Negligence Category Archives - Page 3 of 15 - South Florida Injury Lawyer Blawg Published by Miami Accident Attorneys

School Bus Ends up in Florida Backyard Swimming Pool After Accident

Published on: November 20, 2018 | by Law Offices of Robert Dixon

Bus accidents can lead to catastrophic injuries. If you have been injured in a bus accident, you need to contact a Miami bus accident lawyer as soon as possible. With years of experience, we know how to uncover the cause of the accident and help you pursue compensation in your case. We know that it is very stressful to deal with a bus accident, which is why we will make every attempt to resolve your case with compassion.

Last week, a school bus wound up partly inside a backyard swimming pool after a separate accident involving a Jeep. The wreck took place in in the Pine Hills area where the driver of the Jeep veered to stop from hitting a lifeless cat on the road and collided into the bus, causing the bus to crash into the fence and ultimately careening into a backyard pool. The bus was carrying nine children, but fortunately no one was hurt in the wreck. The owner of the house was able to help everyone inside the bus exit the vehicle through its rear door, which stayed elevated above the edge of the pool.

Liability in Florida School Bus Accidents

Due to the sheer size and weight of buses, the injuries caused by a collision are often severe and debilitating. This is especially true on school buses where children are often young and more susceptible to harm. In the vast majority of cases, a bus accident is caused by negligence either on the part of the bus driver or another driver on the road. Negligence is the failure of one person to take reasonable care to avoid causing injury or loss to another person. The behavior typically consists of actions but can also consist of omissions when there is some duty to act. Essentially, negligence consists of any error or inattentiveness behind the wheel that leads to a preventable accident. For instance, if a truck rear ends a bus because the truck driver was texting and driving, the truck driver will likely be liable for the resulting harm.

Court Discusses Employer’s Liability in Pedestrian-Railroad Death Case

Published on: August 29, 2018 | by Law Offices of Robert Dixon

Losing a loved one is devastating, but it can feel even worse when you feel like the death could have been prevented. If you feel like your loved one’s death was due to another’s negligence, you need to reach out to an experienced Miami wrongful death attorney without delay. At our Law Offices, we are here to answer your questions and address your concerns.

In the recent case of Salerno v. Del Mar Financial Service, an appeals court issued an opinion regarding what duty an employer owes an employee. Ultimately, the court determined that the employer did not owe any duty to the employee and, therefore, could not be held accountable for the employee’s death.

The plaintiff, S.S., worked as a paralegal for a financial services firm. In June of 2013, S.S. became inebriated at work from the alcohol served by the employers. She started getting agitated at other employee and had to be escorted out of the building. As a result of her behavior, her access into the building was rescinded. S.S. began walking home, which was ten miles away. As she was walking along the railroad tracks, she was hit by an oncoming train and instantly killed.

Chain Reaction Accident Kills Soldier and Injures More in Florida

Published on: April 19, 2018 | by Law Offices of Robert Dixon

If you or a loved one has been injured in a chain reaction accident caused by someone else’s negligence, you may have legal options and should reach out to a knowledgeable Miami car crash attorney as soon as possible. At the Law Offices of Robert Dixon, we understand that the legal process is stressful, but you don’t have to go through it alone. We are prepared to answer your questions and address your concerns in regard to your case.

Earlier this year, a Florida National Guard soldier died and five others were injured in a chain reaction crash involving military vehicles in Sebring. An initial investigation revealed that three Palletized Load System vehicles (similar to a semitrailer truck) collided in a chain reaction crash. The convoy was traveling north on the highway when the third vehicle failed to stop for a red light in time and hit the second vehicle. The driver of that vehicle sustained fatal injuries and had to be extricated from the damaged vehicles. No civilians were involved in the accident.

Chain reaction accidents, also commonly known as multi-vehicle accidents, take place when more than two cars hit each other in a chain of rear-end accidents. Unfortunately, chain reaction accidents are more common than you may think. The National Highway Safety Administration (NHTSA) found that more than 15,000 people are killed in chain reaction accidents every year, and about 57.2 percent of crashes involve two or more vehicles. In addition, a total of 12 percent of the measured crashes involved three or more vehicles. The NHTSA also reports that around 40 percent of all car accident fatalities arise from multi-vehicle crashes.

Florida Customer Sue McDonald’s for Injuries Caused by Hot Coffee Spill

Published on: March 14, 2018 | by Law Offices of Robert Dixon

Burn injuries can have serious and long-term consequences for a victim. Not only are these injuries extremely painful, but also they can leave terrible scars. If you or someone close to you has suffered a burn injury in an accident caused by someone else’s negligence, you may be entitled to compensation. At the Law Offices of Robert Dixon, our Miami burn injury attorneys can analyze the facts of your case and provide you with an honest assessment of your claim.

Earlier this month, an Orlando woman filed a lawsuit against McDonalds, alleging the restaurant failed to properly secure the lid of a hot coffee cup, which led to her injuries. According to the complaint, the woman was at the drive-through at McDonald’s when an employee handed her a hot cup of coffee. As the woman took a sip, the hot coffee spilled onto her. The woman claims that the spill and subsequent injuries occurred because the McDonald’s employee did not secure the lid properly. She is seeking damages for physical injuries, mental anguish, loss of earnings, and medical expenses.

This is not the first Florida case involving a hot coffee spill. Earlier this year, a Florida woman was awarded $100,000 after a 2014 incident at a Starbucks drive-thru in Jacksonville that left her physically injured. About $85,000 of the total award was for pain and suffering, and about $15,000 was for medical bills. The woman alleged that the Starbucks employee failed to fasten the lid properly, which led to the 190-degree drink spilling all over her lap, leaving her with permanent scars from first- and second-degree burns.

Medication Errors May Cause Serious Harm to Florida Residents

Published on: January 29, 2018 | by Law Offices of Robert Dixon

While medications are used to heal, they also have the potential to cause harm if not properly administered. Unfortunately, medication errors are common both in general practice and in hospitals. If you or someone close to you has been adversely affected by a medication error, you need to speak to a skilled Miami medical malpractice attorney who can assess the merits of your case. At the Law Offices of Robert Dixon, you can rest assured that we are dedicated to examining your case and determining your legal rights and options.

A recent report published in the journal The Consultant Pharmacist highlights the importance of a comprehensive medication review after a patient was prescribed the wrong medication for over 10 years. The case involved a 69-year-old patient with paranoid schizophrenia who was brought to the emergency room following violent behavior against staff at the nursing home facility where he lived. At that time, a transcription error had occurred – a prescription for one drug was deleted, and another drug was added. During a subsequent hospitalization, the error was not discovered, but instead the dose of the wrong medication was increased.

Unfortunately, this story is not unique. Since the year 2000, the United States Food and Drug Administration (FDA) has received more than 95,000 reports of medication errors throughout the country. The FDA defines a medication error as “any preventable event that may cause or lead to inappropriate medication use or patient harm while the medication is in the control of the healthcare professional, patient, or consumer.” Medication errors can happen in a number of ways, including when the wrong medication was prescribed or given, the wrong dosage was given, the wrong directions for use were provided, or a mix of medication was administered that is dangerous when combined.

Driver Distraction in Florida Lingers Even After Texting has Stopped

Published on: January 29, 2018 | by Law Offices of Robert Dixon

Distracted driving accidents can lead to life-altering injuries. If you or someone close to you has been injured in an accident caused by a driver who was texting and driving, it is imperative to consult a skilled Miami distracted driving accident attorney who can assess the merits of your case.

Earlier this year, a study revealed that Florida ranks second only to Louisiana for distracted driving. According to EverQuote, Inc., an online insurance firm that released the study, 92 percent of drivers nationwide with cell phones used them while in a moving car. Texting while driving is one form of distracted driving that causes numerous accidents in Florida and throughout the country. The National Safety Council found that almost 330,000 injuries take place each year from accidents caused by texting and driving across the United States. In fact, 1 out of every 4 car wrecks in the U.S. is caused by texting and driving.

While drivers may think that the distraction stops after they send a text, the reality is that distraction lingers for some time afterwards. A study by the American Automobile Association found that a driver’s mind remains distracted for nearly half a minute after simply sending a text, rather than on driving their vehicle. Researchers refer to the post-cellphone use as inattention blindness, which blocks out other stimuli on the road, such as cars, traffic signs, and even pedestrians.

Florida Road Design Defects

Published on: December 28, 2017 | by Law Offices of Robert Dixon

When we get behind the wheel, we expect to drive on roads that are safe and free of hazardous conditions. Unfortunately, when roads are not properly maintained, they can lead to serious accidents and injuries. If you have been injured in an accident caused by a design defect in the road, you may be able to seek compensation for your harm. At the Law Offices of Robert Dixon, our Miami injury attorneys can use our resources and experience to help you navigate the legal process.

Poor design, shoddy construction, and insufficient maintenance can cause or contribute to serious accidents. Other dangerous issues on the road that can cause collisions include but are not limited to:

Steep embankments;

Tropical Storms and Hurricane-Related Auto Accidents in Florida

Published on: December 28, 2017 | by Law Offices of Robert Dixon

Heavy winds, rain, and flooding that take place during a tropical storm or hurricane in Florida are nothing to take lightly. These weather conditions often lead to serious car accidents that result in long-term injuries and even death. If you or someone close to you has been injured in a weather-related accident in Florida, you need to reach out to a skilled Miami auto accident attorney who can evaluate the facts of your case. You can rest assured that we will advise you on a sensible course of action so that you can get the compensation you deserve for your harm.

Each year, there are 5,870,000 auto accidents across the United States. According to the United States Department of Transportation Federal Highway Administration, approximately 23 percent of those accidents are caused by hazardous weather and poor visibility. This means that over a million crashes a year are weather-related. Weather-related crashes are defined as crashes that take place in adverse weather, such as rain, sleet, snow, fog, severe crosswinds, blowing sand, or slick pavement. The National Highway Traffic Safety Administration found that almost 6,000 people are killed each year and over 445,000 are injured in weather-related crashes on an annual basis.

Tropical storms and hurricanes can create dangerous conditions due to the following factors: poor visibility, decreased traction on road surfaces, lane obstructions, and lane submersions. These factors significantly increase the potential of an accident. When adverse conditions exist, it is the responsibility of each motorist to use additional care behind the wheel. For example, drivers should keep their headlights on and maintain a firm grip on the steering wheel at all times. Drivers should also move slowly and give other drivers plenty of space. Of course, if a motorist is caught in the center of a tropical storm or hurricane, there may be some things that are out of a motorist’s control, no matter how much care and caution that motorist uses.

Who is Liable if you are Injured on an Airbnb Property in Florida?

Published on: November 14, 2017 | by Law Offices of Robert Dixon

Airbnb has become a popular option for travelers in Florida, the United States, and even the world. Cheaper accommodations and increased privacy are just some of the reasons people choose Airbnb over traditional hotels. While most people stay at these properties without incident, the reality is that accidents do happen. If you have been injured at an Airbnb property, you need to reach out to a seasoned Miami premises liability attorney who can protect your rights. At the Law Offices of Robert Dixon, we will look into the facts of your case and come up with a legal strategy accordingly.

Airbnb is an online community marketplace that connects people looking to rent their homes with individuals looking for accommodations. Since Airbnb’s founding in 2008, 140 million guests have stayed at these properties. In cities like Paris, San Francisco, and Seattle, the size of the host-and-guest community in 2016 approached or exceeded 20 percent of the population. In 2016, the company reported more than 750,000 guests in Florida.

As with any other type of property, people can get injured at these short-term rentals. The types of injuries that can occur include:

Slip, trip, and fall accidents;
Electrical fires and burns;
Poor lighting causing accidents;
Broken furniture or cabinets injuring guests;
Broken stairs or steps causing falls or traumatic injuries; and
Broken tiles or pavers leading to injuries.

Summary Judgment in Florida Personal Injury Cases

Published on: November 2, 2017 | by Law Offices of Robert Dixon

Unfortunately, people in Florida are injured in accidents all the time. If you or someone close to you has been hurt in an accident caused by someone else’s negligence, you may be able to recover compensation for your harm. If you find yourself in a lawsuit, however, you could be faced with a motion for summary judgment, which is a request to end a case without a trial. At the Law Offices of Robert Dixon, our skilled Miami injury attorneys understand how to navigate these types of cases, including how to use and respond to certain procedural devices in the case, like motions for summary judgment.

In law, a motion for summary judgment is filed by an opposing party and claims that you cannot win your case because there is no legal dispute or because your claim is without merit. Also sometimes known as ‘judgment as a matter of law,’ summary judgment is a method to decide an issue or an entire case without going to trial. Failing to respond to a motion for summary judgment can result in your case being dismissed or a judgment being entered against you.

Under the Florida Rules of Civil Procedure, a party is entitled to summary judgment only when there is “no genuine issue as to any material fact, and the moving party is entitled to judgment as a matter of law.” The court will grant summary judgment if one side presents undisputed facts that entitle that side to win because of the existing law relating to that issue. Put another way, in order for summary judgment to be appropriate, the moving party must establish that the opposing party cannot win, even if all credibility conflicts are resolved in the opposing party’s favor. For example, if a jurisdiction requires the plaintiff in a medical malpractice claim to produce an expert witness to establish his or her case, summary judgment may be appropriate if that plaintiff cannot produce a qualified expert.