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In some personal injury actions, parties involved may come to find certain pieces of key evidence were destroyed, altered or simply lost. This is referred to as “spoliation of evidence,” and because it can have such a profound impact on one side’s ability to prove its case, courts tend to respond rather harshly – regardless of whether the action was intentional.

In Florida, courts have consistently held sanctions for spoliation are appropriate. Courts will weigh the importance of the evidence, the impact on the aggrieved party and the intention of the party responsible. Possible sanctions include:

  • Exclusion of expert testimony
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In the first federal lawsuit against Boston Scientific Corp. over its defective vaginal mesh product, the company has been ordered by jurors in a Miami federal court to pay nearly $27 million to four Florida women who say they were injured by the medical devices.

Although the company faces some 23,000 lawsuits over the problem, only a handful have gone to trial. Of the three that have thus far gone to trial, the first two, in Massachusetts, resulted in victory for the company. The third, in Texas, resulted in a $73 million verdict for the plaintiff, though that award was later reduced to $34 million per state-mandated damage caps.

The Miami verdict represents the first federal case to go to trial. Another began in West Virginia shortly thereafter. The judge who oversaw the case, U.S. District Judge Joseph Goodwin, is overseeing more than 65,000 vaginal mesh lawsuits against seven companies that make the device.

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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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There was a time when bullying – even severe bullying – was scene as strictly within the purview of schools and parents and those youth involved. Increasingly, however, as awareness has risen and cyberbullying makes harassment almost inescapable, these matters are being handled by the courts.

In Florida, a Coral Springs mother filed a lawsuit against the local school district in 2011 after she said bullying led her 13-year-old daughter to the brink of suicide. In 2012, parents of a Palm Beach County middle school student filed a civil lawsuit against the local district for incessant bullying of their 14-year-old son suffered repeated thefts, harassment and stalking by the son of the principal, who did nothing to address the problem. Earlier this year, parents of a 12-year-old Orlando-area girl who killed herself after being bullied for months on social media (being told to “drink bleach and die” and “go kill yourself”) sued the school district for failing to stop the harassment.

But it’s not just Florida. Recently, a bullying lawsuit made it all the way to the state supreme court in Connecticut, where justices ruled plaintiffs in Hayes v. City of Middletown were entitled to a new trial, after finding numerous errors by both the trial and appellate courts.

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When property owners or managers fail to ensure structures adhere to local and state building codes, there is a high potential for injury. After all, building codes are in place to keep us safe.

Generally, when injury results from a hazard that violates applicable building code standards, a strong case for premises liability can be made. The code itself can help establish constructive knowledge of a dangerous condition. Still, there are sometimes exceptions to the rule, which is why it’s so important to have an attorney with experience on your side.

In some instances, older buildings are allowed to avoid expensive updates to bring a property up-to-date with current codes, a process called being “grandfathered in.” But this does not shield a property owner or manager in all instances, and it definitely doesn’t excuse failure to warn of a dangerous condition that is not obvious to tenants or guests. This is true even in cases where plaintiff may share some degree of fault.

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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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Miami is an epicenter of cultural events where diverse communities throng together for carnivals, music festivals, and celebrations. In a tragic accident, a woman was killed at the annual Miami Broward One Carnival and parade that honors the Caribbean culture. According to reports, a 54-year-old woman was struck by a trailer and killed in a tragic accident. The victim was participating in the parade in costume as a masquerader from the Mascots International Mas Band when she dropped her cell phone on her way to the main stage. When she bent over to pick up the phone between a truck and trailer, the box truck started up and she was struck by the rolling trailer.

Investigations continue, but witnesses report the box truck was hitched to a trailer and at a stop so that the dancers could perform for event judges. The victim was struck by the trailer during the performance and suffered fatal injuries. She was rushed to the Kendall Regional Trauma Center, but later passed away. This is a tragic case involving a preventable accident that demands a thorough and independent investigation. The victims’ family may be entitled to significant compensation for medical expenses, funeral costs, and other losses related to the accidental death.

Heavy traffic, moving vehicles, alcohol, tents, and other hazards at public events can pose a risk of injury or fatality for attendees. In the event of an accident an experienced advocate should review the evidence, identify the cause of injury, and pursue relevant claims against individuals or entities. Liability at public events can be complicated. In this case, an investigation can determine whether the parade had proper oversight, whether the driver was under the influence or had been negligent, and what other factors may have contributed to the accident.

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For patients under nursing home care, all aspects of health, medical treatment, and wellness are important. When you place a loved one under nursing home care, you expect that simple needs, including nutrition, hydration, and comfort, will be well tended. You also expect the nursing home to manage special needs, including dietary restrictions. In a recent case, a Tallahassee nursing home has been fined $31,000 by the state for failing to monitor the blood-sugar levels of diabetic residents. This oversight put dozens of patients at substantial risk of severe injury or death. According to reports, diabetic residents were not properly monitored because the nurses didn’t have adequate testing supplies.

The Florida Agency for Health Care Administration imposed the order on the Heritage Healthcare Center after investigations led to an inspection of the facility. According to reports, 60 of the 67 patients who required glucose monitoring went weeks without proper testing. Investigators revealed that the necessary testing supplies were locked in a closet and that nurses did not have access to the materials to properly monitor glucose levels. Reports documented that the nursing home failed to test patients for 24 days in the month of April and at least 17 days in the month of May.

Nursing home negligence and failed care can leave patients at risk of serious injury, even death. Our Fort Lauderdale nursing home neglect attorneys are committed to bringing justice to patients and their families. Nursing home injuries, ranging from nutritional deficiencies, falls, bedsores, head injuries, improper medications, and other accidents that could leave a nursing home vulnerable for liabilities. We will take a strategic approach to investigate any allegation of nursing home abuse and take necessary action to protect your loved ones.

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Jones v. Imperial Palace – Trip-and-Fall Claims Require Actual or Constructive Knowledge

Suffering a fall in a public place can be more than a minor embarrassment – it can cause very real and very serious injury.

However, that alone is not enough to secure compensation. Proving premises liability in Florida as well as in most other jurisdictions requires proof the property owner or possessor had actual or constructive knowledge of the danger, the danger wasn’t easily knowable for the injured person, and the property owner failed to either mitigate the hazard or warn of it.

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West Palm Beach, FL 33409
Phone: 561-999-9999
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Plantation, FL 33324
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