South Florida Injury Lawyers Blog

Published on: April 27, 2014

New Approach to Fort Lauderdale DUI Crash Prevention Proposed

Anti-drunk driving advocacy groups tend to be united in the core common goal of slashing the number of deaths and injuries caused by impaired drivers.

But now, DUI injury attorneys in Fort Lauderdale note conflict brewing among various factions regarding how to best accomplish this goal.

On the one side is Mothers Against Drunk Driving and vendors of the ignition-interlock devices. The devices have been used by Florida courts for several years now. Florida Statute 316.193 is the provision of law that mandates the devices be installed on vehicles driven by individuals who have been twice-convicted of DUI.
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Published on: April 20, 2014

Beauty Salon Lawsuits in Broward Require Thorough Investigation

By Dean Freeman

In the last several decades, the variety of beauty treatment providers has exploded. No longer are care regiments limited to the local hair salon down the street.

Consumers have their choice of hot wax and lasers and injections and white-hot bulbs and powerful chemicals and more. Of course, as our beauty salon injury lawyers in Fort Lauderdale are fully aware, many of these treatments can pose dangers when not properly applied or adequately overseen.

One of the biggest questions that must be answered before filing such an action is whether the “salon” is actually a medical facility. This is sometimes not always an obvious distinction. Examples might be places that provide laser hair removal treatments, Botox injections or weight loss programs involving medication. The reason it’s essential to answer this is because if so, it will necessitate a different approach by your attorney.
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Published on: April 17, 2014

Palm Beach Bicycle Accident Attorneys Explore Psychology of Bicycle Rage

By Dean Freeman

Not long ago, a video surfaced that quickly went viral. It depicted a motorcycle rider in Southern California plowing into a group of bicyclists along Mulholland Drive, sending the cyclists flying.

As frightening as the video is, our Palm Beach bicycle accident attorneys find the notes made in the “comments” section even scarier. One wrote, “I think about doing this all the time…” Another, “You have no idea how much I love this video.” The headline referenced joy in watching the bicycle riders get “demolished.”

Also recently, a number of other videos have surfaced in which bicyclists have captured motorists in the midst of expletive-laden rants directed at the cyclist solely for having the nerve to share the road.
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Published on: April 10, 2014

Dorsey v. Reider – Florida Supreme Court Weighs Bar Fight Liability

By Dean Freeman

On the surface, the issue of liability in a bar room brawl would seemingly be limited to those involved. However, the Florida Supreme Court in Dorsey v. Reider ruled that third parties can be held liable where the plaintiff can show those parties owed the plaintiff a legal duty of care, and that this duty was breached.

As West Palm Beach personal injury lawyers, we know that a criminal assault can leave a victim wounded for life. It’s important in these cases to explore the legal culpability of all potentially negligent parties, and not solely rely on the criminal justice system for the possibility of restitution.

This case started among acquaintances at a neighborhood bar in Pinecrest, and eventually made it all the way to the state supreme court.
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Published on: April 3, 2014

Roe v. St. Louis University – Standard of Deliberate Indifference in Campus Sexual Assault

By Dean Freeman

Sexual assault on college campuses is a major problem, in Florida and nationwide. The U.S. Justice Department reports that in an average year, one out of every 20 female college students will suffer a sexual assault, with roughly 80 to 90 percent of those involving an acquaintance.

As West Palm Beach personal injury attorneys, we recognize that beyond the criminal aspects of a case, there is often a question of civil liability. Sometimes, this surfaces in the form of failure to provide adequate security or have appropriate policies in place. We would also look at the possibility of a violation under Title X of the Education Amendments of 1972, specifically whether there has been an issue of deliberate indifference regarding the rape (or sexual harassment).

The U.S. Supreme Court has ruled that a college or university that receives federal funds could be held legally liable to pay compensation to a victim of student-on-student sexual harassment or rape if the victim can prove that university officials acted with deliberate indifference to known acts in its programs or activities.
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Published on: March 27, 2014

Broward Bicycle & Pedestrian Safety a Worthy Goal of Safe Streets Act

By Dean Freeman

Spring is the height of tourist season in South Florida and an especially apt time to be reminded of the importance of infrastructure improvements when it comes to reducing the risk of bicycle and pedestrian accidents.

Inadequate transportation infrastructure has left many Americans stranded and at risk of serious injury. From youth, to senior citizens, and lower-income families, getting around without a vehicle can be a challenge. This means that individuals seeking to travel by foot or bicycle also face more dangers on America’s roads. A new bill in Congress would mandate better infrastructure planning throughout the United States to keep American’s cyclists and pedestrians safer.

The Safe Streets Act of 2014 is a bill before Congress that would require each state to implement a policy that requires all federally-funded transportation projects to accommodate the safety and convenience of all users in accordance with specific street principles. In short, this means that city planners cannot exclusively focus on convenience and ease for motorists, but must also incorporate planning strategies that accommodate pedestrians and cyclists as well. Our personal injury attorneys in Broward are dedicated to protecting the rights of our clients who have suffered an injury. We are also committed to staying abreast of changes in the laws that impact transportation safety.
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Published on: March 16, 2014

Amputation Injuries – Complex, Costly Course of Treatment

By Dean Freeman

Traumatic injury, including falls, traffic collisions and incidents on the job, as well as infection and other trauma can lead to the devastating reality of limb loss. Amputation may be necessary to stop an infection or to save the patient from future harm. In a recent case, a CBS correspondent was forced to have his left arm amputated after a minor injury endangered his life. His injuries shed light on the trauma of amputation as well as the reality that even minor injuries can have catastrophic results.

According to the Amputee Coalition, there are nearly 2 million Americans living with limb loss. There are 185,000 amputations performed every year in the United States. Victims of amputation suffer both the physical consequences of limb loss, including restricted mobility, but the emotional trauma and a reduction in overall quality of life. Our Fort Lauderdale personal injury attorneys are dedicated to protecting the rights of amputation victims. We understand the long-term consequences faced by our clients. In addition to protecting the interests of our clients, we are committed to raising awareness to prevent catastrophic injury, including loss of limb.
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Published on: March 6, 2014

Ennabe v. Manosa – Liability for Drunk Driving Crashes Resulting From Underage Consumption

By Dean Freeman

Nowhere in the country is it legal to sell booze to minors, and it’s certainly not legal for anyone – under 21 or otherwise – to get behind the wheel of a vehicle while intoxicated.

Yet it happens all the time, often resulting in serious injury or even death. As Vero Beach personal injury lawyers, the question we often ask in this cases, beyond the obvious fault of the drunken driver, is whether a third party may be liable for providing the alcohol in the first place.

Like most states, Florida has something called a “Dram Shop Act.” Florida Statute 768.125 allows for third-party liability in drunk driving cases if that third party unlawfully sold or furnished a minor alcohol or knowingly served alcohol to a person who is “habitually addicted” to alcohol.
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Published on: March 2, 2014

Liability for Frat House Injuries in Fort Lauderdale

By Dean Freeman

A reporter for The Atlantic recently spent a year delving into the “Dark Power of Fraternities” on college campuses. This investigation involved not only the way that universities use these organizations to market college as a “party” to students soon-to-be-saddled with enormous debt, but also the power these operations wield in the legal sphere when serious problems arise.

Cases of injury resulting from hazing and excessive alcohol consumption at college fraternities in recent years have been numerous. Just recently, the case of Yost v. Wabash College was heard before the Indiana Supreme Court, after a fraternity brother tried to sue the school, the local and national chapters of the fraternity and one of his “brothers” for a hazing incident that left him with serious and permanent brain damage. The court upheld only his right to pursue the claim against the local fraternity chapter and the fellow fraternity brother.

Our Fort Lauderdale injury lawyers recognize that on-campus Greek organizations can be an incredibly positive experience for many students. However, when injuries or illnesses do occur as a result of negligence by the organization or school leadership, victims must be prepared to put up a fight. These organizations often have a considerable amount of influence, power and resources.
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Published on: February 27, 2014

Nield v. Pocatello Health Services – Serious Outcomes of Hospital-Acquired Infections

By Dean Freeman

When Judy went to an Idaho hospital to receive treatment for infected wounds on her legs, she expected that hospital staff would treat her, and she would get better.

What she never anticipated was losing her leg due to a medically-necessitated amputation caused by a hospital-acquired infection. She has since filed a lawsuit, Nield v. Pocatello Health Services reviewed by the Idaho Supreme Court, which ruled her claim could proceed.

Our Coral Springs personal injury attorneys know hospital-acquired infections have the potential to result in serious health complications and can even lead to death. Advocates continue to push for tougher standards even as hospitals make millions treating infections resulting from their own negligence.
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