary changes to make their products safer for everybody. Without these lawyers’ resolve, major corporations may never be held accountable.

 

South Florida Personal Injury Lawyer

Don’t Hold Yourself Back

 

Do not let other people’s negative portrayals of personal injury lawyers stop you from getting the defense that you deserve. The truth is that personal injury lawyers are here to protect you and will do everything it takes to make sure that your voice is heard and your suffering does not go unnoticed.

 

By failing to equip yourself with a smart attorney, you are allowing a negligent individual (or company) to evade responsibility for something that they should not be allowed to get away with. Responsible persons should be held accountable for their mistakes, especially if those mistakes cost you your or your family your peace of mind.

 

If you’ve been injured as a result of someone else’s negligence, defend yourself. Don’t let negative media portrayal of personal injury lawyers prevent you from fighting for what you deserve. Contact a knowledgeable personal injury lawyer today.

 

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.

 

Watch Out for Holiday Dangers at Stores

Watch Out for Holiday Dangers at Stores

by Personal Injury Lawyer

Watch Out for Holiday Dangers at Stores
Anyone who has gone to the mall on a Friday evening knows how dreadful and even downright threating the crowds can be—groups of teenagers everywhere, 20-somethings plowing through the crowds to grab the latest fashions for the weekend, parents shopping for whatever relatives have birthdays or parties coming up.

 

But now that holiday season is in full swing, running the mall gauntlet is riskier than ever. At this time of year, it’s important for consumers and storeowners alike to remember that stores are responsible for the safety of their shoppers—if accidents happen on company property, the storeowner or manager could be held accountable.

 

Problems to Look Out For

 

During the holidays, the decorative lengths that some stores will go to for the sake of festivity can sometimes be outright hazardous. Because of this, shoppers should be on their guard even more than usual, and should look out for potentially dangerous situations. Some of these situations include:

 

Crowds. Of course, there are always crowds in malls and stores. Around the holidays, though, the crowds are bigger, stronger, and more excitable than at any other time of the year. With so many people crammed into such small spaces, it can be easy for consumers to become disoriented and wind up injured. In addition to being hazardous in and of themselves, crowds can be distracting and can divert peoples’ attention away from other potential hazards in the store.

 

Boca Raton Slip and Fall Lawyer

Potential for slips and falls. Around the holidays, the risks of slip and fall accidents seem to be everywhere. Decorations that some stores place on their floors (e.g., confetti or fake snow) can make floors more slippery and therefore more dangerous. Furthermore, winter weather can sometimes lead to slippery patches on steps or in doorways, which can be extremely risky.

 

Oversized displays. Certain stores seize the opportunity presented by the holiday season to go above-and-beyond with decorations like giant Christmas trees, oversized menorahs, or enormous “Happy Holidays!” signs spanning entire ceilings. Often, these decorations can be delightful for shoppers and store employees alike—they can be beautiful, fun, and fill shoppers with holiday spirit. But as nice as they are, they can be dangerous as well. If decorations are improperly rigged or positioned incorrectly, they can cause injury to shoppers.

 

Given all the potential hazards that surround shoppers during the holiday season, it’s important for customers to always be aware of their surroundings and remain on their guard.

 

What If You’re Injured in a Store?

 

“Duty of care” laws state that retail stores are required to take all possible measures (within reason) to ensure that their customers are kept safe. In the unfortunate event that you sustain injuries in a store, this means that storeowners or managers can be held accountable.

 

If you are injured in a retail store and decide to take legal action against the storeowner, the first step will be to prove negligence.  To do so, you must prove that the following elements were in place:

 

  1. Your injuries were caused by dangerous conditions in the store
  2. The store was aware, or should have been aware, of these conditions
  3. The store acted negligently in addressing these dangerous conditions
  4. Your injuries were not your own fault
  5. Your injuries were caused as a direct result of the store’s dangerous conditions
  6. Your injuries are legitimate

 

Because of the complexities of going to legal battle with stores, store owners, or corporations, it’s always best to consult with a qualified lawyer before taking any action.

 

Of course, it is best to try to avoid these dangerous situations entirely. While perusing stores this holiday season, remember to use caution. Wear shoes that are easy to walk in, be careful when navigating through the crowds, be on the lookout for potentially unsafe areas that might be slippery, and stay away from decorations that look dangerous, like overly large signs or displays that could fall.

 

Boca Raton Accident Injury Claim Compensation

Sometimes, though, no matter how careful you are, accidents can find you—even during the holidays and even at major retail stores where things are supposed to be safe and welcoming. Remember that all retailers are responsible for the safety of their shoppers.

 

If you sustain an injury as a result of a storeowner’s negligence, don’t just assume that the business will do the right thing and pay for your medical expenses while taking steps to ensure something like this doesn’t happen again. Make sure that others are protected and you get the justice you deserve by contacting a qualified legal professional at The South Florida Injury Law Firm as soon as possible.

 

Transportation Workers: Most Exposed to Injury and Death

by Auto AccidentsPersonal Injury Lawyer

A report from the National Highway Traffic Safety Administration reveals that auto accidents kill more than 40,000 people every year in the United States. Among them, people who drive for a living – truckers, school bus drivers, and cab drivers – are the most exposed to injury and death. Here we take a look at some alarming statistics regarding fatal work injuries caused by transportation incidents.

 

Personal Injury

New PIP Rules Limit Help Injury Victims Can Get

by Personal Injury Lawyer

Personal Injury

A few months ago in Florida, accident victims and their advocates were dealt a depressing blow when a group of businesspeople fighting the state’s new PIP laws lost in court. What kind of blow? Not only do those who suffer injuries in car crashes now have fewer options regarding where and how they get medical help, they’ll have less money to do so and be subject to strict rules about providing proof and acting within thenarrow time limits.

 

In order to understand the changes and why they’re bad for regular Floridians, first you have to know what PIP is, what it’s supposed to do, and what it actually does.

 

PIP Stands for Personal Injury Protection

 

Florida is one of only 12 states that require PIP insurance for drivers, and there are plenty of good reasons why the law isn’t more widespread. What is personal injury protection insurance? While it sounds like something that would be great for drivers (you won’t have to worry if you get hurt in an accident!), in reality the law is a sort of Band-Aid for states that have decided to make accidents “no-fault.” Basically, no-fault means what it sounds like – if you are in an accident with another driver, neither one of you will be held responsible for the crash, even if the blame clearly lies with one party.

 

The unfortunate side-effect of having a no-fault law is that when people are injured in a motor vehicle accident, they can’t expect to receive compensation from the other driver’s insurance unless they’re willing to take them to court. But because it can take months – or even longer – to go through the process of suing someone, that left victims footing the bill for their injuries or getting worse if they couldn’t afford treatment.

 

Florida’s PIP law, originally written in the ‘70s, requires motorists to purchases medical insurance as part of their car insurance plan. This allowed them to seek help immediately, but also led to all kinds of fraud. Lawmakers have been trying to fix the problem for decades, but instead of simply getting rid of PIP, they keep altering the law.

 

Over time, it’s evolved into something that’s less about making sure victims get the help they need and more about protecting insurance companies.

 

Latest PIP Rules Hurt Everyone Except Insurers

 

Personal Injury1
The most recent changes to PIP were supposed to go into effect in January of 2013, but a group of businesspeople filed a lawsuit to prevent them from becoming law. Unfortunately, they lost their suit this past October, and we’ve had to live with the repercussions ever since. Just a few of the changes that hurt regular Floridians include:

 

  • Less money for your injuries – Under the old rules everyone had up to $10,000 for medical problems, but now that’s limited to only the most serious injuries; most people will only be allowed up to $2,500.
  • Fewer options for care – Hurt your back or neck in an accident and want to see a massage therapist? Hope you’re willing to pay out of your own pocket, because PIP no longer covers those services or those of acupuncturists.
  • Less time, but more requirements – If you don’t seek medical help within 14 days of your accident but later notice a problem, the insurance company doesn’t have to pay anything. However, you can’t file an injury claim until you’ve gotten a statement from a doctor “proving” you need help.

 

The only good news from all of this is that the judgment against the acupuncturists and massage therapists practically begs an accident victim to file a similar lawsuit, because the court verdict seemed to imply that they would be on better legal grounds to fight the law. But until some enterprising lawyer finds a client willing to make this argument, injury victims are going to have to rely on compensation from injury lawsuits more than ever.

 

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.

Product Claims

Know Your Case: Types of Defective Product Claims

by Personal Injury Lawyer

Product Claims

Manufacturers are responsible for ensuring that their products are safe for consumers to use, and when an accident due to a defective product or a negligent manufacturer occurs, consumers are well within their rights to file a lawsuit.

 

Defective product lawsuits fall into several distinct categories. If you or a loved one has been harmed by a defective product, it’s important that you talk to an experienced personal injury attorney to determine what kind of case you have on your hands and how you should proceed. This area of personal injury law can be complex and going up against a big corporation or manufacturer can be intimidating, so you need to have a clear idea of what the manufacturer is responsible for in order to make the best possible case.

 

Here’s a brief look at the three general categories of defective product liability claims.

 

Failure to Provide Adequate Instructions or Warnings

 

In this type of case, a product may be dangerous to consumers if used in a certain way, but that danger isn’t apparent to the consumer without instructions or warnings. The clothing chain Ross recently got into hot water with the Consumer Product Safety Commission over this very issue.

 

Ross paid a $3.9 million fine for selling children’s jackets and sweatshirts with drawstrings that were a potential choking hazard. This settlement came about after Ross failed to add a warning or make their children’s clothing safer following an earlier penalty from the commission.

 

Defectively Designed Products

 

This is probably the kind of case we hear about most often. A defectively designed product is one that is inherently dangerous based on the manufacturer’s design specification. Defectively designed products are not just one item on the shelf that has some kind of error— it’s an entire product line. When a manufacturer releases a widely-used product that proves to be dangerous to users, recalls and lawsuits are likely to follow.

 

One recent case that’s been making headlines involves the health care giant Johnson & Johnson. The company recalled 93,000 hip implants after discovering that 12% fail in 5 years or even cause complications. While they have already paid out to insurance companies to cover the cost of removing the implants, they may face more lawsuits in the future if patients who were unable to remove the hip implant discover that the product fails and endangers them.

 

Defectively Manufactured Products

 

injury attorney

This is somewhat similar to the last category, but there’s an important distinction. Defectively manufactured products may have been designed safely, but somehow made unsafe during the construction process. This means that individual products can be responsible for an accident or injury rather than the entire product line. For example, a manufacturing error in specific lots of some of Plum Organics’ baby food products caused various illnesses among children and a mass recall.

 

While we’d like to think that the products we purchase have been thoroughly tested and couldn’t possibly harm us, injuries due to product defects or manufacturer negligence happen every day.

 

If you or a loved one is harmed because of a defective product, you should first seek the medical attention you need, then contact a personal injury attorney who has ample experience with these types of cases. We need to hold manufacturers accountable in order to prevent unnecessary accidents in the future.