Orlando injury lawyer

Published on: May 4, 2018

Florida Product Liability Injuries and Safer Alternative Design

If you are injured by a product – whether it’s a defective vehicle or a faulty power tool – proving the manufacturer (or anyone in the chain of distribution) liable involves (per the Third Restatement of Torts) the existence of alternative design the main test to ascertain whether a product is defective. This provision holds that a product is defective in design only when the foreseeable risk of harm posed by that product could have been reduced or avoided by the adoption of a reasonable alternative design by the seller.

However, many states have been highly critical of this test, and Florida is one of those places wherein it’s been explicitly rejected. In 2015, the Florida Supreme Court in the 68-page ruling of Aubin v. Union Carbide Corp. held that it would retain the approach of the Second Restatement of Torts (which does not place this additional burden on consumers). The court ruled that in some instances in strict liability claims, the Third Restatement might shield manufacturers from all liability for products that are unreasonably dangerous simply because an alternative design for that product might be unavailable – even when, in some cases, the product may be in defective condition that’s unreasonably dangerous to the user. Further, the Third Restatement runs contrary to case law precedent set in this state, the court held.

However, federal courts often still use this test (though state law may still be applied). But as a recent case before the Fifth Circuit Court of Appeals shows, there is still opportunity to prevail. Continue reading →

Published on: October 29, 2017

Halloween Safety Urged for Children During Trick-or-Treat, Parties

By Dean Freeman

For many kids, Halloween – and of course, trick-or-treat – is highly anticipated and the source of many magical childhood memories. However, there are also a host of frightening dangers lurking on Halloween that have nothing to do with ghosts or goblins.

Attorneys for child injury victims in Orlando are committed to helping raise awareness of some of the most common child Halloween injuries, in the hopes families will face fewer emergency room trips this year.

From traffic safety to pumpkin carving to candle hazards, the hazards are seemingly endless.

Continue reading →

Published on: February 11, 2017

Entila v. Cook – Co-Worker Can Be Liable for Negligence if Not Acting in Course/ Scope of Employer

By Dean Freeman

Typically if you are injured at work, you should be able to collect workers’ compensation insurance. However, because workers’ compensation is considered an “exclusive remedy,” your employer is immune from further litigation related to that injury – even if the company was negligent. There are a few exceptions, but they are very narrow.

What’s more, this immunity extends also to co-workers who are acting in the course and scope of employment. That means even if your co-worker does something that is extremely careless and you wind up hurt, you still can’t sue them. But (there’s always a “but”) there could be an exception if your co-worker was not acting in the course and scope of employment. This would apply to an extremely narrow set of circumstances, particularly if the plaintiff qualified for workers’ compensation. However, it is possible, as the recent Washington Supreme Court case of Entila v. Cook illustrates.

According to court records, defendant and plaintiff were both employees of the same company. One was heading into work, and one was leaving. The injury occurred as plaintiff was crossing the street on an access road belonging to the company, while defendant, operating his personal vehicle on that same road after finishing his shift. Defendant struck plaintiff with his vehicle, causing plaintiff to suffer serious personal injuries. Continue reading →

Published on: December 28, 2016

Report: Sleep-Deprived Drivers No Better Than Drunk Drivers

By Dean Freeman

One of the greatest risks on the road is drunk drivers. We all know that. But another hazard that is equally dangerous – and gets far less ink – is drowsy driving.

A recent study released by the AAA Foundation for Traffic Safety opines that acute sleep deprivation exponentially increases the risk of an auto accident. In fact, even mild sleep deprivation ups the risk. Drivers who slept for less than seven hours in the previous 24 hours and also drivers who slept for one hour less than normal had a “significantly elevated crash risk.” As compared to drivers who slept 7 hours or more in the preceding 24 hours:

Drivers who slept 6-7 hours had 1.3 times the crash rate;
Drivers who slept 5-6 hours had 1.9 times the crash rate;
Drivers who slept 4-5 hours at 4.3 times the crash rate;
Drivers who slept less than 4 hours had 11.5 times the crash rate.

Meanwhile, drivers who slept 1 to 2 hours less than their usual rate had 1.3 times the crash rate. Meanwhile, those who slept 4 or more hours less than their usual had 10.2 times the crash rate. Continue reading →

Published on: December 21, 2016

Piotrowski v. Menard – Trip-and-Fall Lawsuit

By Dean Freeman

In the height of this holiday shopping season, patrons should feel safe when they get to the store. That means there should be adequate security and lighting. Boxes should be safely stacked. Spills should be promptly cleaned up. Employees should be regularly checking the site for possible hazards to minimize the risks.

Property owners owe business invitees the highest duty of care to make sure the site is free of unreasonable hazards. However, if a patron does encounter a danger and is injured as a result, he or she will still face challenges in asserting liability and obtaining compensation. Specifically as it pertains to slip-and-fall hazards, F.S. 768.o755 spells out the stringent proof burden plaintiffs have to meet in order to prevail in an injury lawsuit against a business. In these cases, plaintiff has to show:

The business had actual knowledge of the dangerous condition.
The dangerous condition existed for such a length of time that, had the business been using due care, the business establishment should have known about it.
The condition occurred with regularity and was therefore foreseeable.

Continue reading →

Published on: March 23, 2016

Pedestrian Accident Deaths a Growing Problem Nationally

By Dean Freeman

Pedestrian accident deaths have been a significant issue in Florida for decades. This is largely a result of our streets being designed primarily for motor vehicle traffic – wide roads, high speed limits and few safe spaces to walk or opportunities to cross.

But it’s increasingly becoming a major problem on a national scale.

The new Spotlight on Highway Safety Report, released by the Governors’ Highway Safety Association (GHSA), reveals the pedestrian fatality count for 2015 (when it’s released) is expected to have increased 10 percent over 2014. That would be the largest year-over-year increase since national records have been kept.

As researchers put it, “We are quite alarmed.” Continue reading →

Published on: July 6, 2015

Sarkisian v. Concept Restaurants, Inc. – Slip-and-Fall on Wet Dance Floor

By Dean Freeman

When someone takes to the dance floor, they may want to “get down,” but they usually don’t actually mean “on the ground.”

Unfortunately, when bars, nightclubs and other entertainment establishments allow drinks – alcoholic or otherwise – on the dance floor, patrons are at-risk for a slip-and-fall injury.

What started as a night of fun and revelry quickly becomes a trip to the emergency room, and in some cases, an extensive recovery with time off work or worse.

Continue reading →

Published on: May 12, 2015

Payment to Florida Injury Victims Gets Lawmaker Approval

By Dean Freeman

More than a dozen people injured or killed due to the negligence of government workers and/or agencies in Florida will finally receive the payment promised in settlements or litigation, some having waited years for legislative approval.

The reason for the wait has to do with damage caps imposed by the state on injury claims against the government. In cases where the government’s sovereign immunity protection is waived, the most a plaintiff can expect to receive is $200,000.

However, in cases where there has been a catastrophic injury or death, that amount barely covers medical expenses. Sometimes, that amount isn’t enough even for that, let alone loss of earnings or damages for pain and suffering. The only way a higher amount can be paid – even if the government agency concedes negligence and agrees to pay it – is with legislative approval. That means a bill must be introduced and approved by state lawmakers.

Continue reading →

Published on: May 4, 2015

$63M Defective Product Verdict Affirmed in Child Injury Case

By Dean Freeman

The case of Reckis v. Johnson & Johnson is a victory not just for a young girl and her family, who endured unimaginable suffering and whose lives have been forever altered, but also for consumers nationwide.

Massachusetts Supreme Judicial Court Justices recently affirmed a $63 million judgment in favor of the family – $50 million for the girl and $6.5 million for each parent – following a case that began with a slight fever and a few doses of ibuprofen.

The girl was just 7 when she complained to her dad of a stuffy nose. He noticed she was warm too. Like countless other parents in the same situation, he purchased a bottle of Children’s Motrin, produced by a subsidiary of defendant manufacturer Johnson & Johnson. He read the label on the bottle and noted nothing alarming.

Continue reading →