Negligence Category Archives - Page 6 of 15 - South Florida Injury Lawyer Blawg Published by Miami Accident Attorneys

The Wrongful Act Doctrine in Florida Injury Cases

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

Florida follows the ‘American Rule.’ Each party pays their own attorney’s fees, irrespective of whether they win or lose, unless there is some contract, statute, or court rule that says otherwise. This lets people file lawsuits without the fear of incurring excessive costs if they lose the case. The American Rule is in contrast to the English Rule, which mandates that the losing party always pays the winning party’s attorney’s fees.

An exception to the American Rule is the ‘Wrongful Act Doctrine,’ which allows a plaintiff to recover from a defendant, as an additional element of damages, the plaintiff’s litigation costs that resulted from asserting a claim or defense in a third-party lawsuit. To obtain such expenses, the defendant must have engaged in misconduct that caused the plaintiff to litigate with third parties or placed the plaintiff in a situation in which it was necessary to incur legal expenses to protect an interest.

Consider the following example. Plaintiff Peter owns a car. Defendant David wrongfully takes possession of the vehicle and sells it to a third party, Tom. Paul is now forced to take legal action against Tom to get the vehicle back. Peter also sues David due to his misconduct in taking the car in the first place. Under the Wrongful Act Doctrine, Peter is permitted to collect his lawyer’s fees incurred in the lawsuit against Tom but not the lawyer’s fees in the case between David and him.

Spoliation of Evidence in Florida Personal Injury Cases

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

If you or someone you know has been injured in an accident caused by the negligence of another party, it is important to consult a reputable Miami injury attorney who can examine the facts of your case. At the Law Offices of Robert Dixon, we understand how important it is to thoroughly investigate the matter and collect evidence in a timely manner. You can rest assured that we will handle every aspect of your claim with the utmost diligence.

Personal injury claims in Florida are usually rooted in the theory of negligence. Negligence is a failure to exercise reasonable care in one’s actions. Reasonable care is defined as how a prudent or sensible person would act in the same circumstances. Negligence can also take place when a person fails to act when he or she had a duty to do so. In order to win on a negligence claim, the plaintiff must establish that the defendant owed him or her a duty of care, that the defendant breached this duty, and that the plaintiff’s injuries and damages were a direct consequence of the defendant’s breach.

Establishing liability in a negligence case, whether it is a car accident or a slip and fall, often requires key pieces of evidence. Spoliation of evidence, sometimes referred to as the “destruction of evidence,” takes place when a party negligently or intentionally destroys material that is needed as evidence in litigation. Some examples of spoliation include getting rid of documents or records, failing to preserve video surveillance or other types of video footage, or prematurely repairing damage to property without having it inspected.

Thanksgiving Day Fires Caused by Faulty Products in Florida

Published on: December 14, 2016 | by Law Offices of Robert Dixon

Thanksgiving Day is typically a time when families get together to cook, eat, and spend time with one another. Unfortunately, it is also a day that is known to have a high number of fire accidents. According to State Farm, data from 2007 to 2011 reveals that Florida ranks fifth in the country for the most cooking fires on Thanksgiving Day, just behind Texas, Illinois, New York, and Ohio. One source of such fires is defective products that are used for cooking. If you have been injured in a fire caused by a faulty deep fryer or cooking appliance, you may be able to seek compensation for your harm through a Florida product liability claim.

Every year, far more fire accidents take place on Thanksgiving Day than any other day of the year. In fact, some reports estimate that Thanksgiving Day sees three times the nation’s daily average in emergency fire accidents. Fires originating from the kitchen are the top reason for home fires and burn injuries. The United States Fire Administration estimated that about 4,300 house fires are started on Thanksgiving Day ever year, accounting for 15 deaths and almost $27 million in property damage.

Product liability refers to a manufacturer or seller being held liable for placing a defective product into the stream of commerce and ultimately into the hands of a consumer. Product liability claims can be divided in the following ways: manufacturing defects, design defects, and failures to warn.

What Happens if You Tweet While on Florida Jury Duty? – Murphy v. Roth

Published on: December 14, 2016 | by Law Offices of Robert Dixon

Jury duty may seem like an inconvenience, but it is an important civic duty. One vital component of jury duty is the obligation to keep information about the case confidential. As a practical matter, this means not discussing, emailing, texting, blogging, tweeting, or otherwise posting on social media about the case.

Florida’s Fourth District Court of Appeal recently dealt with a case in which jurors were explicitly told not to communicate with anyone about the case (including via social media), but one juror posted a number of tweets on Twitter during the days of jury selection and trial. While the juror did not name the case or give specific details, he did mention his discontent with being selected for jury duty and his general dismay at being at the courthouse all day. The juror also implied that he may have given partial or careless answers to some questions. He also expressed his thoughts about the perceived greed of “everyone” trying “anything” for money.

The case is Murphy v. Roth, and it began when the plaintiff sued the defendant for injuries sustained in an automobile accident. The plaintiff alleged that she was rear-ended by a ‘phantom vehicle’ that was never found, and she then began to turn and was hit by the defendant.

Is Damage to a Prosthetic Limb Considered Property Damage or Personal Injury in Florida?

Published on: December 14, 2016 | by Law Offices of Robert Dixon

If you or someone close to you suffered prosthetic damage in an accident that was not your fault, it is important to seek the help and guidance of a skilled Miami injury attorney. We will scrutinize the facts of your case and make every effort to get you the compensation you deserve.

Earlier this year, the question of prosthetics and personal injury law was explored at Oxford University’s Human Enhancement and the Law: Regulating for the Future conference, which dealt with legal issues that may come up as a result of developments in human enhancement technologies.

For those who rely on prosthetic limbs, it can feel like the limb is actually part of your natural body. No matter how dependent you may be on the prosthetic, however, the law makes a distinction between an individual who is using a prosthetic and the device itself. Put another way, the prosthetic limb is considered property.

Common Mistakes Florida Drivers Make Behind the Wheel

Published on: December 12, 2016 | by Law Offices of Robert Dixon

Unfortunately, automobile accidents are a daily occurrence in Florida and throughout the United States. The reality is that these accidents can have long-term and serious consequences for everyone involved. If you or someone close to you has been injured in a motor vehicle accident, it is important to seek the help and guidance of a Miami injury attorney. We can scrutinize the facts of your case and determine what caused the accident and your resulting harm.

Driving is a privilege, rather than a right. Therefore, every driver on the road has a duty to drive using reasonable care and obey Florida traffic laws. The following are common examples of driving mistakes that people make behind the wheel:

Speeding

Speeding is a top cause of automobile accidents in the United States. Drivers often don’t realize the serious risks associated with speeding, some of which include losing control of a vehicle and not being able to stop in time to avoid hitting another car or pedestrian. Speeding is dangerous even when it’s happening at a moderate level.

Helicopter Crashes in Florida

Published on: December 7, 2016 | by Law Offices of Robert Dixon

Helicopter rides can be a great source of fun as well as a way to travel from one place to another. In Florida, individuals can enjoy scenic flights over certain cities and view the state’s most famous attractions. If you have been injured in a helicopter accident that you believe was caused by someone else’s negligence, you should contact one of our skilled Miami injury attorneys as soon as possible. We can assess the merits of your case and help you seek the compensation you deserve.

When a helicopter accident takes place, it is important to examine the situation thoroughly to determine the cause of the accident. The reality is that some crashes are caused by conditions that are outside everyone’s control, such as adverse weather conditions. Some helicopter accidents, however, are preventable and take place because of sheer carelessness. Helicopter crashes may be caused by a helicopter pilot’s error, a helicopter owner’s negligence, a helicopter manufacturer’s negligence, negligence by a hospital or corporation that is in charge of running the helicopter, or a maintenance company’s negligence.

Negligence is the failure to use reasonable care, resulting in damage or injury to someone else. Reasonable care refers to the obligation of every individual to act as a prudent person would act in the same or similar circumstances. In order to successfully assert a negligence claim, the plaintiff must establish the following elements. The defendant must have owed the plaintiff a duty of care, the defendant must have violated the duty of care, and the plaintiff’s injury or death must have been a direct result of the defendant’s carelessness.

The Eggshell Skull Doctrine in Florida

Published on: December 7, 2016 | by Law Offices of Robert Dixon

The reality is that many individuals, at some point in their lives, may experience injuries resulting from accidents. Whether it is through a car crash, a pedestrian accident, or a slip and fall, when these types of accidents take place, determining liability can be complicated. There are many complex legal theories that may be applicable. At the Law Offices of Robert Dixon, our experienced Miami injury attorneys can analyze the facts of your case and determine whether you may be entitled to compensation for your harm.

When a person is injured in an accident due to the fault of another party, the injured person can typically file a negligence claim against the at-fault party. Negligence is a failure to exercise reasonable care in one’s actions or omissions. Reasonable care is defined as how a prudent person would act in the same or similar circumstances. In order to prevail on a negligence claim, the plaintiff must demonstrate that the defendant owed them a duty of care, that the defendant breached the duty of care owed to the plaintiff, and that the defendant’s breach was a direct cause of the plaintiff’s harm.

The eggshell skull doctrine, also referred to as the eggshell plaintiff rule, is a legal theory that holds an individual legally liable for the full extent of damages sustained by a plaintiff, even if the degree of harm suffered was more than what would typically be suffered by the average person. Put another way, the eggshell doctrine states that a defendant must take a victim as he or she is, and that victim’s sensitivity or frailty is not a defense. The important principle behind this rule is the recognition that the same accident may affect different individuals in different ways.

Whiplash Injuries in Florida

Published on: December 7, 2016 | by Law Offices of Robert Dixon

If you or someone you know was recently involved in an automobile accident that was not your fault and are now suffering from a stiff neck or a sore neck, you may have sustained whiplash injuries. At the Law Offices of Robert Dixon, our experienced Miami whiplash attorneys can diligently scrutinize the merits of your case and seek the compensation you deserve for your injuries. We strongly believe in holding negligent parties responsible for the harm that they cause.

According to the Mayo Clinic, whiplash is a neck injury due to forceful, rapid, back and forth movement of the neck, like the cracking of a whip. Put another way, whiplash is a soft tissue neck injury that is typically sustained when a person’s head is suddenly jerked backwards and then forwards. This type of injury most often takes place during a rear-end car accident. However, semi-truck accidents, workplace accidents, slip and falls, assaults, and other catastrophic events can also cause whiplash injuries.

The Institute for Highway Safety (IIHS) has found that neck pain resulting from whiplash is the most commonly reported injury related to insurance claims in the United States. In fact, IIHS data reveals that approximately 66 percent of all claimants who filed bodily injury liability coverage in 2002 claimed neck injuries. Other estimates indicate that there are about 120,000 annual incidents of whiplash in the United States.

Accidental Gun Shootings in Florida

Published on: December 7, 2016 | by Law Offices of Robert Dixon

Accidental gun shootings can seriously injure or even kill unsuspecting victims. In such instances, the gun owner may be subject to criminal and civil liability. At the Law Offices of Robert Dixon, a Miami injury attorney can help you file a civil lawsuit against the at-fault party. As with any case, it is important to investigate the facts and determine what happened as quickly as possible. You can trust that we will work hard to pursue a favorable result for a client.

According to the Centers for Disease Control and Prevention (CDC), in 2013, there were about 73,505 nonfatal firearm injuries, 11,208 homicides, and 21,175 suicides through gun use. Over 500 of these deaths were due to the accidental or negligent discharge of a firearm. Common causes of accidental gun shootings include improper storage of handguns, gun user negligence, misfires, alcohol or drug related shootings, mechanical failure, or product failure.

Under Florida law, a party is negligent when he or she fails to exercise reasonable care, resulting in an injury to someone else. Reasonable care refers to the obligation to act as a prudent person would act under the same or similar circumstances. As a result, establishing negligence requires showing the following four elements. The defendant owed the plaintiff a duty of care, the defendant breached this duty, the plaintiff’s harm was a direct result of the defendant’s breach, and reasonably quantifiable damages arose.