Negligence Category Archives - Page 11 of 15 - South Florida Injury Lawyer Blawg Published by Miami Accident Attorneys

Young Ocala Couple and One Other Killed, Several Injured in Heartbreaking Lecanto Auto Accident

Published on: August 31, 2015 | by Law Offices of Robert Dixon

A tragic car accident in Lecanto last month took the lives of a 22-year-old couple involved and left their three-year-old daughter, who was riding in the back seat, seriously injured. The five occupants of the other vehicle involved were also each injured, and one of them, a 73-year-old woman, died from her injuries at the Shands Hospital in Gainesville the following afternoon. The exact cause of the accident is still under investigation, although it appears that authorities have been able to build a basic picture of what happened.

According to a local news article, the accident occurred after a 2008 Chevrolet Aveo with the young couple from Ocala and their daughter veered from the eastbound lane into the westbound lane for an unknown reason. The other car involved, a 2012 Toyota Prius, then hit the Chevrolet on the passenger side. The source does not mention if authorities know whether or not the drivers and passengers of either car were wearing their seatbelts.

The Dangers of Texting and Driving

There is no indication that last month’s tragic accident was caused by a driver texting or using their mobile phone in the moments leading up to the accident, but similar accidents in the past have been caused when someone takes their eyes off the road to operate their phone. The distraction that is caused by using a phone while driving has been an issue since the invention of the cellular phone, but the advancements in phone technology over the past decade have made the problem much worse. Nearly every phone has a touch screen, and phones are able to do things that weren’t possible before. It can be tempting for drivers to look up directions or a schedule really quickly online, or to read the Facebook message they were just notified of, but such decisions take their attention from the road and increase the risk of tragedy.

Duty to use AED by Florida School – Limones v. Lee County School District

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

In the state of Florida, automated external defibrillators (AED) are required at all schools that partake in the state athletic association. Furthermore, the state requires anyone who might use such a device to be trained on how to use it properly.

In the case of Limones v. School District of Lee County, a student’s family filed a lawsuit against the school district after their son died after collapsing during a soccer game. The family alleged that the school violated its statutory and common law duty by not using the AED to treat the student.

The student was 15 years old and was playing soccer in a competition at a neighboring school in the same county. During the game, the student collided with another player and immediately collapsed. Moments later, it was evident that the student was not getting up. The coach went to check on the student. The student still did not get up. The coach tried to converse with the student for an estimated three minutes until the student stopped breathing and lost consciousness.

Rollover Accidents in Florida

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

If you or someone close to you was injured in a rollover accident, we can help. Rollover accidents can have devastating and long-term consequences for everyone involved. At the Law Offices of Robert Dixon, our skilled Miami accident attorneys have helped many South Florida clients seek the justice and compensation they deserve for their harm. We can diligently investigate the facts of your case and try to hold the at-fault party accountable.

Rollover accidents happen for a number of reasons, ranging from a driver making a dangerously sharp turn to being hit by another vehicle. The National Highway Traffic Safety Administration (NHTSA) estimates that 55 percent of fatalities in a single-car crash involved rollovers. The NHTSA also reports there are approximately 280,000 rollover car accidents each year in the United States. In some years, rollover accidents have caused up to 10,000 deaths.

Rollover accidents are often caused by the negligence of another driver. Negligence refers to the failure to exercise reasonable care when driving. Reasonable care is defined as how a prudent person would act in the same or similar circumstances. As a result, what is considered reasonable will vary depending on the situation. For example, an SUV driver who makes excessively sharp turns at high speeds would be considered negligent if he caused a rollover accident and the resulting harm in this manner.

Roller Skate and Skateboard Accidents in Florida

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

Florida weather lends itself to many outdoor activities almost all year round, including roller skating and skateboarding. While these activities offer a thrill, roller skating and skateboarding accidents can lead to serious injuries. Even with protective gear, the risk of injury comes from the speed and body exposure involved. If you’ve been hurt in a roller skate or skateboard accident, you may be able to seek compensation for your harm.

In the state of Florida, there are certain laws that individuals must follow when they are operating roller skates of skateboards.

Generally, no individual on roller skates, or riding on any coaster, toy vehicle, or similar device, may go upon any roadway unless it is to cross the street on a crosswalk. When that individual is crossing, such a person is granted all rights and is subject to all duties applicable to pedestrians.

Negligent Entrustment in Florida Jet Ski Accident Case

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

In the case of Gozleveli v. Kohnke, Florida residents Tamer and Farideh Gozleveli purchased two new jet skis for their family to use – including their adult son, Aydin. In February of 2012, Aydin, his friend Ryan de la Nuez, and Karen Kohnke met up to ride the jet skis. For most of the excursion, Ryan operated one jet ski, while Kohnke rode as a passenger. Aydin operated the other jet ski. Sometime later, Ryan allowed Kohnke to take over and drive the jet ski he was originally operating. Aydin did not initially realize that Kohnke was driving. However, when he did notice, he did not take any actions to demand that Ryan drive instead of Kohnke. Aydin eventually asked Kohnke to follow him home.

On their way back, Kohnke allegedly lost control of the jet ski and crashed into a nearby dock. The accident led to the woman suffering a number of serious injuries. In fact, Kohnke had to spend two months in a medical facility to recover. Subsequently, she filed a negligent entrustment claim against Aydin in the Southern District of Florida.

Tailgating Accidents in Florida

Published on: July 8, 2015 | by Law Offices of Robert Dixon

Tailgating is a major problem in Florida and throughout the United States. Every year, a number of people are injured in accidents caused by tailgating drivers. If you have been injured in this type of accident, it is important to seek the help of a skilled Miami injury attorney who can get you the justice and compensation you deserve for your harm. While we aim to settle every case, we are not afraid to vigorously advocate for you in the courtroom if necessary.

Tailgating occurs when one driver follows the vehicle in front of it too closely, almost riding its tail. The National Highway Traffic Safety Administration (NHTSA) classifies tailgating as a form of aggressive driving. Tailgating is a dangerous practice, and failing to keep a safe distance between vehicles can lead to horrific accidents. Some of the top causes of tailgating include road rage, aggressive driving, careless driving, distracted driving, negligent driving, and speeding to a particular destination.

An accident that was caused by a driver following too closely is a preventable one had the driver been more careful. As such, the driver may be considered negligent for failing to exercise reasonable care while driving. Reasonable care is defined as how a prudent or sensible person would act in the same or similar circumstances. As such, what is ‘reasonable’ will vary according to the specific situation. In the context of driving, a prudent person would not follow another vehicle too closely, realizing that maintaining a safe driving distance from vehicles in front of you is a critical part of driver safety.

Golf Cart Accidents in Florida

Published on: June 29, 2015 | by Law Offices of Robert Dixon

Florida is a state full of sunshine and golf courses. With the numerous pristine golf courses throughout the state, Florida residents and visitors have experienced an increase in golf cart use. Unfortunately, the increased use of golf carts also means more golf cart accidents. There are a number of types of golf cart crashes in which unprotected occupants may suffer serious harm. If you’ve been in a golf cart accident, we can help. At the Law Offices of Robert Dixon, our Miami injury lawyers can assess the merits of your case and help seek the compensation you deserve.

Many people don’t realize how dangerous a golf cart can be. Golf carts do not always have seat belts, and yet they can reach speeds of up to 40 mph. According to the Consumer Products Safety Commission (CPSC), approximately 15,000 golf cart-related injuries take place every year in the United States. There are a number of reasons that golf cart accidents may occur, including reckless driving, joyriding, inattentiveness, drinking and driving, distracted driving, and more.

In most instances, a person involved in a golf cart accident will be able to file a lawsuit against the at-fault party under the theory of negligence. In order to succeed on a negligence claim, an injured person must show that the at-fault party owed the plaintiff a duty of reasonable care that was breached and that the breach was the direct cause of the plaintiff’s injury and the resulting damages. The duty of reasonable care refers to the obligation to act as a prudent person would act in the same or similar circumstances. In Florida, a golf cart is considered a dangerous instrumentality, and the owner of a golf cart can be liable for a negligent driver.

Speeding Accidents in Florida

Published on: June 29, 2015 | by Law Offices of Robert Dixon

Speeding leads to serious injuries and even deaths on Florida roads every year. If you or someone close to you has been injured because of a speeding driver, you may be entitled to compensation for your injuries. At the Law Offices of Robert Dixon, our dedicated Miami injury attorneys have years of experience helping individuals who were victims of someone else’s careless driving. We can meticulously gather the facts of your case, develop a legal strategy for you, and work with the appropriate experts to seek a favorable outcome in your case.

Speeding is a major cause of accidents in the United States. According to the National Highway Traffic Safety Administration (NHTSA), speeding is a factor in almost one-third of traffic-related deaths. Approximately 10,000 people die each year in speed-related wrecks. The NHTSA also reports that speeding contributed to over 366 fatalities in Florida crashes in 2011.

There are many reasons why drivers speed, including a rush to reach a particular destination, inattentiveness, distracted driving, or simply for the thrill. Speeding is dangerous for a number of reasons, including the fact that it reduces a driver’s ability to control the car, more time is required for a vehicle to stop, and speeding increases the impact and severity of any collision that does take place.

Injuries at Amusement Parks in Florida

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

Every year, many people visit amusement parks. The thrill of the rides coupled with good times shared with family and friends make theme parks a popular destination. Florida is home to major amusement parks, such as Disney World, Epcot, and Busch Gardens. Unfortunately, theme park rides and attractions are not always designed or maintained properly. If you have suffered a preventable injury at an amusement park, you may be entitled to compensation for the harm you suffered. At the Law Offices of Robert Dixon, our reputable Miami accident attorneys will diligently examine the facts of your case and seek the justice you deserve.

Under Florida law, theme parks are accountable for the safety of their visitors and must follow the same basic laws that apply to other types of businesses. As a result, theme parks have a legal obligation to maintain the property in a reasonably safe condition, correct hazardous conditions, and warn patrons of known dangerous conditions. Common causes of amusement park injuries include malfunctioning rides, concession stand food poisoning, dangerous property conditions, and improper supervision of ride passengers.

There are local, state, and federal laws that mandate that amusement parks follow maintenance guidelines and conduct certain safety inspections. Additionally, amusement parks are required to create height limits for various rides, warn patrons of potential dangers, and have stringent training standards for ride operators.

Can You Be Considered Comparatively Negligent in Florida for Wearing High Heels?

Published on: May 13, 2015 | by Law Offices of Robert Dixon

When a defendant is sued, that defendant may raise an affirmative defense. Affirmative defenses are a type of defense in which a defendant presents additional facts to defeat the charges being brought. Just as the plaintiff must meet the burden of proof when bringing a claim, similarly, the defendant must meet a certain burden of proof to establish his or her affirmative defense.

In Bongiorno v. Americorp, the plaintiff slipped and fell on a slippery floor in the bathroom of her workplace. The plaintiff sustained injuries. She was wearing high heels at the time of the incident. The plaintiff filed a lawsuit against the property owner, alleging negligence. The defendant filed an answer denying liability and asserting the affirmative defense of comparative negligence. The matter proceeded to a bench trial. After reviewing the evidence, the trial court determined that the plaintiff was 50 percent comparatively negligent due to the fact that she wore four- to five-inch high-heeled shoes at the time of the accident.

The state of Florida operates under a comparative negligence system. This means that whatever amount an individual is negligent, that individual’s recovery will be limited by that amount. For example, if a plaintiff is deemed to be 40 percent negligent, that plaintiff’s maximum amount of recovery will be 60 percent. In other words, the plaintiff’s total award would be decreased by his or her fault. In this manner, the principle of comparative negligence apportions negligence among the various parties involved in the incident.