Construction cranes of high-rise residential buildings in the big city, view of the evening sky

Crane Accidents and Construction Injuries

by Children Injuries & AccidentsConstruction AccidentsHurricane Property DamageInsurance ClaimsParking Lot AccidentsPersonal InjuryPersonal Injury ClaimsPersonal Injury Law SuitPersonal Injury LawyerPremises LiabilityProperty DamageWork Related InjuriesWorkers CompWrongful Death

Crane Accidents and Construction Injuries 1 Premises Liability South Florida Injury Law Firm

 

Imagine sleeping soundly in bed and then a loud crashing crane comes through your roof.
It was a scene that happened this week in North Miami Beach, where a crane that was being used to repair a seawall slid off a barge and struck the roof of a condominium building.

“I was very lucky because that crane was in front of my apartment two days ago.” said by C. Spetsiotas, a resident of the condo.

 

Eight units of the building are now off-limits while structural engineers assess the safety of the building. The U.S. Coast Guard is also investigating, along with OSHA

Crane accidents have happened in the past, with unfortunately worse outcomes. In Hallandale Beach, a 27 year old was killed when a crane toppled over.  One man died and two others were left injured in Hollywood when the scaffolding collapsed.

 

Causes of Construction Accidents

 

Florida construction sites are littered with hazards at every turn. To execute dangerous tasks that these projects require, heavy construction equipment and tools are used, many of which are performed at great heights and under extremely hazardous conditions.

Although federal and state laws that require employers to maintain a safe workplace, some do not. There are instances where contractors take shortcuts to turnaround projects faster and reduce expenses, posing a risk to people who work on the sites and the local pedestrians.

 

Some common causes of construction accidents include:

 

  • Cranes, ladders and fixtures falling from buildings and walls
  • Toxic substance exposure
  • Defective construction and tool equipment
  • Improper use of equipment
  • Improper or insufficient training
  • Misuse of tools and other equipment
  • Poor safety precautions and oversight

 

 

Construction Site Safety and Your Rights

Crane Accidents and Construction Injuries 3 Premises Liability South Florida Injury Law Firm

Safety measures on construction sites are supposed to be followed by the Occupational Safety and Health Administration (OSHA) standards.  There are clear standards for cranes, crane operations, crane training, fall protection, scaffolding, ladders, hazard communication, machinery, and many other aspects of a construction site project and operations. A party’s failure to abide by OSHA standards may be evidence of negligence if that failure caused an accident.

If you or someone you know have suffered any construction related injuries, or others that are not listed, compensation may be awarded and should contact our experienced Florida construction accident lawyers at South Florida Injury Law Firm today to discuss your legal options with our Free Case Review

Also, you may be entitled to recover more money than a workers’ compensation claim alone could provide. You may also have claims for medical bills, pain and suffering, permanent limitations and past and future lost earnings.

Because of the numerous contractors, subcontractors and other parties often involved in construction sites, it can be difficult to determine exactly who should be held responsible for your injuries or the death of a loved one.

 

 

 

Types of Available Compensation

 

Workers’ Compensation
Almost every employer is required to carry workers’ compensation insurance. These benefits can help an injured worker cover medical expenses and lost wages and are available to a worker regardless of the circumstances surrounding an accident that causes injury.

 

Personal Injury
Although a worker cannot file an injury lawsuit against their employer, it may be possible to file a claim against a third party whose negligent actions led to your injury. A personal injury claim is also available to non-workers who are injured on a construction site.

 

Product Liability
If a defective product caused your injuries, it may be possible to bring a claim against the manufacturer, retailer or wholesaler of that product.

 

Wrongful Death
If you have lost a loved one in a construction accident, you may be entitled to file a wrongful death lawsuit seeking compensation for your loss.

 

 

Construction Related Accident and Injury Help

 

With decades of experience handling these types of complex cases, our South Florida Injury Law Firm construction accident lawyers have the skills and the resources needed to conduct a thorough investigation. You can rely on us to put your interests first and will work to help you recover the maximum compensation you are entitled.

 

Schedule a free consultation by calling (954) 488-JEFF (Fort Lauderdale), (954) 488-JEFF (Boca Raton & West Palm Beach), or 877-566-8759 (toll-free). You can also fill out this online form to set up your case evaluation. We’re a dedicated team of personal injury lawyers who work on a contingency basis and will take your calls at any time, on any day of the week.

You Fell and Got Hurt at a Club on New Year's – Can You Sue in Florida?

You Fell and Got Hurt at a Club on New Year’s – Can You Sue in Florida?

by Premises LiabilitySlip and Fall

You Fell and Got Hurt at a Club on New Year's – Can You Sue in Florida?

For many people, the last night of the year is the most fun. You dress up, get together with all of your friends, have some booze, hit the clubs, and ring in the new year.

What happens when your New Year’s Eve isn’t so fun, though?

We’re not just talking about hangovers. Sticky floors, spilled drinks, and low lights can be a recipe for disaster. If you slipped and fell at a club while celebrating New Year’s this holiday, you may be facing more than just a headache at the beginning of 2019.

Slip and fall cases are some of the most common premise liability cases in the field of personal injury law. How do the rules of slip and fall lawsuits apply to accidents that occur in nightclubs and other places that pose greater risks? Let’s explore.

Florida Slip and Fall Lawsuits: The Basics

Before we talk about nightclubs specifically, let’s zoom out. What does a Floridian need to file a lawsuit against any property where they slipped and fell?

Duty: Property owners owe a certain duty to keep visitors or patrons safe. Mall owners have a duty to maintain the walkways, parking lots, stairwells, and so on. Grocery stores and restaurants need to make sure spills are cleaned up quickly.

Breach of Duty: The next step is to prove that the defendant neglected to fulfill their duties. In many slip and fall cases, the defendant saw a hazard (a spilled drink, uneven floors) and simply ignored it. This hazard created an unsafe environment for patrons.

Injury: In order for the plaintiff to win their case, they will have to prove that the breach of duty (and therefore, the defendant’s neglect) is what caused their injury. In other words, you would need to show that your slip and fall due to the wet floor resulted in your injuries rather than them coming from somewhere else.

 

South Florida Slip and Fall Lawyer

Damages: It’s not enough to get injured. You also need to be able to prove that your injuries resulted in financial losses for you, or damages. For example, you can receive compensation for medical bills and loss of income if you are able to show that they were due to the injury.

How Slip and Fall Injuries Work in a Florida Nightclub

In broad daylight, it’s easy for employees or property owners to recognize a hazard and take appropriate action. In a dark, crowded nightclub, though, how are staff able to recognize every time a drink spills and rush to clean it up?

Florida courts take into consideration the fact that property owners and employees have a duty to their patrons within reason. It is probably unreasonable to argue that a nightclub owner should clean up every spill throughout the night within moments of them occurring. However, it should be reasonable for nightclub owners to enforce rules that prevent slip and fall hazards.

This is what happened in Feris v. Club Country of Fort Walton Beach. In this case, a patron filed a lawsuit after they slipped and fell on the dance floor. The defendant won the case “because there was circumstantial evidence of “active” negligence by employees of the premises (i.e., not enforcing the rule against allowing drinks on the dance floor), a recurrence of spills on the dance floor, and the existence of liquid on the floor for a sufficient amount of time.”

In plain English, the club had a rule that patrons could not bring drinks on the dance floor. This rule was put in place to keep patrons from slipping, falling, and hurting themselves. However, negligence occurred when the staff saw patrons breaking the rules and did nothing about it. By ignoring those rules, the employees put patrons at risk and breached their duty to keep everyone safe.

This is not the only case when victims can sue for negligence. If, for example, you fell down a flight of broken stairs at a club, you would likely be able to file a lawsuit. Likewise, if the club failed to warn patrons that the floor would be sticky after a “foam party,” you might be able to file a lawsuit.

What to Do If You Want to Win Your Florida Slip and Fall Lawsuit

Now that you know you can sue, the question becomes: what next?

Likely you will want the experience and knowledge of a good Florida personal injury lawyer. Before you even contact them, though, there are things you can and should do.

Boca Raton Slip and Fall Injury Attorney

Make sure you seek medical attention for your injuries as soon as possible. Collect as much information as you can about the night and the specifics of the situation. Seek out witnesses and other evidence (maybe someone took a video on their smartphone).

The more you can prove, the likely you are to win your case and get yourself the compensation you need and deserve.

 

 

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for the South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

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.