South Florida Injury Lawyer Blawg

Articles Posted in Negligence

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When you’ve been injured due to someone else’s carelessness, you can typically file a negligence lawsuit to seek financial compensation for your injuries. Negligence is the failure to take reasonable care in one’s actions or omissions that causes harm or injury to another. Put another way, negligence is the failure to do something properly that results in damage to someone else. Under Florida law, a personal injury lawsuit must be filed within four years from the date of the accident.

In order to establish negligence a plaintiff must prove the following elements: 1) the defendant owed plaintiff a duty of care; 2) the defendant breached the duty of care owed to plaintiff; 3) the defendant’s breach caused the accident; and 4) the plaintiff suffered harm or injury as a result. Generally, a duty of care arises when one person undertakes an activity that could potentially harm another. For example, a duty of care exists from one driver to another. The duty of care refers to the obligation of an individual to act in a way that a reasonably prudent person would act in the same or similar circumstances.

In Downs v. U.S. Army Corps of Engineers, the Court of Appeals for the 11th Circuit held that a plaintiff suing a defendant under the theory of negligence must demonstrate the defendant owed that person a duty of care and that the defendant’s breach was the direct cause of plaintiff’s injuries. Continue Reading ›

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When an individual is about to engage in recreational activities such as go-karting, sky diving, zip-lining, para-sailing and other physically rigorous activities, that individual will usually be asked to sign a waiver. A waiver is a document which evidences the intentional relinquishment of a right, claim or privilege. A waiver essentially communicates the fact that the person undertaking the activity understands that he or she may get hurt or killed and, if that happens, the entity hosting or administering the activity will not be liable. Business establishments use waivers to relieve themselves of liability in the event of an accident or injury. Most states have their own laws governing the clarity requirements of waivers. In the state of Florida, waivers must be sufficiently clear in order to be enforceable.

In Gillette v. All Pro Sports, the plaintiff was injured at a recreational go-karting facility known as All Pro Sports. The plaintiff claimed that an All Pro Sports employee increased the speed of the go kart, causing her to lose control of the vehicle and crash into the railing. The plaintiff subsequently sued All Pro Sports for her injuries under the theory of negligence.

The trial court granted the defendant’s motion for summary judgment, finding that the waiver and release from liability that plaintiff had signed was enforceable. The court noted that in order for a waiver to be effective, “the wording of such clauses must be so clear and understandable that an ordinary and knowledgeable person will know what she or he is contracting away.” Here, the trial court concluded that the terms and language of the waiver were clear enough for the plaintiff to understand and consent to. Continue Reading ›

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As a general rule, individuals are not liable for the acts of third parties unless a special relationship exists. A parent/child or guardian/child relationship constitutes one of those special relationships. Almost every state in the United States has laws known as “parental responsibility laws” and imposes some degree of civil liability on parents for torts committed by their children. In Florida, certain statutes outline which of their children’s actions they will be responsible for.

Parental responsibility laws hold parents and legal guardians responsible for certain acts of their minor children. A minor is defined as a person under the age of 18 in the state of Florida. Thus, the legal principles discussed here will only pertain to actions of a child under the age of 18.

In Florida, a parent or guardian may be liable for their child’s negligence in certain contexts. Negligence is the failure to use reasonable care in an act or omission that leads to injury or harm to another. Reasonable care is defined as acting how a prudent person would act in the same or similar circumstances. In short, negligence is the failure to take proper care when doing something. Continue Reading ›

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Every year, thousands of people are injured on Florida roads, and tragically some are even killed. Unfortunately many of these accidents could have been prevented if the driver exercised reasonable care behind the wheel. While liability is clear when a negligent driver gets into an accident, what happens when a car owner lets another person drive his or her car and that person causes an accident? In this situation, Florida law allows the injured party to take legal action against both the driver and the car owner under the dangerous instrumentality doctrine, which is rooted in negligence.

The dangerous instrumentality doctrine is a common law rule that holds the owner of a fundamentally dangerous tool responsible for any injuries caused by the use of that tool. The doctrine applies to motor vehicles in that car owners may be responsible for any damages suffered by third parties as a result of negligent driving of the car, when the car is driven with the owner’s knowledge and permission.

In Roman v. Bogle, the lawsuit arose from a tragic car accident in which the driver and his passenger were killed when the car ran a red light and was hit by a truck. The passenger’s mother (Roman) filed suit against the driver’s estate as well as the driver’s father (Bogle), claiming that the father, as the owner of the car, was liable under the dangerous instrumentality doctrine. It is important to note that Bogle was not in the car at the time of the accident. Continue Reading ›

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When you’ve been injured in any type of accident, whether it is a slip and fall, a car wreck, or a pedestrian accident, you may have suffered damages. Damages are defined as the amount of money needed to compensate an accident victim who has been harmed by another person’s negligence or misconduct. There are two general categories of damages:  economic and non-economic. Economic damages include medical bills, lost income and benefits, future lost income, loss of support and services, property damage, and any other economic loss arising from the accident. Non-economic damages include pain and suffering, mental anguish, and inconvenience.

Non-economic damages can be difficult to prove, since there is no set way to quantify them as we can quantify the loss of a car or a hospital bill. Consider pain and suffering, which is the legal term for physical and emotional stress that stems from your accident. Factors that you might consider in this category include aches, pains, temporary or long-term physical limitations, depression, scarring, or overall reduced quality of life.

It is important to note that the plaintiff has the burden of proof in a negligence case, which includes proving liability as well as damages. Since pain and suffering is challenging to prove, it is important for victims of accidents to document their feelings and experiences after an accident. Memories fade, and once time passes you may not remember how severely the pain disrupted your life. This is exactly why having a journal or pain log that keeps track of your injuries and how they adversely affect your daily life is critically important. Detailing the type of pain, the frequency of the pain, the duration of pain, the severity of the pain, and the feelings associated with the pain could truly make all the difference when it comes to proving pain and suffering in your case. Continue Reading ›

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The sunny weather in Florida is conducive to lots of outdoor activities, such as rollerblading, bike riding, and walking through the cities. The last thing you want to worry about when you venture out for a brisk walk or a nice stroll is a car hitting you. Unfortunately, the reality is that pedestrians accidents happen frequently throughout Florida. In fact, a recent report published by the National Complete Streets Coalition and Smart Growth America highlights that Florida leads the nation when it comes to dangerous areas for pedestrians. Statistics indicate that 1,539 pedestrians have been killed in South Florida over the past 10 years.

Under Florida law, where sidewalks are provided, a pedestrian must not walk on the road but rather should always use the sidewalk. Where a sidewalk is not provided, a pedestrian can walk on the road but must be cautious. According to a Florida statute, pedestrians have the right of way on marked crosswalks, and they should move upon the right half of the crosswalk. Failure to adhere to these laws can result in a noncriminal traffic infraction, known as a pedestrian violation.

Even when pedestrians take all the right steps and precautions when crossing the street, they can still be injured due to the carelessness of vehicle drivers on the road. Drivers collide with pedestrians due to distracted driving, intoxicated driving, speeding, failing to yield, or simple inattentiveness that causes them not to realize the pedestrian is there. Pedestrian accidents can happen in a variety of ways, including head-on collisions with vehicles, roll-over crashes, and bicycle accidents. Continue Reading ›

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When you make the difficult decision to put your loved one in a nursing home, you want to have the peace of mind in knowing that his or her basic needs will be addressed. Unfortunately, in many cases, not only are elders neglected in nursing homes, they are abused by the very people who are supposed to take care of them. The consequences of nursing home negligence and abuse can be devastating for the victim and their families.

Nursing home negligence is a huge problem in the United States. The Florida Healthcare Association reports that there are 682 nursing homes in Florida that are 85% occupied at any given time. The high number of residents in nursing homes signals the sheer number of people who are vulnerable to neglect and abuse.

While every situation is different, some of the common signs of neglect or abuse include: 1) complaints or accounts of verbal abuse; 2) signs of physical abuse, such as cuts, burns, or bruises; 3) odd or bizarre behavior; 4) rapid weight change; 5) bed sores or pressure sores; 6) emotional withdrawal; or any other signs that would signal less than ideal living conditions. Continue Reading ›

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Property owners in Florida have a legal obligation to keep people on their land safe. This includes commercial business owners, property managers, and landlords as well as all other types of property owners. When property owners are negligent in providing basic security for the premises, they can be held liable if someone is injured or personal property has been stolen or damaged. The rationale is to prevent foreseeable harm to patrons, customers, or residents on the property.

Negligent security torts typically assign fault to a security provider. Examples of security providers are security guards on a particular site, apartment or condominium doormen, bouncers at a nightclub, and actual property owners. The lawsuit alleges that the security provider failed to do its job by failing to properly secure the premises.

Negligent security cases often arise when someone is mugged, assaulted, sexually assaulted, or otherwise harmed on a property because of insufficient security. In these instances, the victim can sustain serious physical and emotional injuries. Even if the perpetrator of the crime escapes and cannot be held liable, the victim can bring a lawsuit against the property owner if the property owner did not provide basic safety measures that could have prevented the harm. For example, the owner of a nightclub has an obligation to hire sufficient security staff in case a fight breaks out. If the owner fails to do so and someone is injured on the premises, the victim can bring a claim if he or she can show that additional security would have been able to stop the fight and prevent or mitigate the harm. Continue Reading ›

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In a moment, your life can change forever. Suffering from any type of injuries, big or small, can be an unnerving experience. When the injury is so severe that it has a long-term impact on your day-to-day life, the experience can be downright traumatic. Victims who suffer serious long-term injuries also have to deal with the emotional, mental, physical, and financial consequences that typically accompany such an injury. South Florida personal injury attorney Robert Dixon is committed to helping victims of serious and catastrophic injuries get the compensation they deserve. While no amount of money can ever make up for an accident, it can help ease the burdensome costs arising from the accident.

What Causes Catastrophic Injuries?

Negligent behavior varies from cases to case, as do the injuries that result from different accidents. The types of accidents that are most commonly associated with catastrophic injuries in the state of Florida include:

  • Car accidents
  • Truck accidents
  • Motorcycle accidents
  • Work-related accidents (e.g., construction accidents)
  • Boating accidents
  • Biking accidents
  • Pedestrian accidents
  • Fire
  • Chemical-related accidents

Continue Reading ›

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