Negligence Category Archives - Page 5 of 15 - South Florida Injury Lawyer Blawg Published by Miami Accident Attorneys

The Crashworthiness Doctrine in Florida

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

If you have been injured in an accident due to the negligence of another party, it is important to speak to a seasoned Miami injury attorney who can help you seek the compensation you deserve for your harm. We can thoroughly scrutinize the facts of your case and provide you with an honest assessment of your claim.

The crashworthiness doctrine is a legal theory under which an automobile manufacturer may be liable through either negligence or strict liability for injuries a plaintiff sustained in an accident in which a manufacturing or design defect caused or enhanced their injuries. It is important to note that the crashworthiness doctrine essentially says that the manufacturing or design defect caused additional harm in an accident, although those defects did not cause the initial accident itself.

The term “crashworthiness” refers to how a car’s design reacts to an accident. Since collisions are reasonably foreseeable in the life of a vehicle, manufacturers are obligated to make vehicles that can withstand the rigors of “reasonable use.” Put another way, automotive manufacturers have a duty to create vehicles that can endure a crash as safely as possible. For example, a windshield glass that is not shatterproof may spray glass all over the passengers of a car, causing serious injuries.

Tattoo or Piercing Injuries in Florida

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

Getting a tattoo or piercing is a deeply personal decision. When you go to get a tattoo or piercing, there will always be some pain and discomfort associated with the procedure, but you expect the service to be provided with a certain level of care and caution. If you have suffered an infection or another type of injury due to a tattoo or piercing, you may be able to obtain damages through a personal injury claim. At the Law Offices of Robert Dixon, our seasoned Miami injury attorneys can explore the facts of your case and provide you with an honest assessment of your claim.

Tattoo artists in the state of Florida are regulated by the Department of Health, and they are subject to semi-annual reviews and training. Tattoo parlors are required to maintain written procedures for minor medical issues as well as for emergencies. The laws governing Florida tattoo artists are codified in state statutes 458.309 and 877.04.

Owners of tattoo and piercing parlors have a responsibility to use sterile equipment. Using unsterile equipment poses a number of serious risks to a customer’s health and safety. A number of injuries can arise from getting a tattoo or piercing, including:

Gym Injuries in Florida

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

Physical fitness is vital to one’s personal health, which is why many people in Florida and across the United States join gyms and other athletic institutions. If you have been injured due to a trainer or gym’s negligence, we can help. At the Law Offices of Robert Dixon, we can examine the facts of your case and let you know if you have a strong claim for compensation. You can trust that our Miami injury attorneys can offer reliable legal guidance at every step of the way.

Injuries at the gym may be more common than you think. The Consumer Product Safety Commission found that there were 62,700 injuries treated in emergency rooms related to exercise equipment in 2014. More than 24,000 of those injuries involved treadmills.

Gym owners and operators will typically ask you to sign a waiver releasing them from liability in the event that you are injured. In some cases, these waivers are designed to prohibit you from suing even when the gym’s owner, operator, or employee caused your injury. However, you may be able to take legal action despite the waiver you signed. To figure out if this is a possibility, your lawyer would examine the language of the waiver as well as the circumstances of your injury and advise you accordingly.

Trampoline Accidents in Florida

Published on: January 30, 2017 | by Law Offices of Robert Dixon

For many families in Florida and throughout the United States, trampolines represent a great source of fun. But they can also be dangerous. If you or someone close to you has been injured in a trampoline accident, we can help. At the Law Offices of Robert Dixon, we will thoroughly examine the facts of your case and provide you with an honest assessment of your claim. You can trust that we are committed to representing trampoline injury victims.

A study from an Indiana University School of Medicine researcher finds that from 2002 to 2011, accidents on backyard trampolines accounted for almost 289,000 visits to emergency rooms for broken bones. Over the 10-year time frame, the report found that trampolines caused an estimated 288,876 fractures, at a cost of more than $400 million. Trampoline injuries can take place in a number of ways, including:

Crashing into another person on a trampoline;
Crashing into a fence or surrounding hazards;
Landing improperly while jumping on a trampoline;
Falling off a trampoline; or
Falling on a trampoline’s springs or frame.

Salon and Spa Injuries in Florida

Published on: January 30, 2017 | by Law Offices of Robert Dixon

Visiting a spa or salon is meant to be an enjoyable and relaxing experience. Beauticians and aestheticians have an obligation to ensure that a client’s health and safety are never put at risk. If you or someone close to you has been harmed at a salon or spa, you may be entitled to compensation. At the Law Offices of Robert Dixon, we can explore the facts of your case and determine whether or not you have a viable legal claim.

Salons and spas often use a number of toxic chemicals that require knowledge and training to prevent injuries to clients. Some common types of chemicals that may be used are facial peels, hair dyes, cosmetics, and glues or other adhesives for extensions. Furthermore, salons and spas use a number of tools to do manicures, pedicures, and hair and skin treatments. A few examples of salon and spa injuries include the following:

Burns from skin treatments (i.e., laser burns);
Burns from chemicals or hot hair tools dropped or used incorrectly by a stylist;
Infections;
Disfigurement; or
Baldness from hair treatments.

The Rescue Doctrine in Florida

Published on: January 30, 2017 | by Law Offices of Robert Dixon

Many people in Florida and across the United States place their own safety and lives at risk to help others. If you have been injured while you were attempting to rescue someone, you may be entitled to compensation. At the Law Offices of Robert Dixon, our Miami injury lawyers can consider the details of your case and determine whether you have a claim.

In Florida, there is no legal duty to rescue someone in an emergency situation. However, if a person does undertake a rescue and is injured by a third party’s negligence, the rescuer may be able to take legal action against that third party.

Under Florida law, a person who creates a dangerous situation for another person will be held to have caused the hazard not only for the victim but also for the person attempting to rescue the victim. As a result, the creator of the dangerous situation would be liable for the victim’s injuries as well as the rescuer’s injuries. In order to recover compensation under the rescue doctrine, the plaintiff rescuer must establish the following elements:

Drunk Driving Accidents Around the Holidays in Florida

Published on: January 4, 2017 | by Law Offices of Robert Dixon

With the holidays come family gatherings and socializing with friends. Christmas and the New Year are a time when people are celebrating with those closest to them. But the sad reality is that drunk driving accidents injure and even kill a number of people each holiday season in Florida and across the United States.

According to Insurance Institute for Highway Safety data, January 1 has the highest percentage of traffic fatality deaths related to alcohol. In fact, between 2007 and 2011, alcohol accounted for 42 percent of all traffic deaths during the holiday. The National Highway Traffic Safety Administration, a division of the United States Department of Transportation, confirms this statistic and reports that nearly half of all traffic fatalities involve alcohol on New Year’s Day, compared to 28 percent for December.

Each person getting behind the wheel must be vigilant in making sure that they are capable of driving at that time. Under Florida law, driving under the influence (DUI) is an offense, proved by the impairment of normal faculties or an unlawful blood alcohol or breath alcohol level of .08 or above. Put another way, it is illegal to drive in Florida if your blood alcohol level is .08 or higher.

Allergic Reaction Injuries in Florida

Published on: January 4, 2017 | by Law Offices of Robert Dixon

Each year, a number of people in Florida are rushed to the emergency room for severe allergic reactions. In some cases, individuals suffer adverse reactions for a short time and can be treated quickly. In other extremely serious cases, however, individuals die from allergic reactions. Even when a person takes all the necessary precautions, serious reactions may take place due to mislabeled products, products that are not labeled properly, or instructions that are not followed properly.

According to Food Allergy Research & Education (FARE), up to 15 million Americans have food allergies, of which 9 million are adults and 6 million are children. FARE also reports that allergies seriously affect one in every 13 children (those under 18 years of age) throughout the country. Allergies to peanuts, tree nuts, fish, or shellfish are typically lifelong allergies. The Centers for Disease Control and Prevention reports that food allergies resulted in more than 300,000 ambulatory-care visits a year among children under the age of 18.

When you buy a product, you expect it to be labeled correctly. When there is no label, or the product is labeled incorrectly, it can pose a risk to people with allergies. If a mislabeled product has harmed you, you may be able to file a negligence claim against the at-fault party. Products can be faulty if they have a manufacturing defect, a design defect, or a lack of warnings.

Christmas Tree Accidents in Florida

Published on: January 4, 2017 | by Law Offices of Robert Dixon

The holiday season is a time of year when families, offices, and even stores put up Christmas trees and other festive decorations. While this can be great fun, the sad reality is that Christmas trees are often the cause of injuries to people across Florida and the United States.

The American Red Cross reports that approximately 47,000 fires take place during winter holidays throughout the country. The National Fire Protection Association has found that Christmas tree fires start up in an average of 230 homes every year and are responsible for $17.3 million in property damage each holiday season. Aside from the extensive property damage that these fires cause, they kill an average of four people every year and injure another 21.

In cases in which people are hurt or killed by holiday fires, they may have legal recourse. Your ability to file a premises liability claim will depend on where the holiday fire took place. Premises liability laws consist of a set of laws that govern injuries caused by defective property conditions. These claims are rooted in the theory of negligence. Negligence is a failure to exercise reasonable care in one’s actions that causes an injury to someone else. In Florida, property owners must keep their premises in a reasonably safe condition for those who are on the land.

Holiday Shopping Accidents in Florida

Published on: December 23, 2016 | by Law Offices of Robert Dixon

During the holiday season, many people in Florida and across the United States spend time in malls and stores as they buy gifts for their loved ones. Consumers are more likely to be focused on their shopping list than focused on the hazards that could injure them inside the store. The reality is that holiday sales attract large crowds who often descend into the store as soon as the doors open – creating a dangerous situation for everyone involved. If you or someone close to you has been injured in a holiday shopping accident, you may be entitled to compensation.

While the types of injuries that a person may sustain in a store may vary, the most common type of holiday sale accident involves a slip and fall. Property owners in Florida have an obligation to keep their premises in generally safe repair in order not to injure those who enter the property. Under Florida law, “invitees” are individuals who enter the property for business purposes, such as customers and employees of independent contractors. The property owner owes these individuals an extremely high duty of care. Specifically, when it comes to invitees, the property owner must: i) warn them of any concealed dangers that are known or should be known to the property owner and that are unknown to the invitee and cannot be discovered through the exercise of ordinary care; and ii) use ordinary care to keep the property in a reasonably safe condition.