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A recent feature in The Chicago Tribune detailed the lifelong struggle of a child – now a man – diagnosed with Erb’s palsy shortly after birth. Today, the young man is now a junior at a university in Illinois, overcoming countless challenges following his birth injury in Florida that an Erb’s Palsy lawyer can explain impacts as many as two in every 1,000 babies, according to the American Academy of Orthopaedic Surgeons.

The story detailed how the mother and son first realized the uphill battle they’d both face: When he was 6-years-old and cried because he was unable to tie his shoe with a single hand. His mother, however, would not allow her son to use the word, “can’t,” and instead spent months teaching herself to tie her own shoe one-handed so she could teach her son. That kind of persistence paid off, and today, the 6-foot-6-inch shooting guard (whose parents – both former college basketball stars themselves – still live in Florida) is considered an inspiring success story. However, a birth trauma attorney recognizes that such heartwarming successes do not come easy.

Those who suffer from birth injuries like Erb’s Palsy can expect long-term difficulty impacting not just their physical ability, but social development, educational opportunities and career prospects.

How a Palm Beach Erb’s Palsy Lawyer Can Help Continue reading →

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Construction accident attorneys in Orlando have been following the recent report of a tragic accident in which two workers died after falling seven stories from collapsed scaffolding at a hotel under construction near Disney.

Local news media reported four workers were standing on the scaffolding while working on a JW Marriott hotel when it collapsed, seemingly without warning. Two construction workers – ages 34 and 46 – fell, one was able to hold on and the fourth managed to climb to safety. The men were pouring concrete at the time of the tragic incident.

Construction site injury lawyers use the term “accident” in these scenarios loosely because the reality is while such occurrences certainly are not intentional, they are nonetheless preventable. There are extensive industry standards and safety protocol where scaffolding is concerned. When followed to the letter – which employers, contractors and property owners have a duty to do – the risk of a collapse is almost non-existent.

The Occupational Safety and Health Administration (OSHA) makes those standards clear. The federal agency will be launching an investigation into this Orange County construction accident to ascertain exactly where this project when so horribly wrong. Workers injured in Orlando construction accidents (or survivors of those killed) need to know they may have numerous options for financial compensation. Although the physical and emotional pain of such losses is profound, it’s also true that the monetary impact can be devastating. Continue reading →

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If you have suffered a serious blow to the head that resulted from another’s negligence, you may have a strong claim for damages. An experienced traumatic brain injury attorney is necessary to help ensure you recover fair damages, given the potentially devastating and lifelong impact of such an injury.

Examples of traumatic brain injury causes that can warrant significant damages in Florida lawsuits include:

  • Auto accidents (including car accidents, truck accidents, motorcycle accidents, bicycle accidents and pedestrian accidents);
  • Defective products (toys, tools, cooking utensils, ladders, etc.);
  • Swimming pool/ drowning accidents;
  • Construction accidents;
  • Nursing home neglect or nursing home abuse;
  • Medical malpractice.

A recent study published in the Journal of Head Trauma Rehabilitation, analyzed the physical, cognitive and psychosocial factors associated with mortality among those who suffer chronic traumatic brain injury. They analyzed nearly 1,200 decedents and more than 10,800 control subjects, finding those more likely to survive had independence in mobility (the most strongly-correlated/ important factor). Another key factor was the degree of community participation. Those who survived longer tended to be more involved socially.

Caregivers were instructed to focus on these points. A traumatic brain injury attorney analyzing a case will also be looking at all these factors, and how one’s quality of life has diminished since the injury, in ascertaining what degree of damages to ask of insurers (or more likely the judge or jury). Although many Fort Lauderdale personal injury claims are resolved in pre-trial settlements with the help of an attorney negotiated on your behalf, many traumatic brain injury cases are heavily disputed in some regard, primarily because insurers recognize the profound financial implications.  Continue reading →

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Baby injuries caused by infant walkers have shrunk has the standards for these child products have tightened. Fewer people are using them and product designs are more stringent. However, a new study has found that despite this, there are still thousands of baby injuries every year, supporting the stance of may child safety, health and advocacy groups that these products should be banned. 

It’s not a new position. For instance, the American Academy of Pediatrics has been pushing for a ban on these devices as far back as 1982, when concerns among health care professionals was first raised.

West Palm Beach defective product injury attorneys have noted many of the product liability lawsuits filed against manufacturers and distributors have founded their claims on theories of strict liability (unreasonably dangerous when used as intended), negligence (defective design, defective manufacturing and failure to warn) and breach of express and implied warranties concerning safety. Continue reading →

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The Goodyear G159 has been referred to in some media reports as “the worst tire made in history,” involved in as many as 98 crash deaths caused by tire problems. They are the subject of dozens of injury and wrongful death lawsuits and currently the focus of an investigation by the National Highway Traffic Safety Administration – despite never being recalled.

In fact, according to a number of those lawsuits, the company has sought deliberately to conceal just how dangerous the tires were.

In one such case, a man packed up his family into their luxury motorhome in 2003, for aFlorida Disney World getaway, complete with his wife, adult son, daughter-in-law and two grandchildren. However, on the return trip home to Alabama, on I-75 in Georgia, the treads on the left front Goodyear tire began to come off. The driver struggled to keep control, but the RV crossed the median and plowed into an embankment. The vehicle, nearly 40 feet long, hit a direction sign, slid across the rest area entrance and hit a second embankment before stopping. The two women suffered broken backs. His son broke his hip. The driver was paralyzed but died months later of complications from crash-related injuries. Continue reading →

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Rock climbing injuries are on the rise, as more people are eager to take on the challenge of a fun, invigorating exercise they believe to be safe. It’s even become an Olympic sport, though not many are quite so serious about it. 

A recent report reveals more than 40,000 people have been treated at hospital emergency rooms from 1990 to 2007 for broken bones, sprains and strains and other rock-climbing injuries. The Nationwide Children’s Hospital in Ohio reports that’s a 63 percent increase.

Injuries are most commonly caused by falls, which account for 70 percent of all cases. The higher the fall, the more severe the injuries. Those who fall from heights of 20 feet or higher were 10 times more likely to be hospitalized, compared to those who fell from lower heights. Half of all injuries were fractures, sprains and strains with the lower body being most prone to injury. Continue reading →

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People who run 5ks, 10ks, half-marathons and marathon races know they have to build up their endurance – both muscular and cardio – in order to run the race safely. Marathon races especially can be grueling, and it’s understood that to some extent, when one chooses to participate, they are accepting an inherent risk of possible physical injury or illness. However, that does not absolve organizers of these races and communities where they are held from ensuring medical help is promptly available to anyone who may have suffered an unexpected health consequence in the course of participation. 

Recently, an appellate court in California ruled a San Francisco family will be allowed to pursue legal action against the race organizer of a half marathon for failure to provide a medical doctor, ambulance or emergency medical equipment at the finish line.

According to court records, the 31-year-old participant suffered cardiac arrest after finishing the 13.1-mile park run. Numerous bystanders, including several fellow participants with medical training (three city firefighters) hurried to his aid while awaiting life-saving equipment, stored in a tent nearby. However, some 45 minutes after his collapsed, the runner died.  Continue reading →

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Food poisoning is probably one of the most unpleasant illnesses one can have. Some may be only laid up for a few days feeling miserable, but then otherwise return to normal. In other cases, though, one may suffer serious consequences – up to and including death. This is especially true for young children, the elderly and those whose immunity is compromised.

When food poisoning is caused by the negligence of another person or entity (restaurant, grocery store, delivery truck company, food truck operator, nursing home, hospital, hotel, cruise ship, etc.), plaintiff may pursue a claim for damages. These cases can be challenging for the fact they are usually based largely on circumstantial evidence. That’s because the type of bacteria that typically causes food poisoning – salmonella, norovirus, Listeria and E. coli – can be be found on a range of different foods in a range of scenarios. There is often no way to know 100 percent for certain that an illness was caused by the food alleged.

Our Orlando food poisoning attorneys however can help build a case by producing evidence to meet the burden of proof, which in these cases is a “preponderance of the evidence.” In short, this means showing it was more likely than not that a particular fact or event occurred as alleged. That’s a lower standard than what we use in criminal cases, which is “beyond a reasonable doubt.” So if a juror thinks there is a 51 percent chance events occurred as you alleged, you have met your proof burden. Continue reading →

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Federal workplace regulator OSHA (Occupational Safety and Health Administration) announced they were suspending the requirement mandating companies submit employee injury logs. This was after the Center for Investigative Reporting showed the regulator failed to set up a website for the roughly 450,000 companies require to electronically submit data from their worker injury and illness logs. Even though the regulator was reportedly ready to launch a website with information for employers back in February, that site never posted. Instead, OSHA announced it wasn’t accepting electronic submissions of worker injury reports, and then later extended the deadline.

Critics worried at the time that even just a delay would potentially strip workers of key protections and allow companies to avoid accountability. A senior fellow at the National Employment Law Product was quoted by RevealNews.com as saying OSHA would not be able to focus its efforts on the most dangerous workplaces because it wouldn’t have data necessary to even identify those companies.

Now, in a lawsuit seeking declaratory and injunctive relief against the U.S. Department of Labor and OSHA, three non-profit public interest and research groups (Public Citizen Health Research Group, American Public Health Association and the Council of State and Territorial Epidemiologists) allege OSHA and U.S. Labor Secretary Alexander Acosta are in violation of the law by failing to follow proper procedures by extending the work injury reporting deadline without allowing the public to weigh in – and then announcing it wouldn’t even accept data from the 450,000 companies subject to the rule. Continue reading →

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Cruise ship vacations and travel are a top tourist draw in Florida, with ships commonly leaving from ports in Miami, Fort Lauderdale and Port Canaveral. While many come home from these excursions with memories they’ll always cherish, others are left with a nightmare they’d forget if they could. 

Sexual assault on cruise ships is a major problem, as reported last year by NBC News, which noted victims are disproportionately under 18. In one instance reported by the outlet, the 16-year-old girl of a single mother was allegedly sexually assaulted by a trainer in the gym on board the cruise ship. The case was reported, and the ship did collect evidence and contact the FBI. However, no criminal charges were ever filed – something NBC reported was common in these cases. Of the 92 alleged on-board crimes that were reported by cruise lines in 2016, 62 of those were for sexual assaults and rapes – a Congressional report finding one-third of the victims were minors.

As our Fort Lauderdale cruise ship injury attorneys can explain, cruise lines can be held liable for sexual assaults and other criminal attaches that occur on ships and during excursions – particularly if they involve employees of the ship. In the event an employee was involved, cruise lines may be deemed strictly liable, meaning it’s not necessary to prove negligence. However, in cases where other passengers were involved, plaintiffs will need to prove negligence, which is failure to exercise a duty of reasonable care. Continue reading →

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