South Florida Injury Lawyer Blawg

Articles Posted in Negligence

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Products liability and negligence are both complex areas of law, which can be difficult to parse through. In fact, it can sometimes be confusing to determine which cause of action is relevant in your case. If you have been hurt and do not know which legal grounds are applicable in your case, you should seek the help of a qualified Miami injury attorney. A recent case decided by Florida’s Fifth Circuit Court of Appeals explained the distinction between the two legal concepts in the context of products liability.

In Holmes Regional Medical Center, Inc. v. Dumigan, a recalled drug known as heparin was used on a male patient who was admitted to the hospital for cardiac bypass surgery. The hospital used the recalled drug on him, causing injury to the patient. The hospital had failed to dispose of the drug from its stock. The patient and his wife sued the hospital on a negligence claim as well as a products liability claim.

Ultimately, the issue for the court of appeals was whether the claim was on medical malpractice grounds or products liability (specifically, because of the faulty medication). Continue Reading ›

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In the state of Florida, as with other states, the owner of a property has a legal obligation to maintain it in reasonable conditions so that visitors are safe when they enter the property. If you or someone you know has been injured on someone else’s property, you should seek the help of a qualified Miami injury attorney who can assess the merits of your case. We understand this area of the law very well and can inform you of your legal options. The outcome of your case will hinge on your reason for being on the property.

In Wilshire Insurance Co. v. Poinciana Grocer Inc., a Florida appeals court has reversed a decision that obliged Wilshire Insurance Co. to defend a convenience store in a negligence suit, holding that the insurance policy coverage did not extend to allegations stemming from assault and battery allegations. Put another way, the court stated that the company did not have a duty to defend a grocery store in an underlying suit over a fight that broke out inside the convenience store.

Negligence is the failure to use reasonable care in one’s actions or omissions. Reasonable care refers to the obligation to behave in a way that a reasonably prudent person would behave in the same or similar circumstances. Negligence is a legal doctrine that is intended to encourage individuals to act sensibly so as to prevent foreseeable injury to others. Continue Reading ›

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It may seem rather obvious that when you are involved in an accident, there must be quantifiable injuries for you to be able to receive compensation. This simply means you must have sustained harm that can be remedied through compensation. The nature of the harm determines the amount of compensation one receives. If you or someone you know has been injured due to someone else’s negligence, it is important to seek the help of a qualified Miami personal injury attorney who can assess the merits of your case and get you the compensation you deserve for your injuries.

When an individual is injured because of someone else’s carelessness or recklessness, the injured party can take legal action by filing a negligence claim against the at-fault party. Negligence is the failure to take proper care when doing something. Reasonable care refers to the duty of behaving as a prudent or sensible individual would behave in the same or similar circumstances. Thus, what is considered ‘reasonable’ will vary depending on the specific situation. Continue Reading ›

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In Mendez, Jr. v. Hampton Court Nursing Center, the Third District Court of Appeal of the state of Florida has held that an arbitration contract signed by a father in a nursing home during the admission was valid even when the son was not given the power of attorney by the father to do so.

A physician who worked at the nursing home stated that he assumed that the father did not have the capacity to make serious decisions about his health and medical care. Thus, the patient’s son (who did not have power of attorney) went ahead and signed health care documents and an agreement on his father’s behalf. These documents contained an arbitration clause.

While the father was still admitted to the nursing home, his eye became infected, and it had to be taken out. At a later time, the father gave power of attorney to his son. The son eventually filed a negligence lawsuit against the nursing home for the care given to his father. Negligence is a legal principle that refers to the failure to take proper care when doing something. Put another way, negligence is the failure to take reasonable care in one’s actions or omissions. Continue Reading ›

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Every year, a number of Florida residents go on cruises. Fortunately, most cruise ship passengers come back home safely and have had a positive experience. In some cases, however, passengers are injured. If you or a loved one has been injured while on a cruise, you should seek the help of a qualified Miami personal injury attorney who can evaluate the facts of your case. Injured passengers may be able to seek compensation for their injuries if the injury was caused by the cruise line or one of its agents.

In Franza v. Royal Caribbean Cruises, LTD, the United States Court of Appeals for the 11th Circuit held that a cruise line could be vicariously liable for the alleged negligence of an on-board medical professional based on agency theory.

The facts of the case are as follows. The plaintiff filed a lawsuit against Royal Caribbean for maritime negligence after her father fell and suffered a blow to the head while on board a Royal Caribbean ship. The plaintiff’s father was seen by the onboard nurse and doctor. The ship’s nurse failed to accurately diagnose his head trauma, had him wait for several hours, and then let him go, stating no treatment was needed. The plaintiff’s family called 911 shortly after they realized that the plaintiff’s father’s condition was getting worse. According to the complaint, the cruise ship staff took 20 minutes to transport him to the infirmary and postponed treatment until they received the injured man’s credit card information. Hours later, the ship’s doctor transferred him to a Bermuda hospital, but by then his condition was not treatable. The plaintiff’s father died approximately one week after the injury. Continue Reading ›

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The injuries sustained in a bus accident are typically much more severe than those that result from other types of automobile accidents. When bus accidents happen, the consequences can be extremely severe. If you or someone you know has been injured in a bus accident, we can help you take legal action against the at-fault party and get the compensation you deserve for your injuries. We understand that this is a stressful time for your family, which is why you can expect the utmost compassion from our entire team.

The Federal Motor Carrier Safety Administration (FMCSA) reported that 11,616,105 vehicles were registered as large trucks and buses across the United States in 2010. Approximately 70,000 of those vehicles were involved in wrecks that same year, which caused injuries to about 106,000 people. On top of that, the FMCSA estimates that almost 4,000 deaths that year were due to large truck and bus accidents. The FMCSA defines a bus as a vehicle that can transport 10 or more passengers at one time.

There are a number of reasons why bus accidents can happen. In some cases, bus accidents are a result of driver negligence. This refers to the failure to take proper care in doing something. Put another way, negligence is the failure to exercise reasonable care in one’s actions or omissions. Reasonable care is defined as how a typically pragmatic person would act in similar circumstances. Thus, what is considered ‘reasonable’ will vary depending on the situation. Continue Reading ›

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Every year, a number of people in Florida get into various types of accidents and suffer personal injuries. Under state law, an injured party may seek compensation for his or her injuries from the at-fault party by filing a personal injury lawsuit. Personal injury claims are rooted in the legal principle of negligence, which denotes the failure to take proper care when doing something, which leads to foreseeable harm. Put another way, negligence law is designed to hold people responsible for their careless or reckless actions that cause injury to another.

While some cases go to trial, most cases settle out of court. Laws surrounding settlements, however, can be complex and nuanced, which is why it is always important to consult a qualified attorney who can help you understand and comply with all the procedural requirements that may come into play.

In Design Home Remodeling Corp. v. Santana, an individual was injured in a slip and fall accident while on premises owned by a condominium association. Some time later, the man and his spouse filed a lawsuit against the association, alleging negligent maintenance of the premises. The association answered by saying that another company was accountable for any negligent maintenance. As a result, the plaintiffs amended their original complaint to add the other company as a defendant, claiming that the company did not adequately warn the individual of a slippery liquid on the ground, which ultimately led to his fall. Continue Reading ›

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Every year, a number of people are hurt in the state of Florida and throughout the United States. Individuals who have been injured in a personal injury accident have the legal right to seek compensation for their harm from the party that caused the accident and resulting injuries. This is typically done through the plaintiff filing a negligence claim. Robert Dixon is a highly skilled Miami personal injury lawyer who understands what it takes to prevail on a negligence claim. The Law Offices of Robert Dixon has helped countless clients get the compensation they deserve for their injuries.

Negligence is the principle that individuals should take proper care when doing something. Specifically, an individual should use reasonable care in his or her actions or omissions so as not to cause foreseeable harm. In order to succeed on a negligence claim, the plaintiff must establish that the defendant owed the plaintiff a duty of care, the defendant failed to exercise the required duty of care, the defendant’s breach was the proximate cause of the plaintiff’s injuries, and the plaintiff incurred quantifiable damages.

Proximate cause is a legal term used to refer to direct cause. Put another way, proximate cause refers to an act that causes an injury as a natural and uninterrupted consequence, without which damage, injury, or destruction would not have occurred. The act and loss must be related with no other interference. Causation is a necessary element of a negligence claim, and it can often be tricky to prove. Continue Reading ›

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If you or someone close to you has been injured due to the negligence of another person, you can seek compensation for your injuries through a negligence claim. Issues of liability can be complex, and insurance companies can often be a nightmare to deal with. This is precisely where we come in. Robert Dixon is a highly skilled Miami personal injury lawyer who is well versed in this area of law and can help you get the compensation you deserve.

In Hubner v. Old Republic Insurance Co., the Fifth District held that a Boy Scouts of America Volunteer who was injured in a car crash when returning home from an Eagle Scout Project was deemed to be within the scope of his duties as a “registered volunteer” at the time of the accident for the purposes of insurance.

The facts of the case are as follows. Alan Norton was a registered volunteer with the Boy Scouts of America. He routinely participated in Boy Scout activities. Prior to the accident, Norton was helping a scout complete an Eagle Scout project. The project entailed cleaning up a cemetery that had become messy because of overgrown trees and debris. The cleanup effort took a few weeks in total. Continue Reading ›

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When you’ve been injured in an accident, you may be able to pursue a type of medical payment often referred to as “med pay.” While available in some auto accident cases, med pay policies are most often present at condominiums, community and homeowner associations, and retail outlets.

When it comes to premises liability cases, med pay generally refers to a contractual provision within an insurance policy that covers accidents occurring on the insured’s property. “Med pay” is typically available to anyone who is injured in the areas under the control of a business or home. Med pay is not a mandatory coverage but is often found in residential and commercial properties as a “good will” provision to insure people who may be injured on the property.

In most cases, policies simply require proof that the injury occurred and not any information regarding who was at fault. In other words, the plaintiff only needs to show causation:  that the injury resulted from an incident on the property. Once this is established, the injured individual is entitled to obtain money to pay for his or her medical bills up to a certain amount. Continue Reading ›

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