Articles Posted in Premise Liability

When a spouse is injured or killed as a result of negligence, spouses and in some cases other dependents are granted the opportunity to seek compensation for loss of services from their loved one in the form of a claim for loss of consortium.

Beyond the marital sexual relationship, what is argued is the loss of companionship, help with household responsibilities and sometimes loss of income by the spouse, due to having to care for the injured party.

Our Hollywood personal injury lawyers know that historically, Florida juries haven’t awarded huge sums for loss of consortium. However, there have been exceptions in cases where an argument is fully-developed and presented at trial that the injury resulted in impact to a previously-thriving marriage has been devastating and irreversible.
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Stories about elevator accidents reaffirm some people’s severe elevator phobias — horrible incidents that can happen anywhere, including elevator accidents in Sunrise. Last month’s elevator accident stories from New York have some people worried about what can happen if an elevator fails to operate properly. In recent New York stories, a woman was crushed and killed while riding a public elevator, according to MCNBC.

“It was horrible and I felt bad about her but in my mind it was just another confirmation as to why I don’t like elevators,” says a reader of the latest MSNBC elevator accident article.

Our Sunrise elevator accident attorneys understand that both city and federal officials are investigating the freak elevator accident that took the life of an advertising executive. The woman was killed when the elevator malfunctioned. It happened as the lift suddenly shot up, crushing her between floors of the Manhattan offices of the ad agency Young and Rubicam. Freak accidents like this can happen at any moment. Residents are urged to be cautious while riding these devices. Elevators are to be properly maintained and inspected by officials in an attempt to stop these accidents before they happen. That, unfortunately, is not always the case.

Officials are looking into a power surge as the cause of the recent elevator accident. Although officials say that your chances of being in one of these accidents is “a billion to one,” the truth of the matter is that you face some serious risks for accidents on elevators when they’re not properly maintained. Yes, this accident may have been rare, but there are other types of accidents that happen more often than you might think.
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Transel Elevator Inc. is the company responsible for maintaining this elevator and several others in nearby buildings. It’s undergoing an investigation to help ensure no more of these catastrophic accidents occur.

Transel was reportedly working on the elevator the day before the accident occurred, but still kept it open for public service.

To help keep you safe, consider following these few elevator safety tips:

-Stay alert. Know when the car arrives at your floor.

-Stand clear of doors when they’re opening or closing.

-If the car is full, wait for the next one. Don’t overcrowd an elevator.

-Don’t try to alter the movement of the car’s doors.

-In the event of a fire or another type of emergency, use the stairs.

-Never get on an elevator when the floor of the car isn’t level with the floor you’re standing on.

-Board the car and step to the back to allow room for other riders.

-Always grab the handrail or stand near a wall.

-Exit immediately when you’ve arrived at your floor. Do not wait for others.

-Keep moving once you’ve exited. Don’t block the exit for other passengers.
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As cooler months approach, it will soon be time for Floridians to take the chill off by turning on the heat in your home, office or business. Since the heat doesn’t get used often, it’s a good idea to have the wiring and furnace inspected to make sure everything is in working order. Businesses and landlords have an obligation to the safety of renters and patrons to reduce the risk of fire-related accidents in Margate, Pembroke Pines, Coral Springs or elsewhere in Florida.

Port St. Lucie injury lawyers know that fires can cause a tremendous about of damage, not to mention severe or fatal injury if a person can’t escape in time. Fatalities caused by fires or burns are the third most common type of fatal home injury.

The Florida Fire Marshal’s Office reports that the daily average for residential fires in Florida is 209. Most fire accident victims die from toxic gases or smoke inhalation, not severe burns. The most common causes of residential fires are related to kitchen fires, faulty wiring, a smoldering cigarette being carelessly left somewhere, children left unsupervised to play with matches or lighter, and leaving a heating unit unattended. A vast majority of Florida residents killed in fires are ages 40 and over. Failing to install or maintain an operative smoke detector is a common occurrence in more than half of the homes that catch on fire.

A Home Fire Safety checklist can help prevent a fire before it starts or detect any hazards that could lead to a fire. Some items that should be checked periodically include:

-Check for frayed or loose wires or cords on appliances or heating units.

-Make sure outlets have surge protectors and are not overloaded with cords.

-If you notice an unusual smell or see a spark, consult a professional immediately.

-Conduct an annual inspection on the furnace or heating unit.

-Never use a light bulb over the maximum wattage instructed by the light or lamp manufacturer.

-Always keep the fireplace covered with a screen, even after you think the fire has died out. Ashes and embers smolder much longer than you may think, and can cause a rug or carpet to ignite rather quickly.

Most fires can be prevented by placing a smoke detector with operable batteries on each level of the home, office or business. Also having a fire escape route can reduce the amount of smoke inhalation or burn injuries a person can incur if he or she exits the building quickly. Sprinkler systems are a good investment for homeowners, apartment buildings or businesses because they can often detect and expedite putting out a fire before it gets out of hand.

Fire-related accidents can start and spread quickly so being proactive is the best step to take in order to reduce the risk of severe burn injuries or smoke inhalation caused by a fire outbreak. In 2009, approximately 3,200 deaths occurred from accidents involving smoke and flames, which was the sixth leading cause of death in the United States. The National Safety Council, Amerex and First Alert are offering tips to prevent fires from starting in the home or office.
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In our Spring Break 2011 series we have been reporting on topics like distracted driving, alcohol-related accidents, and teen driving accidents. The fourth topic in our series is premises liability injuries, which are a serious danger for students and families who are visiting Florida for Spring Break. Owners of resorts, hotels, restaurants and night clubs have a responsibility to keep their patrons safe and free from personal injury accidents in Miami, Fort Lauderdale or elsewhere in the state.

The Fort Lauderdale personal injury attorneys at Freeman, Mallard, Sharp & Gonzalez understand the many circumstances that may result in the owner of a business or property being held liable for injuries sustained in an accident.

Due to the high volume of people vacationing during a small time frame, hotels, local businesses and restaurants may have a difficult time keeping up with safety issues. A few examples of accidents that may occur and could be considered negligent are slip and falls, pool injuries, elevator or escalator injuries, blockage of the fire escape, or balcony collapse.

These types of accidents can often lead to broken bones, spinal cord injuries or head trauma. Owners and managers have an obligation to maintain all areas of their property, as well as any rental equipment, in order to keep serious injuries or fatalities from happening.

The following are safety tips for patrons to use to avoid personal injury on Spring Break:

-When checking into the hotel, take note of all emergency exits and stairwells so you know their proximity in location to your room, pool, restaurant, or areas most occupied.

-When dining at local establishments, stay away from areas that are freshly mopped or under construction.

-Alert property management if maintenance issues are detected on escalators and elevators. Take the steps when possible to avoid entrapment.

-If the hotel pool or local beach is overly crowded, pick a less populated area. If this isn’t possible, come back at a later time.

-When renting equipment, make sure someone on staff checks the equipment and properly trains anyone intending to use the equipment.

It is recommended that hotels, local businesses and night clubs keep their properties safe by providing the following safety to patrons:

-Enhance security by placing several guards throughout the property during the weeks of Spring Break from March to mid-April.

-Maintain all areas of your property. Place signage for any areas under construction or maintenance, or being cleaned (bathrooms and lobbies).

-Rental equipment should be maintained and functioning properly with routine safety checks.

-Have one or more lifeguards on duty during peak times.

-Never serve alcohol to underage teens.
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It was supposed to be a birthday celebration, instead five Haitian-born teens, friends since childhood, were found dead in their Hialeah motel room by a maid just days after Christmas.

The Miami-Dade medical examiner ruled the South Florida deaths accidental, the Miami Herald reports. Our Fort Lauderdale personal injury lawyers note carbon monoxide is believed to have been responsible. We are in the midst of what passes for winter in South Florida. And it has been colder than usual. When hotels, apartment buildings and businesses fail to ensure heating equipment is properly functioning, property owners can and should be held responsible when injury or death results.

According to the Daily Mail, the boys checked into the $62-a-night hotel room around 9 p.m. on Sun., Dec. 26, 2010 and were discovered at 2 p.m. the next day. The boys, aged 16 to 19, had just completed a fiction-based independent film project depicting life in Little Haiti.

The young men borrowed a car from a friend to make the trip. Some time after their arrival at the hotel they found the car battery dead and got a jump from a friend. Fearing the car wouldn’t start again, they decided to let the motor run. Deadly carbon monoxide gas from the car exhaust found a pathway through an opened garage door and seeped into the hotel room above. The car was still running the next day when ambulance and law enforcement arrived to investigate. No drugs or alcohol are believed to be involved.

One friend of the victims told the Miami Herald that the hotel room was “sealed shut like an aircraft” and wondered why there appeared to be no ventilation ducts, which could have prevented the tragedy.

As we have noted in a prior post to our South Florida Injury Lawyers blog, property owners and manufacturers have an obligation to tenants, guests and consumers to ensure a safe experience and environment.

As of 2007, the Miami Herald reports, Florida law requires that gas detectors be installed in boiler rooms at hotels and motels. Residential buildings that hold a fireplace or heater or have an attached garage were required to have a detector installed within 10 feet of bedrooms by July, 2008. Police are now investigating whether the hotel was negligent in installing detectors.

According to the Mayo Clinic, carbon monoxide is tasteless, odorless and colorless. Because of this, victims of carbon monoxide poisoning are often overcome without warning. Once inhaled, the gas attaches to hemoglobin in red blood cells and blocks the body’s ability to absorb oxygen. Because it is nearly impossible to detect, it is known as a silent killer estimated to be responsible for 450 deaths and more than 50,000 emergency room visits each year, the American Lung Association reports.

The ALA indicates that all levels of carbon monoxide intoxication resemble flu or food poisoning symptoms – headache, nausea and weakness. At regular low-level exposure, victims can suffer lasting cognitive and physical problems. High-level exposure can render a victim unconscious, and often causes death if the victim is not quickly discovered, removed from the intoxication site, and treated.

Whether you are a renter, homeowner or property manager, making sure that fuel-burning stoves or appliances are located in a well-ventilated area can be a life saver. So can installing a carbon monoxide detector and regular maintenance of ventilation systems and gas-burning appliances.
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