Negligence Category Archives - Page 4 of 15 - South Florida Injury Lawyer Blawg Published by Miami Accident Attorneys

Crush Injuries in Florida

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

Crush injuries are some of the most painful and devastating injuries a person can suffer. If you have sustained a crush injury in an accident that was not your fault, you may be able to recover compensation for your harm. With years of experience, our diligent Miami personal injury lawyers are prepared to represent you in all aspects of your case. At the Law Offices of Robert Dixon, we can provide the advocacy and legal counseling you need to deal with a crush injury. Filing a claim is time-sensitive, which means it is imperative to contact a lawyer as soon as possible after your injury.

A crush injury typically occurs when force or pressure is put on a body part, causing that body part to be crushed. This most often happens when part of the body is squeezed between two heavy objects. For example, a person’s arm could be crushed if elevator doors shut on it. Another example would be if a big rock or boulder fell on your foot, crushing it. The injuries resulting from these kinds of accidents can range from minor bruising to severe crushing that could result in amputation and even death. Other consequences of crush injuries can include lacerations, fractured bones, nerve damage, compartment syndrome, and paralysis.

If you have suffered a crush injury because of someone else’s actions, you should file a negligence claim against the at-fault party. To establish negligence, the victim must show that he or she was owed a duty of care, that the defendant breached the duty of care, and that the victim’s injuries were a direct result of the defendant’s breach. The duty of care refers to each person’s obligation to use the level of care and caution that a reasonably prudent person would use in the same or similar circumstances.

Preponderance of the Evidence Standard in Florida Civil Cases

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

Careless conduct causes injuries and even deaths in Florida and across the United States on a daily basis. If you or your loved one has been hurt in an accident caused by someone else’s negligence, you need to reach out to a seasoned Miami accident attorney who can assess the merits of your case. At the Law Offices of Robert Dixon, we have years of experience and know how to establish fault in personal injury cases. You can trust that we can uncover the facts of your case and determine the viability of your claim.

Most personal injury cases are rooted in the theory of negligence. Negligence occurs when a person is injured or killed due to another party’s failure to use reasonable care. Reasonable care is defined as how a prudent person would act in the same or similar circumstances. In order to establish negligence, the injured party has to demonstrate the following elements: i) the at-fault party owed a duty of care to the accident victim; ii) the at-fault party breached the duty of care owed to the accident victim; and iii) the at-fault party’s breach was a direct and proximate cause of the accident victim’s injuries. In some cases, negligence takes place when a person fails to act when there is a duty to do so.

The burden of proof in negligence cases falls on the plaintiff, who must show negligence by a ‘preponderance of the evidence.’ Under this standard, also known as the ‘greater weight of the evidence’ standard, the party who has the more persuasive and convincing force and effect of the evidence in the case will prevail. Another way to think about this standard is to think about the scales of justice – if the plaintiff’s evidence outweighs the defendant’s evidence, even by a marginal amount, the plaintiff will win the case. Essentially, the plaintiff must prove that their assertions are more likely true than not. If they have proven the case to a 50.1 percent degree of certainty, they will succeed. However, if the plaintiff cannot reach this threshold, the defendant will win.

The Element of ‘Causation’ in Florida Personal Injury Cases

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

If you have been hurt in an accident caused by someone else’s negligence or wrongful act, you need to reach out to a skilled Miami personal injury attorney who can assess the merits of your case. At the Law Offices of Robert Dixon, we are committed to helping our clients understand their rights and helping them secure the compensation they deserve for their harm.

Negligence is a fundamental concept in personal injury cases. Personal injury cases are a way for people to be compensated for the wrongdoings of a third party that culminated in their sustaining an injury. Examples of serious accidents include car accidents, truck accidents, motorcycle accidents, pedestrian accidents, defective product incidents, medical malpractice, slip and falls, and construction accidents.

Personal injury cases are typically rooted in the theory of negligence. Negligence takes place when an individual causes an injury or death by failing to use reasonable care in their actions. Reasonable care is defined as how a prudent person would act under the same or similar circumstances. It is important to note that negligence can also occur when a person fails to act when he or she had a duty to do so. In order to establish negligence, the plaintiff must establish:

The defendant owed the plaintiff a duty to use reasonable care;
The defendant breached the duty;
The defendant’s breach was a direct and proximate cause of the accident and the plaintiff’s resulting damages.

Bike Lane Accidents in South Florida

Published on: September 20, 2017 | by Law Offices of Robert Dixon

Riding a bicycle is a great way to stay active and healthy. It is also an environmentally friendly form of transportation. Unfortunately, even when there are designated bike lanes, a number of people are injured in bicycle accidents in Florida and throughout the United States each year. If you or someone close to you has been injured while riding a bike in a bike lane, you may be entitled to compensation for your harm. At the Law Offices of Robert Dixon, our skilled Miami bicycle accident attorneys are committed to holding negligent parties accountable for the harm that they cause.

Sadly, Florida leads the country in bicycle deaths. According to the Centers for Disease Control and Prevention, Florida ranks first in the top 10 states for bicycle fatalities with 0.57 deaths per 100,000 people. In 2015, there were 120 people killed on bicycles in Florida, accounting for 16.5 percent of all bike deaths in the nation.

A bike lane is a lane on the road that is specifically marked for bicycle use. Under Florida Statute 316.2065, when there is a designated bike lane, cyclists must ride in that lane except for certain reasons. If there is no bike lane, a bike rider does not necessarily have to use the sidewalk even if there is one present. In Florida, a bicyclist has every right to use the street in Florida. If a bicyclist does decide to use the road, however, he or she must ride as close to the right hand curb or edge of the roadway as possible.

Falls in Florida Caused by Loose, Uneven, or Torn Carpets or Rugs

Published on: March 20, 2017 | by Law Offices of Robert Dixon

Carpets, rugs, and floor mats can cause individuals to fall and sustain serious injuries. Many times, this happens because the carpet, rug, or floor mat was not properly secured to the ground or has uneven edges that pose a risk to those walking on them. If you have been injured in a slip and fall on someone else’s property, you may be able to recover compensation for your injuries and hardship.

A slip or trip and fall occurs when your foot strikes something that causes you to lose your balance. Floor mats and rugs can be dangerous when they are not slip resistant on the top and bottom sides. Sometimes, an individual will step on a floor mat or rug, and the entire thing will slide forward, causing the individual to fall. Edges of carpets that get twisted and bunched up also pose a hazard to people who may be susceptible to tripping over them.

Slip and falls involving carpets and rugs can lead to serious injuries, such as broken bones, broken wrists, fractures, cuts and scrapes, torn ligaments, sprains, concussions, and even death.

Broken Glass Injuries in Automobile Accidents

Published on: March 20, 2017 | by Law Offices of Robert Dixon

Broken glass injuries can be some of the most serious injuries suffered in a car wreck. When broken glass flies through the air, it poses a serious threat to everyone in the vehicle. If you have been injured by broken glass in an accident that was not your fault, you need to seek the help of a Miami car accident attorney who can determine whether or not you may be entitled to compensation.

A broken windshield and broken windows can cause pieces of glass to dangerously fly in every direction in the car. Newer vehicles are equipped with windshields that are designed not to shatter on impact. However, these designs are not always effective in high-velocity wrecks. Broken glass can cause a variety of injuries, including surface level cuts, deep level lacerations, severed limbs, and shock. In the most serious cases, a person could bleed to death due to a broken shard of glass striking a main artery.

Tanning Bed Injuries in Florida

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

Tanning beds are quite a common way of getting a tan in Florida and throughout the United States. While most people get a tan without incident, the reality is that tanning devices can pose serious hazards. If you or someone close to you has suffered tanning bed injuries, it is important to reach out to a seasoned Miami injury lawyer who can assess the facts of your case and determine whether or not you have a viable legal claim.

Indoor tanning takes place when an individual uses a tanning bed, booth, or sunlamp to get tan. According to the 2015 Youth Risk Behavior Surveillance System, many teenagers tan indoors, including seven percent of all high school students, 11 percent of high school girls, and 16 percent of girls in 12^th grade. In Florida, there are currently more than 900 tanning facilities with over 4,000 tanning devices that are licensed by Florida country health departments.

Bed Bug Injuries in Florida

Published on: February 23, 2017 | by Law Offices of Robert Dixon

Bed bug infestations are a legitimate concern in Florida hotels, motels, and other public facilities. If you or someone close to you was harmed due to a bed bug infestation, it is important to reach out to a skilled Miami injury attorney who can evaluate your case. With years of experience, we can advocate for your rights at every step of the way and help you seek the compensation you deserve for your harm.

We represent clients in all types of bed bug cases. This includes apartment bed bug cases, hotel bed bug cases, rental furniture bed bug cases, mattress bed bug cases, and more.

Bed bugs are parasitic insects that feed exclusively on blood. They are small, oval, and brownish in color. They do not fly, although they can move at a quick speed over various surfaces. Bed bugs do not live in nests. Instead, they live in groups in hiding places, such as a mattress, box spring, bed frame, headboard, and any other place where they have access to people. A 2011 survey conducted by the National Pest Management Association found that one out of five Americans has had a bed bug infestation in their home or knows someone who has encountered bed bugs at home or in a hotel.

Fireplace Injuries in Florida

Published on: February 23, 2017 | by Law Offices of Robert Dixon

Fireplaces can be a beautiful focal point for any room, but the reality is they can also be dangerous. The unfortunate reality is that severe fireplace burns cause serious pain to a number of people each year. If you or your child has been burned in a fireplace accident, you may be able to file a claim and seek compensation for your injuries.

Most homes nowadays have fireplaces with glass fronts. These glass fronts can be extremely hot. In fact, temperatures can reach between 446°F and 1,328°F within industry standards, depending on the type of glass that is used. These glass doors can remain hot for hours after the fireplace has been switched off. Touching the glass can cause serious burns, such as third-degree burns, even if contact with the glass only lasted a second or two. Children, who are curious by nature, are often the most susceptible to burns.

Legal liability for fireplace burn injuries may be rooted in one of two legal theories: product liability or negligence.

Florida Motorcycle Helmet Laws

Published on: February 10, 2017 | by Law Offices of Robert Dixon

Motorcycle accidents can lead to devastating and long-term consequences for a rider. If you have been injured in a motorcycle accident that was not your fault, you should reach out to a skilled Miami injury attorney who can assess the merits of your case. At the Law Offices of Robert Dixon, we understand the nuances of personal injury law and can put this knowledge to use in your case.

Florida helmet laws have changed several times in the last few decades. After repealing most of the provisions in the mandatory helmet law in 2000, Florida updated the law in 2010 due to statistics that showed the number of deadly crashes had increased by 21 percent.

Florida’s motorcycle helmet law is codified in Florida Statutes section 316.211. Under this law, an individual may not operate or ride upon a motorcycle unless the individual is properly wearing protective headgear that is securely fastened upon his or her head, which complies with federal safety guidelines. The following provisions are perhaps the most important: