South Florida Injury Lawyers Blog

Published on: March 11, 2013

Fort Lauderdale Defective Product Alert: CPSC Targets Play Yards

Parents beware! Play yards are serving up some serious risks for accidents, thereby endangering your young ones.

Officials with the Consumer Product Safety Commission (CPSC) recently announced new safety efforts to address the dangers of play yards. There were far too many accidents happening as a result of the faulty design of these devices.

A play yard is a framed enclosure for your child. It has a sturdy floor and either fabric or mesh walls on each side. It can be easily folded down to travel or for storage. Now, new safety standards are going to better protect young occupants. Just make sure you’re aware of these standards and aware of other ways you can keep your child safe. Don’t rely on others and product design to do this for you.

Our Fort Lauderdale child injury attorneys understand that we purchase our child’s cribs, play yards and toys and rely on the manufacturer to ensure that they’re safe. Unfortunately, officials with the CPSC oftentimes find that these products are dangerous and can seriously harm young occupants. Sometimes, these defects are pointed out too late and children are injured or killed.

New Safety Standards for Child’s Play Yards:

-The side rails on these devices have to be more reliable. They can no longer create that sharp V shape when they’re folded down. This V shape is what serves up those serious strangulation dangers for small children.

-The corner brackets have to be stronger. The stronger design of these brackets it to help stop them from breaking and exposing children to sharp edges. These edges can cause laceration hazards and the weak brackets can also increase the risks of a side -rail collapse.

-The mattresses have to be sturdier and their attachments do, too. Officials don’t want children getting trapped under the mattress.

All of these standards were passed as a part of the Danny Keysar Child Product Safety Notification Act (also known as Danny’s Law). Danny was a child who was killed in a play yard in Chicago back in 1998. He was napping when the play yard collapsed and suffocated him. Officials made this act in honor of him and his family.

The truth of the matter is that these play yards, and even cribs, can be extremely dangerous to children. Each year, officials estimate that about 700 kids under the age of 1 are killed just from cushions and pillows in a baby’s sleep area.

The safest place for your child is in a crib or a play yard that meets CPSC’s safety standards. You also want to make sure that you’re not adding to the risks though. Never put pillows, blankets or stuffed animals. Even these fluffy bundles of comfort can serve as suffocation hazards to infants and toddlers.
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Published on: March 7, 2013

Motorcyclists Beware: Daytona Beach Bike Week and Accident Risks

By Dean Freeman

There are treasure hunts, bicycle raffles, parties, races and so much more. And all these events are a part of Daytona Beach Bike Week. What officials leave out are the risks for motorcycle accidents during this time. Each year, about 500,000 people make their way to the festival for one of largest motorcycle gatherings in the country.

Our Palm Beach motorcycle accident lawyers understand that we see these risks all year long, but they skyrocket during this huge motorcycle event. According to The Palm Beach Post, two motorcyclists wound up at St. Mary’s Medical Center in West Palm Beach after a serious accident at the intersection of Royal Palm Beach Boulevard and Tangerine Boulevard. The accident happened just before 8:00 p.m. And these kinds of risks are only expected to get worse.

Unfortunately, we hear about accidents like this one year round. It’s important that motorists are on their best behavior, especially during Daytona Beach Bike Week. According to the National Highway Traffic Safety Administration (NHTSA), there were close to 400 motorcyclists killed in the state of Florida in 2010. We were ranked that year as the second most dangerous in the country for these kinds of accidents, only behind Texas.

In 2010, there were close to 7,500 motorcycle accidents recorded in the Sunshine State. In addition to the close to 400 fatalities, there were another 6,700 people injured in these accidents. What’s most alarming is that these kinds of fatalities accounted for about 8 percent of all traffic accident fatalities in 2000. In 2010, these kinds of accidents contributed to more than 14 percent of all traffic fatalities. This number is only expected to rise as more and more hop on motorcycles. Remember, they have rights to our roadways too and need to be treated like any other motorist out there.

Florida Motorcycle Stats, 2010:

-Riders between the ages of 45 and 54 sustained more injuries than any other age group.

-More riders between the ages of 45 and 54 were killed in motorcycle accidents than any other age group. Ranking in second were riders between the ages of 25 and 34.

-The media age of motorcyclists who were killed was 42.

Believe it or now, but Miami-Dade, Pinellas, Volusia, Hillsborough, Palm Beach, Broward, Duval, Orange, Pasco, and Brevard counties accounted for the largest number of motorcyclist deaths respectively in 2010.

Drivers are asked to be cautious out there. Passenger car drivers are oftentimes the cause of these kinds of accidents. Make sure you look — twice — before making any movements in traffic. Bikers can oftentimes get lost in your blind spots. It’s also important to remember that these vehicles swerve within their lanes to avoid debris, potholes and other road defects. Don’t assume they’re being reckless and never share a lane with them. They follow the same road laws as you, treat them like they’re any other driver. It’s your responsibility to find these vulnerable travelers. Much of their safety relies on your actions behind the wheel.
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Published on: March 4, 2013

Fort Lauderdale Spring Break Injuries — A Concern for All

By Dean Freeman

The month of March brings visitors from around the world to our South Florida beaches. Unfortunately, many beachgoers are unaware of the risks that are involved with a day at the beach.

Take riptides for example. These tides are strong undercurrents that have the ability to carry you out to sea. Swimmers are urged to stay away from calm, murky waters that have wave action on either side. If you get caught up in a riptide, don’t panic. Your best bet is to swim parallel to the shore and ease your way out of the current. Swimming perpendicular to the current won’t get your very far and it will only tire you out.

Our Boca Raton injury attorneys understand that riptides may be the least of some spring breakers worries, but the truth of the matter is that they’re some of the most serious risks. In addition to that, we’ve also got to be on the lookout for underage drinking, date rape as well as pedestrian and bicycle accident risks. It might be all fun and games, but it’s important that we keep safety in mind during our fun-in-the-sun festivities.

Underage Drinking:

According to the Centers for Disease Control and Prevented (CDC), close to 40 percent of high school students have consumed some amount of alcohol in the last month. To make it even worse, more than 20 percent binge drank, close to 10 percent drove after consuming alcohol and about a quarter have rode with a driver who had been under the influence. Just because our teenagers can’t legally purchase and consume alcohol, it doesn’t mean that they won’t.

Date Rape:

Another important issue during spring break is date rape, but more specifically date rape through rape drugs. Drug-facilitated rape typically involves the use of a the “date rape drug” and/ or alcohol. It’s alarmingly common. According to recent studies with The Center for Women and Families, alcohol is the number one drug used to facilitate a sexual assault. To help to avoid these circumstances, make sure that you never accept a drunk from an open container or from someone you don’t know. You never want to leave your drink unattended. It’s not even a good idea to have someone you know watch it for you. Always keep it with you, in your possession and in your line of sight. Don’t think putting a napkin over your glass protects you from date rape drugs. Keep your glass in your hand at all times.

Pedestrian and Bicycle Accidents:

It’s South Florida — we all want to be outside in the warm sunshine. This is why we have a lot of bicyclists and pedestrians along our roadways. Year round, but especially during this time of the year, we see a lot of pedestrian and bicycle accidents. Make sure you’re keeping an eye out for these travelers. Many of them may not be familiar with the area. Stay one step ahead of them — not only to help to keep them safe, but to help to keep yourself safe as well.

Have a wild spring break, but have it safely.
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Published on: March 2, 2013

Spring Breakers Targeted by Law Enforcement Statewide

By Dean Freeman

Law enforcement officers throughout the state recently teamed up to encourage spring breakers, both local and from out of town, to safely celebrate their time away from work and school.

According to the Florida Department of Highway Safety and Motor Vehicles (DHSMV), our beautiful beaches come with some serious risks, and unfortunately this time of year fuels poor decisions involving drugs and alcohol. Throughout the entire month of March, law enforcement officers will be out enforcing the state’s drinking laws and working to keep impaired drivers off of our roadways.

Our Vero Beach accident attorneys understand that spring break is a time to let loose a little bit, but there’s no letting loose from safety. Officials with the Florida Highway Patrol (FHP) are asking drivers to think twice before getting behind the wheel under the influence of drugs or alcohol. Drunk and impaired driving not only puts the dangerous driver at risk, but it also compromises the safety of other innocent travelers along our roadways. Officials with the DHSMV are reminding drivers that the Sunshine State comes with some serious penalties for DUI. Not only do you risk jail time, but these charges, fees and fines can leave you with an empty wallet, too!

“Florida troopers do not tolerate impaired driving, so driver sober and drive safely,” said Col. David Brierton, FHP Director.

Officials with the Department of Business and Professional Regulation will be also working to enforce our state’s beverage laws, while focusing on the state’s drinking age. Officials are working diligently to make sure that no one under the legal drinking age is being sold alcohol.

Remember these laws and tips to help ensure a safe spring break:

-The legal drinking age in the state of Florida is 21. Anyone who is underage who has possession of alcohol can be cited and slapped with a second-degree misdemeanor. This can result is come costly fines and some other serious consequences.

-If you’re busted selling alcohol to or buying alcohol for anyone under the age of 21, you can also be slapped with a misdemeanor.

-Both passengers and drivers are prohibited from obtaining and open alcohol beverage in a vehicle — whether it’s stopped or in motion.

-Make sure you plan ahead. Before you crack open a cool one, make sure you’ve got a safe and sober way to get home. A taxi or a bus is a lot cheaper that getting busted for DUI.

-If you spot a friend or a family member who is under the influence with keys in their hand — snatch them. Don’t let anyone get behind the wheel after consuming alcohol.

-Keep an eye on teens during this time of the year. Make sure they have strict curfews. Know who they’re with and when they’re coming home. Your knowledge can help to keep them safe and out of harm’s way.

-Call *FHP (*347) on your cell phone to report someone who you believe is an impaired driver.
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Published on: February 27, 2013

Roundabouts Slowing Drivers and Improving Roadway Safety

By Dean Freeman

If you’ve been here for a while, you may have noticed the increase in the number of roundabouts that keep popping up along our roadways. They’ve been spreading like wildfire out there over the last 15 years. Officials see them as an easy and cost effective way to try and slow down drivers. Unfortunately, county officials are noticing that they’re throwing drivers for a loop — oftentimes confusing drivers more than helping them. So, are they working?

According to the Sun Sentinel, Broward officials find that slower is safer, which is true but getting the drivers to slow down is another battle. Areas that have roundabouts typically see fewer accidents, reports the Transportation Research Board. But that’s not in all locations.

Our Fort Lauderdale car accident attorneys understand that there were two roundabouts removed from the area because they didn’t decrease driver’s speeds at all. On the other hand, there are areas with roundabouts that have seen the number of accidents decrease by about 75 percent. Currently, there are about 3,000 roundabouts in the U.S. Close to 1,000 of them were added in the last 10 years.

We can only expect more in the future, too. They’re one of the most cost effective ways to help to eliminate congestion, according to experts. There are already plans for roundabouts on Lyons Road just west of Lake Worth to help to keep the traffic flowing around a nearby school.

What are the pros and cons of these traffic devices?

-They don’t require a lot of maintenance. Traffic lights on the other hand require a lot of attention and funds to keep working properly.

-Roundabouts force drivers to slow down. They also work to reduce delay by forcing drivers to yield instead of stop.

-Unfortunately, they don’t work everywhere — like the two roundabouts that were removed in the Fort Lauderdale area.

-These areas also cause confusion. Sometimes drivers even freeze when they get to a roundabout. Experts say that this is only common to new users though and drivers typically warm up to the idea after they get used to how they work.

-Roundabouts can be dangerous if an oncoming driver doesn’t anticipate others in the roundabout.

The truth of the matter is that roundabouts are here to stay. In most situations, a modern roundabout can handle higher traffic volumes with less delay than traffic signals. Even with drivers slowing down to 15-25 mph. Motorists aren’t always stopping for traffic lights.

Researchers also say they’re here to stay because they help to reduce the risks of accidents for other kinds of travelers. They help to reduce the risks of pedestrian accidents by up to 40 percent, the risks of bicycle accidents by close to 10 percent and they are able to increase traffic capacity by enhancing traffic flow by up to 50 percent. It’s a win-win for everyone if we can all use them properly.
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Published on: February 25, 2013

Broward Bus Driver “Retires” Before Being Fired

By Dean Freeman

He could have (and should have) been fired for a number of reasons. He was a Broward County transit bus driver who had been disciplined 19 times, served more than 30 days of suspension and was responsible for 9 accidents. He was still offered a “last chance” back in 2008. Even after that “last chance” he continued to misbehave and was disciplined 7 more times, according to the Sun Sentinel.

The good news is that the driver’s history with the county ended two weeks ago. The bad news is that he was not fired, but retired instead. According to Broward transit officials, they would have fired him if he hadn’t left. But why wasn’t he fired already?

Our Fort Lauderdale bus accident attorneys understand that there is no room for these kinds of bus drivers in our area. We get on our buses expecting a safe ride to where we’ve got to go. Officials shouldn’t allow this kind of irresponsible driving behavior to jeopardize the public’s safety. The problem is that this isn’t the only Broward driver with a poor safety record. There are others who have been granted forgiveness for their accidents and for mistreating the public. Still, complaints about these drivers continue to roll in and nothing is done. Now, Broward’s disciplinary system for its bus drivers is being looked at by county officials, including the county auditor.

“I think some of them know they can get away with doing what they want,” Tom Cook said, a Wilton Manors resident who relies on the transit system.

The driver retired at the age of 62 making close to $50,000 a year. Not only does his employee file show a number of accidents, but also a number of flareups with riders.

During one of these flareups, he had a woman thrown off his bus because the rider’s daughter was snapping her gum loudly. He had another rider kicked off the bus for whistling.

The truth of the matter is that there is one less dangerous bus driver out on our roadways, but with the history of Broward officials, there are still others out there and surely more to come — unless something changes.

According to national bus accident statistics, there were close to 13,000 buses that were involved in traffic accidents in 2010. According to FARS, there were close to 250 people killed in busing accidents during the year. National officials are focused on improving the safety standards of buses in order to reduce injuries and fatalities. Local officials should be spending more time working to get safer drivers in these vehicles.

As a passenger, it’s important that you make yourself familiar with your legal rights.
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Published on: February 21, 2013

Nighttime Driving — A Common and Dangerous in South Florida

By Dean Freeman

We all know it’s a little tougher to drive at night. In fact, about 7 out of 10 drivers in the country actually fear driving at night because of a lack of visibility. In South Florida, we may not have to deal with winter, but early darkness and heavy tourist traffic make for dangers that are uniquely their own.

Roughly 40 percent of drivers even say that they fear crashing into a person or an animal while another 25 percent say they’re just worried they won’t see the road markings, according to Mothers Against Drunk Driving (MADD).

Our Boynton Beach car accident lawyers understand that about 90 percent of our maneuvers behind the wheel are made based on what we see. Driving becomes a whole lot tougher when you take sight out of the equation. And that’s exactly the problem when visibility is reduced in the nighttime dark.

Although there’s about 60 percent less travel that takes place at night, this time still sees about 40 percent of all fatal car accidents. For this reason, we’re asking drivers to be cautious out there and to take all of the proper safety precautions to prevent these kinds of accidents. Stay awake and stay alert while driving at night.

Nighttime Safe Driving Tips:

-Prepare Yourself. Make sure that your mirrors are clear and in place. Check your side-view mirrors and your rear-view mirror. Make sure that your windshield and other windows are clear and clean to help to maximize visibility.

-Check Headlights. Make sure they’re adjusted regularly. For the ones that are adjusted on the fly, make sure they’re aimed lower for city driving and higher for country driving. If you’re driving toward a vehicle that has bright headlights, move over a lane to get them out of your direct view. If there’s a vehicle behind you and the lights are too bright, find a safe place to pull over and let the vehicle pass, or move to the right-hand lane.

-Watch Your Windshield. Make sure your windshield wipers are in good shape. You want to also make sure that your windshield wiper fluid is full. If you’re traveling up north, make sure you’ve got an ice scrapper with you.

-Stay Alert. Don’t turn to mobile devices to keep your eyes moving. You want to keep your eyes on the lookout for pedestrians, other vehicles, reflectors, animals’ eyes and even debris on the road.

-Stay Within Your Headlights. You want to always be able to step within the area that’s illuminated in front of you. If you can’t do that, you’re driving too fast.

-Keep It Low. You want your dashboard lights to be set at a safe low setting. Since the contrast between bright and dark will impede your vision, limiting the brightness in your car should help you see at night and avoid car accidents.

-Rest Up. Before heading out on any road trips, make sure you get plenty of rest. The last thing that you want to be behind the wheel is sleepy. Ultimately, you should avoid driving when your body is usually sleeping, but if you have to — make sure you’re ready and well rested.
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Published on: February 18, 2013

Common Child Cold Remedies Recalled by CPSC

By Dean Freeman

Parents need to pay attention! Officials with the Consumer Product Safety Commission (CPSC) have recalled Triaminic and Theraflu products. The recall comes after discovery that the bottles do not meet the CPSC’s child-resistant closure standards. The ingredients in these bottles can be dangerous to child if they’re over-consumed.

According to CNN, Novartis Consumer Health, the manufacturer, reports that the last batch was distributed about a year ago.

Our Greenacres personal injury lawyers understand that these products contain both acetaminophen and diaphenhydramine — and that serves up a serious poisoning risk. These ingredients are used to treat pains, colds and allergies. Federal law states that products containing these ingredients are required to be sealed with child-resistant packaging because of the risk of poisoning.

If you have these products in your household, you’re asked to safely dispose of them. You can also get in touch with Novartis for information about a refund. According to the CPSC, there are close to 25 different kinds of this product that are included in the recall.

A complaint filed by a consumed back in November is what launched the investigation. All of the products in question were manufactured in the United States.

According to a spokesperson with the company, Julie Masow, there are close to 185 lots falling under this recall. Included are more than 40 lots of Theraflu Warming Relief Syrups and more than 140 lots of Triaminic Syrups. These products were delivers from 2010 to 2011.

So far, the company has received 12 reports of young children getting into the bottles. Four of them ingested the product.

The Food and Drug Administration is aiding this investigation. Just to be safe, there is a recall issued in Canada as well.

According to the Centers for Disease Control and Prevention (CDC), there are more than 300 children under the age of 19 who are sent to an emergency room every day in the U.S. as a result of being poisoned. Two die every day under the same circumstances.

For medicines in your household, you want to make sure that they’re kept out of reach of children. Make sure they’re stored high on the shelf or in a locked, lower cabinet. This also applied to cleaners with dangerous ingredients in them. We don’t want our little ones to get their hands on anything dangerous.

To help keep your household safe, make sure that you dispose of unused, unneeded, or expired prescription drugs and over the counter drugs, vitamins, and supplements. To dispose of medicines, mix them with coffee grounds or kitty litter and throw them away. You can also turn them in at a local take-back program or during National Drug Take-Back events.
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Published on: February 16, 2013

Dangerous I-95 Interchange Claims Another Life

By Dean Freeman

After a recent traffic accident, a barrier wall was left with a gaping 10-foot hole. One person was killed in this accident, and it wasn’t the driver of the truck. According to the Sun Sentinel, repairs on the Interstate 95 barrier could not be made until after the hydraulic fluid that leaked from the truck was cleaned up.

The accident happened at the tri-level interchange at State Road 84 and Interstate 95. This area has a history of traffic accidents. The accident caused a headache for commuters, causing delays during the morning rush hour for hours. Firefighters, paramedics and tow wrecks were all on the scene. It happened at about 5:30 a.m.

Our Fort Lauderdale accident lawyers understand that our roadways, especially the Interstate and the turnpike, can be dangerous and confusing. This is especially true for unfamiliar drivers and those driving large or unfamiliar vehicles. Unfortunately, it’s us who are in passenger vehicles who experience a brunt of the injuries.

The victim in this accident was a passenger in the truck. The 43-year-old man was pulled from the cab during rescue efforts. He was pronounced dead at the scene. The driver was treated for cuts on the knee, reports Broward Health Medical Center.

The north side of the barrier on 84 will need extensive repair. It has been delayed as inspectors with Florida’s Department of Environmental Protection found the hydraulic fluids near the scene. The fluids leaked into the grassy area located next to 95.

So far, only sheets of plywood cover the hole and cones are helping to direct traffic. That’s the best way officials can work to direct traffic while repairs await.

That particular interchange has two flyovers. Unfortunately, it’s an odd ramp with warning signs, concrete barriers, signals and turns. It’s been the site of many accidents since it was first opened back in 1990. The barrier’s walls are scarred with tire and paint marks.

Back in 2008, there were 3 men in a passenger vehicle who were killed in an accident when the driver failed to make that very same westbound turn. That car flipped over the wall and fell down onto 95.

Last year, a 23-year-old driver was attempting to get off on the southbound ramp of I-95, he slammed into a wall and fell to the road below. That driver survived, but was severely injured.

“You have to go very slow,” said Fort Lauderdale Police Detective DeAnna Garcia.

We understand that our roadways can get a little hectic. There’s traffic heading in every direction at some of our interchanges. We’re asking you to be on your best behavior behind the wheel to help to reduce your risks of an accident. Travel cautiously, know where you’re going and stay one step ahead of the traffic around you.
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Published on: February 14, 2013

Florida Cruise Ship Lawsuits Nightmares Not Rare

By Dean Freeman

What started as a welcomed getaway has ended with thousands of cruise ship passengers and crew members stranded in the middle of the Gulf of Mexico in foul, sickening conditions.

There are reports of rooms sloshing with human waste and four-hour long lines for limited food rations.

Our Fort Lauderdale cruise injury lawyers understand that while the Carnival Triumph ship is slowly towed by tugboats into an Alabama port, the company’s public relations team is in crisis mode, trying to spin this as an exceedingly rare occurrence.

Certainly, it’s far from the pristine images these companies want to project, but it’s not really all that rare – at least with regard to the kind of fire that caused this mess in the first place. Nearly the exact same situation happened aboard another Carnival cruise ship off the coast of Mexico in 2010. In the interim, there have actually been 10 cruise ship fires, and those are only what was reported by news crews. In a number of cases, including this most recent, the ship became either partially or completely disabled.

Recent Congressional hearings held on the issue of cruise ship passenger safety revealed that nearly 80 cruise ship fires erupted aboard occupied ships over the last 20 years.

In one case, a ship’s engine actually failed and caused it to float adrift in pirate-infested waters off the coast of Indonesia.

Of course, if you were listening to the cruise lines, you would never know about any of these incidents. Many times, the PR flack will either downplay the severity of an onboard fire or even outright deny it happened.

In fact, the industry does a stellar job of selling the entire experience as a safe and affordable family vacation. Certainly, no one would deny it is cheap – but that’s in large part due to the fact that many of these firms are incorporated in Third World countries, which means they can get away with paying their crews low wages and few benefits. It also means they can flout not only federal labor laws and taxes, but also standard safety regulations.

So even ships with English names departing from American ports may have no obligation to abide by U.S. laws.

It’s worth noting that a ship has to pass an annual inspection in whatever country it plans to enter, but the inspector for the U.S. – the Coast Guard – is unfortunately woefully unequipped and underfunded.

In addition to fires, mass illness is also a major problem aboard these vessels. In many cases, ill crew members are loathed to speak up or take the day off because they know they will simply not be paid. Cruise lines often blame passengers for the quick spread of these viruses, saying many don’t wash their hands. But the Centers for Disease Control has clearly indicated that contaminated water and food are the primary source of these potentially deadly ailments.

And just as the crews are worked tirelessly and with little pay, the ships themselves are often pushed to the brink. That’s because a ship that isn’t at sea isn’t raking in any money.

This situation is prompting Carnival to dock the Triumph for at least the next two months – a move they no doubt made begrudgingly and only after heavy incoming fire from the national media.
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