Articles Posted in Personal Injury

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First, the good news: The risk of becoming seriously ill as a result of an infection from dangerous strains of E. coli or salmonella dropped sharply last year.

But the bad news: Food-borne illness arising from lesser-known infections is on the rise. Specifically of concern are bacteria such as Vibrio and Campylobacter.

That’s according to the U.S. Centers for Disease Control and Prevention, which recently released its “Morbidity and Mortality Weekly Report.” The agency notes food-borne disease represents a substantial and yet mostly preventable health burden on the U.S.

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A woman seriously injured when a train ran off a section of damaged train tracks and into her workplace will have to endure a second trial after a federal appeals court ruled the lower court had not made a proper finding of proximate cause.

In Harris v. Norfolk Southern Railway Co., trial court granted summary judgment to plaintiff on the issue of defendant’s liability, and held a trial only on the issue of damages (denying her the right to seek punitive damages at the outset). Jurors awarded her nearly $3 million for her medical bills, lost wages and pain and suffering.

It had been established the rail company had breached its duty of care in failing to properly inspect and repair that section of track.

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Spectator sports are a year-round form of entertainment here in Florida, whether it’s minor league baseball or hockey tournaments or auto racing. Many parents and students also enjoy attending school sporting events, and for the most part, these events are fun for everyone.

But when a facility fails to protect the safety of its patrons, serious injury can occur. In these instances, it may be appropriate to explore the possibility of a premises liability lawsuit. The relative success of such litigation will depend on a host of factors, not the least of which is whether the facility was privately or publicly owned, and whether it was offered free of charge for recreational purposes.

It may seem a strange consideration, but F.S. 375.251 specifically shields property owners from all but the most egregious forms of negligence when they have made their property available to the public free of charge for recreational purposes. The idea is to encourage landowners to open their property for public use, such as picnicking, hiking, nature study, water skiing, sporting events, motorcycling, pleasure driving, boating, fishing or camping.

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A woman whose silicone breast implants began causing her serious health problems after they were installed 24 years ago will have another chance to bring her claim to trial, after a federal appellate court ruled a genuine issue of material fact remained regarding whether the claim was time-barred.

All states have varying time limits during which injury and wrongful death claims can be filed. There are some situations in which those time limits can be tolled, or wherein the clock doesn’t start ticking until injuries become apparent.

For example in Florida, a products liability action has to be brought within four years from the time of injury. A medical malpractice claim must be brought within two years.

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The Florida Supreme Court has issued a decision that strengthens a defendant’s use of liability waivers in fending off civil litigation. In so doing, the court approved the Fla. 5th District Court of Appeal’s approach and rejected the decisions reached by the First, Second, Third and Fourth District Courts of Appeal.

This is not to say just because an injured person signed a liability waiver – sometimes called a “release” – that the case is a lost cause. However, an injury lawyer will have to deftly argue that point to overcome this challenge even prior to trial.

The courts may still tend to view these waivers with a skeptical eye, but now with the ruling of Sanislo v. Give Kids The World, Inc. these documents may now pose a bigger problem for Florida plaintiffs than before.

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Florida may not have snow or mountains, but vacationers here likely have one thing in common with plaintiffs in an Oregon case alleging staff negligence while snowboarding: Liability waivers.

There are many opportunities for visitors (and locals) in South Florida to engage in fun activities, such as personal watercraft rentals, parasailing, horseback riding, boating, etc. But many companies do require participants to sign a release signing away their right to sue in the event they are injured.

In many instances, courts will respect these signed waivers as a valid legal contract, so long as the signature belongs to someone over 18. However, there are circumstances under which a court may find such an agreement “unconscionable,” and therefore unenforceable – meaning injured party still retains the right to pursue litigation.

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Increasingly, companies and service providers require consumers to sign liability waivers, effectively agreeing to sign away their right to seek recompense should injury result from the activity or service.

In large part, courts have upheld the viability of these documents, considered formal legal contracts. This is why people must be extremely wary in signing these waivers.

However, this does not mean the existence of a waiver completely extinguishes a person’s ability to pursue civil litigation. To start, no waiver protects an entity from liability for an intentional tort or acts of gross negligence. Beyond that, the Florida Supreme Court has held such agreements are only enforceable when intent is “clearly and unequivocally stated.” (University Plaza Shopping Center v. Stewart, Fla. 1973). When the language is over-broad, plaintiff may have grounds to assert the specific dangers of the underlying activity were not apparent or disclosed.

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An unforeseen household accident ended tragically when a Florida man was electrocuted while installing a new dishwasher. According to reports, the 33-year-old victim was killed when his wedding ring came in contact with a live wire. Police in South Daytona said that the man was at his in-laws home helping to install a new dishwasher. The family was preparing to eat when the saw the victim kneeling at the appliance with his left arm extended behind the dishwasher. They noticed that he was turning red and unresponsive. They immediately pulled him away and began CPR before calling 911.

Paramedics responded to the scene and transported the victim to Halifax Health Medical Center where he was later pronounced dead. According to the family, the victim had previously installed and repaired household appliances. Investigators at the scene believe that his wedding ring came in contact with a copper wire. Though the family had turned off most of the power in the room for the installation, it was left on while he reached behind the dishwasher to check on a strange sounds that were coming from behind the new appliance.

Electrocution during home maintenance and repair is not uncommon. According to the Electrical Safety Foundation International, there are more than 100,000 people treated for electrical shock every year in the United States. Death from electrical currents passing through the body can result from fatal effects on the heart, severe burns, and other organ damage. Household wiring was responsible for 11% of electrocution deaths in the United States.

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Parents who use day care services to help with their family responsibilities should be wary of the potential for negligence and abuse. As with any for-profit caretaking business, it is important to screen individual workers as well as the record of the day care facility. A Florida day care owner will face criminal charges after the death of a 16-month-old boy who suffered a catastrophic injury while under her care. A state attorney announced that he plans to charge the day care owner with aggravated child abuse, a criminal charge equivalent to second-degree murder.

According to reports, the 55-year-old defendant operated a day care center from her home in Pensacola. The 16-month old was brought to the hospital after he suffered from injuries consistent with violent shaking or “shaken baby syndrome.” The state attorney is continuing the investigation and plans to present the case to a grand jury to pursue a first-degree murder charge. Given the severity of the case and the level of abuse that resulted in the death of the infant, the case must be brought before a grand jury before murder charges can be filed. If convicted, the nursing home owner could face life in prison.

This is a tragic case of alleged child abuse and abuse by a day care facility that resulted in the severe and catastrophic injuries of the victim. According to statements made by the team of pediatric doctors who treated the infant, they had never seen so much trauma to a child with a head injury. The defendant told investigators that she was at home with the victim and two other four-year-olds. She alleges that one of the other children struck him with a wooden-block. The 55-year-old defendant said that she rocked the baby to sleep and placed him in the crib. When she went back to check on him, he had vomited in his sleep. When she went to clean up the vomit, he began to seizure. She called 911, then phoned the baby’s parents once the ambulance had left. She insists that she did not cause any harm to the child.

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While October isn’t the busiest boating season, warm fall weather means that plenty of boaters, both experienced and inexperienced, will be taking to Florida waters. In a tragic accident, a 29-year-old woman was killed when two boats were involved in a deadly collision. According to the Florida Fish and Wildlife Conservation Commission, the accident involved a 65-foot yacht and a 27-foot boat. Three people fell into the water following the collision and were brought aboard the yacht. All three victims were taken to Mercy Hospital for medical care. In critical condition, the 29-year-old victim was rushed to Jackson Memorial Hospital where she was later pronounced dead.

The deadly boating accident, which occurred near Key Biscayne, has sparked a wide investigation and controversy as operators of both boats await toxicology reports. According to the Florida Fish and Wildlife Conservation Commission, the 27-foot boat was headed south when it collided with the yacht, traveling in a northern direction after 10 o’clock in the evening. The crash occurred on Columbus Day weekend when there were additional officers patrolling the area. They were able to respond quickly when they saw flares shot into the air.

The agency has not determined cause of the accident, but did perform immediate sobriety tests on the operator of the larger boat. He performed a breathalyzer test and also had his blood drawn, but toxicology reports can take weeks. The officers were also investigating whether speed or reckless driving was a cause of the accident. Any accident involving a fatality should be investigated by authorities as well as an independent investigator. In this case, the cause of the accident may include speeding or reckless boating, drinking and boating, driving without a license, violation of Florida boating laws, manufacturing defects, and other causes.

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