South Florida Injury Lawyers Blog

Published on: June 25, 2017

Filing Slip-and-Fall Cases in Orlando

According to a recent news report from the Florida Record, a woman has just filed a lawsuit against a major big box retailer for an alleged slip-and-fall accident. The incident listed in the complaint is alleged to have occurred in at a store in Orlando, Florida. The store manager and the corporation were listed as defendants in this Orlando personal injury lawsuit.

Specifically, plaintiff alleges she slipped and fell while shopping at the store. She further alleged she slipped on what she is calling a transitory foreign substance that was on the floor. The basis for negligence is that store employees, and ultimately store management, failed to clean up the transitory substance in a timely manner or place warning placards on the floor, and this is what caused her accident. Continue reading →

Published on: June 20, 2017

Personal Injury to Student Athletes in South Florida

By Dean Freeman

A traumatic brain injury, or “TBI” as they are often called, can be deadly. Even in cases where they are not fatal, they can substantially alter the quality of life of victim. It can cost hundreds of thousands of dollars over the course of a victim’s life to treat and rehabilitate the victim, and other family members may need to stop working to take care of their loved one who has suffered a traumatic brain injury. When that happens to a high school student who is at such a relatively young age, the effects on the victim and his or her family can be hard to imagine.

This is one of the reasons that, when calculating damages in a personal injury lawsuit involving a young victim, we must make sure that the cost of future medical treatment and rehabilitation is included in the demand. This is the demand we ask of the defendant, his or her insurance company, and possibly a jury, should the case go to trial. Continue reading →

Published on: June 13, 2017

Fireworks Safety and Personal Injury Lawsuits

By Dean Freeman

One of the great things about the summer in Florida is all of the amazing fireworks demonstrations. However, while there are beautiful professional pyrotechnics displays, many choose to buy fireworks and have their own backyard (or middle on the street) displays on the Fourth of July and many other days surrounding the holiday.

While this can be fun, when a person chooses to light their own fireworks displays, there is much a greater chance someone will be hurt, and these often are the result of negligence, gross negligence, or even a willful and wanton disregard for the safety of others. Continue reading →

Published on: June 13, 2017

Premises Liability in South Florida Personal Injury Cases

By Dean Freeman

In Florida, if you get injured on someone else’s property, whether it is a private home or a business frequented by the general public, the law that controls whether the property owner is liable is known as premises liability law. The basic rule is that a land owner will be liable to an injured guest in many situations, but it depends on the reason plaintiff was on the property at the time of the accident.

At common law, and still today, there is a distinction between licensees and invitees. A Licensee is someone who is on the property solely for his or her own enjoyment. Basically, this person is on the property and is not benefiting the landowner. This comes from a landmark legal decision from the Supreme Court of Florida entitled Stewart v. Texas (1953). In this case, it was held that landowner only owes a duty to warn of known dangers, keep the property in reasonably safe condition, or intentionally places plaintiff in harm’s way. An example of a business licensee would be someone who comes into a store to get change for a parking meter, but not to purchase anything. Continue reading →

Published on: May 27, 2017

Report: Child Died in Hotel Swimming Pool

By Dean Freeman

Hotels have a responsibility to guests to ensure the premises is reasonably safe for guests. Failure to do so is a form of premises liability. Swimming pools are a major attraction at any hotel, especially in Florida, so extra care must be given to ensuring it as safe as possible, and that warnings are posted of hazards that aren’t obvious.

According to a recent report from Fox 2 Now, a 12-year-old boy from Florida was killed in a swimming pool accident at a hotel in which his family was staying. He was with his older sister and brother, who is a toddler, in the water at the time of this tragic swimming accident.

Authorities have said the child was swimming when he attempted to see how long he could hold his breath under water. His sister was watching their younger toddler brother at this time. He dived below the surface of the water and was there for around two minutes before his family saw what was occurring and pulled him out of the water. Continue reading →

Published on: May 22, 2017

West Palm Beach Boating Accident Prevention Focus of Safe Boating Week

By Dean Freeman

One of the most popular activities in our area is going out on a boat. Whether we are talking about inshore fishing, deep-sea fishing, or just taking a ride, boating can be a lot of fun. However, many people do not realize how dangerous boating can be if things are not done right. The other issue is that many people who enjoy boating do so via rental, charter or on a friend’s vessel. In other words, they have little control of the safety of the boat on which they are riding.

Every year in South Florida, there is an added emphasis put on Safe Boating Week. Concern has been heightened this year following the high-profile death of Marlins staff ace pitcher Jose Fernandez. Unfortunately, many serious or fatal boating accidents involve the operator being under the influence of drugs or alcohol. Continue reading →

Published on: May 18, 2017

Slip-and-Fall Lawsuit Defendant Failed to Prove Danger Was Open and Obvious

By Dean Freeman

A slip-and-fall lawsuit plaintiff recently was handed a victory by the Alabama Supreme Court, which ruled the case should be remanded for trial because the defendant, in this case a restaurant, failed to prove the hazard in question was open and obvious.

Even though this is an out-of-state case, the open and obvious doctrine is a pretty universal one in most states when it comes to premises liability law and slip-and-fall cases in particular. The open and obvious defense is an exception to the duty of care owed by property owners which requires that they use reasonable care to shield or warn lawful visitors from dangerous conditions. If the danger is open and obvious, it is presumed the visitor will take reasonable care to avoid it and protect themselves. There is no duty to warn of a condition that is obvious.

In the recent slip-and-fall case out of Alabama, the court examined the details of an injury suffered by the patron of a fast-food restaurant, cast in the light most favorable to plaintiff, who was appealing an earlier summary judgment in favor of defendant. Continue reading →

Published on: May 10, 2017

Report: Fewer Medical Malpractice Claims Win, But Payouts Higher

By Dean Freeman

A new analysis by Harvard Medical School researchers indicates that while the number of successful medical malpractice claims in the U.S. has fallen – dramatically so – the average payout in successful claims has risen.

Between 1992 and 2014, the number of medical malpractice claims nationally that resulted in a damage award to the plaintiff fell by a stunning 56 percent, researchers reported. However, the average amount that was paid out for claims that were successful climbed by almost 25 percent, from an average of $287,000 between 1992 and 1996 up to $353,000 from 2009 to 2014.

There are a few things going on here. The first is the very obvious effect of tort reform on medical malpractice lawsuits. Lawmakers across the country, under intense pressure from big industry lobbyists, have steadily carved away at plaintiff access to the courts for claims of negligence by medical professionals. Continue reading →

Published on: May 3, 2017

Infants, Toddlers Suffering High Rates of Product-Related Injuries

By Dean Freeman

A child under three is injured every eight minutes in the U.S. as a result of a product-related accident. Most of these involve products like:

Cribs
Walkers
Strollers
Carriers

In many cases, the child suffers a concussion or other type of head injury.

This information was derived from a new extensive study, published in the journal Pediatrics, conducted by researchers at the Center for Injury Research and Policy at Nationwide Children’s Hospital in Ohio. This all breaks down to about 66,000 serious child injuries a year that require treatment at a hospital emergency department. What’s especially troubling about the study, which analyzed data over the course of 20 years, is that baby and toddler product injuries were on a downward trend for the first several years, but have since been climbing again. Continue reading →

Published on: April 28, 2017

Child Facial Injuries Preventable

By Dean Freeman

Facial trauma, which is also formally referred to as maxillofacial trauma, is any type of physical trauma to one’s face. It can involve soft tissue injuries, like lacerations, burns or fractures, as well as trauma such as eye injuries.

Particularly when it comes to children, we know many of these injuries are preventable. They are often caused by:

Defective products (particularly infant and toddler items);
Sports-related injuries;
Car accidents.

April is National Facial Protection Month, according to the American Association of Oral and Maxillofacial Surgeons. The month was designated for the spring because it’s often the time at which children across the country start to become increasingly active in outdoor activities. Continue reading →