Negligence Category Archives - Page 10 of 15 - South Florida Injury Lawyer Blawg Published by Miami Accident Attorneys

The “American Rule” in the Context of Florida Personal Injury Cases

Published on: December 24, 2015 | by Law Offices of Robert Dixon

Automobile accidents, premises liability cases, and other personal injury claims fall within the scope of negligence law. Negligence is the failure to use the level of care a prudent person would use in the same or similar circumstances. In order to establish negligence, a plaintiff must demonstrate that he or she was owed a duty of care by the defendant, that the defendant breached this duty of care, and that the plaintiff suffered harm as a direct result of the defendant’s breach. A plaintiff who can show negligence is entitled to recover compensation for his or her harm.

In the United States, the losing side does not typically have to pay the winning side’s attorney’s fees. Under the so-called American rule, each party pays their own attorney’s fees, irrespective of whether they win or lose, unless there is some contract, statute, or court rule that says otherwise. This permits individuals to file claims without the fear of incurring excessive costs if they lose the case. The American rule is in contrast to the English rule, which mandates that the losing party pay the winning party’s attorney’s fees.

Car Seat Lawyers in Florida

Published on: December 17, 2015 | by Law Offices of Robert Dixon

Car seats are intended to protect children from harm in the event of a car accident. When car seats are improperly installed or defectively made, however, they may actually cause harm to the child. If your child has been harmed due to a defective car seat or because of someone’s negligence, it is important to speak to a Miami injury attorney who can assess the merits of your case. We will work hard to get you the compensation you deserve.

Florida law mandates that children up to five years old be strapped into a child car seat or booster seat when they are in a moving vehicle. The Centers for Disease Control and Prevention (CDC) reports that when children between the ages of four and eight use a car seat, their risk of severe injury decreases by 45 percent. According to the National Highway Traffic Safety Administration (NHTSA), 75 percent of car seats in use are incorrectly fitted. This puts children at risk. Even collisions at low speeds could lead to a child fatality if the child was in an incorrectly installed car seat.

Automobile Accidents Around the Holidays

Published on: December 17, 2015 | by Law Offices of Robert Dixon

The holidays are a festive time to gather with family, raise your glasses to a toast, and have a good time. Unfortunately, many people get behind the wheel after they have too much to drink. In fact, statistics show that accidents rates are often higher around the holidays. If you or a loved one has been injured by a drunk driver, it is important to seek the help of a Miami injury attorney who can help you obtain the justice and compensation you deserve for your harm.

Driving under the influence of alcohol is illegal. This does not mean you cannot have a drink, but it means that you cannot be over the legal limit when you drive. Under Florida law, an individual with a blood alcohol concentration (BAC) of .08 or above is not permitted to drive. Even driving when you feel slightly “buzzed” can create distracted and dangerous driving conditions.

Florida compiles information regarding injuries and deaths during six major holiday periods: New Year’s, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas.

Uninsured Motorist Benefits in Car Accident Cases

Published on: December 17, 2015 | by Law Offices of Robert Dixon

In Tibbets v. State Farm Mutual Automobile Ins. Co., a Florida plaintiff pursued uninsured motorist (UM) benefits from her parents’ automobile insurer after an automobile accident that took place in September 2014. At the time of the wreck, the plaintiff lived with her parents and was riding as a passenger in one of the cars insured by the policy. The insurance policy provided $100,000 in bodily injury and $100,000 in UM benefits. The plaintiff was named as a “resident relative” under the insurance policy. The driver of the car did not have permission to drive the car. In fact, the driver did not have any motor vehicle insurance at the time.

After the collision, the defendant denied liability coverage to Walker for the accident, since he did not have permission to drive the car. The plaintiff then pursued UM benefits under the defendant’s insurance policy.

Burn Injuries in Florida

Published on: December 17, 2015 | by Law Offices of Robert Dixon

Burn injuries can be extremely painful and often leave permanent scars. Unfortunately, many burn injuries happen due to accidents that could have been avoided. They may be caused by fires on property, motor vehicle collisions, flammable products, and inadequate flame retardation qualities. The American Burn Association reports that over 500,000 people are treated for burn injuries each year.

If you have suffered from a burn injury due to someone else’s negligence, you can potentially pursue compensation for your harm. Negligence is the failure to take reasonable care when engaging in a particular action. Reasonable care is defined as how a prudent person would behave in the same or similar circumstances. In order to establish negligence, the plaintiff must show that the defendant’s conduct deviated from the reasonable care standard and that this deviation was the direct cause of the plaintiff’s harm.

Florida Water Park Injuries

Published on: November 10, 2015 | by Law Offices of Robert Dixon

Water parks can be a great way to spend hot summer days. Unfortunately, each year a number of individuals get injured at water parks. This is not surprising because Florida is home to over 15 major water parks and many smaller ones. If you or a loved one has been injured at a water park, it is important to seek the help of a qualified Miami injury attorney who can assess the merits of your case.

Amusement park injuries can happen in many ways, such as operator errors, waterslide accidents, slippery surfaces, mechanical failures, slide defects, poor maintenance, or inadequate supervision. Water park accidents can result in a variety of injuries like head trauma, skull fractures, leg fractures, broken bones, arm fractures, spinal cord injuries, and more.

Florida’s Fifth District Rules for Plaintiff in Car Accident Case

Published on: October 28, 2015 | by Law Offices of Robert Dixon

Unfortunately, rear-end accidents take place every day in Florida and throughout the United States. Florida’s Fifth District Court of Appeal recently decided a case involving a rear-end collision.

In Bodiford v. Rollins, the plaintiff was waiting to make a left turn at an intersection when he was struck by the defendant’s car from the back. The plaintiff’s left turn signal was on, and he was lawfully stopped in order to turn into a local gas station.

The plaintiff sustained serious injuries as a result of the crash.

Paralyzed Victims in Florida Accident Cases

Published on: October 21, 2015 | by Law Offices of Robert Dixon

Unfortunately, each day people in Florida and throughout the United States are injured in accidents. In serious cases, accident victims are partially or completely paralyzed. At the Law Offices of Robert Dixon, we understand the devastating financial, emotional, and physical consequences that paralysis can have on an accident victim and their entire family. While no amount of money can make up for the harm, compensation can help provide the medical support and resources needed for a stable life.

Spinal cord injuries can result in either partial or complete paralysis. Paralysis of the lower extremities is known as paraplegia, whereas paralysis of both the arms and legs is known as quadriplegia.

Paralysis can happen in a variety of ways, including motor vehicle accidents, slip and fall accidents, medical malpractice cases, and acts of violence. The Mayo Clinic reports that motor vehicle accidents are the leading cause of spinal cord injuries in the United States, accounting for over 35 percent of new injuries each year. According to the United States Centers for Disease Control and Prevention, approximately 20 percent of all spinal cord injuries are caused by fall accidents.

Florida Federal Court Declines to Remand Personal Injury Case Back to State Court

Published on: September 25, 2015 | by Law Offices of Robert Dixon

In Derringer v. Cracker Barrel Old Country Store, Inc., a woman suffered an injury when an employee of a Cracker Barrel restaurant negligently struck her with a serving tray of food. She subsequently filed a lawsuit against Cracker Barrel in Florida state court. Some time later, the restaurant removed the case to federal court on the basis of diversity of citizenship.

Under civil procedure rules, when a lawsuit includes parties from two different states, and the amount of damages in the lawsuit is in excess of $75,000, either party has the choice to remove the case to federal court. The party who opts to remove has the burden of establishing that the removal is appropriate. When that party meets its burden, the case must be removed. It is significant to note that removal statutes are to be strictly construed against removal. This means that if there is any doubt as to proper subject matter jurisdiction, it should be resolved against removal.

Side Impact Collisions in Florida

Published on: September 16, 2015 | by Law Offices of Robert Dixon

Every year, a number of people in Florida and throughout the United States are injured and killed in side impact collisions. Side impact accidents can change lives in an instant. If you’ve been injured in a side impact collision that was not your fault, it is important to speak to a qualified Miami injury attorney who can assess the merits of your case and help you get the compensation you deserve for your harm. Often referred to as a “T-bone accident,” side impact collisions occur when one vehicle collides with the side of another. The United States Office of Health, Safety, and Security estimates that side impact crashes are responsible for over 9,000 deaths every year. In fact, one out of every four automobile accident fatalities in the United States is due to a side impact collision. The only other type of collision that results in more deaths on an annual basis is head on collisions.