Negligence Category Archives - Page 7 of 15 - South Florida Injury Lawyer Blawg Published by Miami Accident Attorneys

The “Fabre Doctrine” in Florida

Published on: November 21, 2016 | by Law Offices of Robert Dixon

When multiple parties are involved in an automobile accident, apportioning liability can be difficult. If you have been injured in a car wreck, it is important to seek the help of a skilled Miami attorney who can assess the merits of your case. You can trust that we will try to get you the compensation you deserve for your harm. At the Law Offices of Robert Dixon, we understand the nuances of personal injury law and can apply this knowledge in your case.

Florida is a pure comparative negligence state and also adheres to something known as the Fabre doctrine. Under the principle of pure comparative negligence, your recovery will be limited by the amount you were responsible for the accident. For example, if you are suing another driver, and you are found to be 20% at fault, your damages will be decreased by 20%. In other words, you will only be permitted to recover an award of 80% of your total monetary damages. In this manner, the doctrine of comparative negligence apportions negligence among the different parties involved in the accident.

Some time ago, the Florida Supreme Court established what is known as the Fabre Doctrine, which is a method by which a defendant may try to blame all or part of your damages on some other individual or entity, a non-party to the lawsuit, thereby avoiding being forced to pay all or part of your damages.

Woman Gets New Trial in a Florida Delivery Van Accident Case

Published on: November 3, 2016 | by Law Offices of Robert Dixon

In Boyles v. Dillard’s, Inc., the plaintiff was involved in an automobile accident with a Dillard’s delivery van. The defendant, a Dillard’s employee, was driving directly behind the plaintiff in the same lane of a two-lane highway and collided with the back of the plaintiff’s car as she was making a right turn into her driveway. The plaintiff filed a lawsuit against the defendant for injuries that she allegedly sustained to her shoulder, neck, and back.

At trial, the defendant claimed that the plaintiff veered from the lane in which she was driving to merge into an area on the left of the lane in which both the vehicles were traveling. The defendant went on to explain that the plaintiff then suddenly moved her vehicle back into the lane in which they were both driving, so he (the defendant) did not have enough time to avoid crashing into her car.

The defendant presented an expert witness to help reconstruct the scene of the accident for the jury. The plaintiff argued that it was a mistake to allow the expert witness’ testimony because the only relevance it could have was to imply that the plaintiff could not have suffered the degree of the injury she claimed, and the expert witness was not qualified to present testimony that would lead to such a determination.

Negligent Entrustment and Vicarious Liability in Florida

Published on: November 3, 2016 | by Law Offices of Robert Dixon

Car accidents happen all the time in Florida and throughout the United States. In most cases, the owner of the car is the person driving it. But what happens when you loan your car to someone, and they get into an accident? Under Florida law, a vehicle owner may still be liable even though they were not actually behind the wheel at the time of the crash.

Earlier this month, television reality star Blac Chyna’s white BMW hit another car carrying three passengers in Los Angeles. Witnesses say that the driver of the car left the scene immediately after the accident. Blac Chyna, however, wasn’t behind the wheel at the time of the accident. The star had loaned her vehicle to a friend, who was ultimately involved in the hit-and-run.

The plaintiff then named Blac Chyna in a personal injury lawsuit, claiming that as the owner of the vehicle, she should be liable for the damages under the theory of negligent entrustment.

Florida Diving Board Accidents

Published on: November 3, 2016 | by Law Offices of Robert Dixon

Diving boards can be a great source of fun for children and adults alike. They are a common feature of many private and public swimming pools across Florida and the United States. Although many swimmers enjoy using the diving board without incident, the reality is that diving boards can cause serious injuries and even death. If you or someone you know has been hurt in a diving board accident, it is important to seek the help of a skilled Miami injury attorney who can assess the merits of your case.

Diving is considered a collision sport, due to the impact with the water on entry. A diver entering the water from a 10-meter high diving board is traveling at almost 40 miles per hour. This speed is enough to break bones and dislocate joints. Some common diving board injuries include shoulder injuries, neck injuries, elbow injuries, back injuries, wrist or hand injuries, knee injuries, cuts, scrapes, bruises, swimmer’s ear, and more. These injuries can arise in a number of ways, including landing on other swimmers in the pool, hitting one’s head on the diving board, side of the pool, or bottom of the pool, or back and spinal cord injuries from landing on one’s back.

A number of parties may be liable for a diving board accident, including the pool owner, the diving board manufacturer, the company that installed the diving board, and the retail store that sold the diving board.

Florida Deemed Relatively Safe for Older Drivers by Caring.com Study

Published on: November 3, 2016 | by Law Offices of Robert Dixon

The issue of whether older people should continue to drive into their old age is often a contentious one. Some older individuals are alert and independent and have no problems on the road. Others, however, display signs of risky behavior that could be considered dangerous on the road.

In Caring.com’s 2015 Senior Driving study, it was estimated that about 14 million Americans had been involved in a car accident caused by an elderly driver in the prior year. The Centers for Disease Control and Prevention report that around 586 elderly drivers are injured and 15 are killed in motor vehicle wrecks in the United States each day.

Caring.com’s findings also included the 10 safest states for older drivers. Florida made the top 10 safest states for older drivers, along with Connecticut, Alaska, North Dakota, New Mexico, and more. The study was conducted by comparing the number of fatal collision victims aged 65 years or older in a state with that age group’s share of the state population. In Florida, the ratio of car accident-related fatalities among the state’s 65 and older population (19 percent) matched up with the number of seniors in the state (19 percent as well). One factor that makes Florida one of the safest states for elderly drivers may have to do with the requirements for regular renewals and vision tests for drivers who are 80 years old and above.

Scarring and Disfigurement Injuries in Florida

Published on: November 3, 2016 | by Law Offices of Robert Dixon

Scarring and disfigurement can have serious physical, emotional, and psychological consequences for a victim. If someone’s carelessness or recklessness caused your accident and resulting injuries, we can help. At the Law Offices of Robert Dixon, we are well versed in virtually all types of personal injury cases and can advocate for your rights at every step of the way. These cases can be quite complicated, but you can rest assured that we can thoroughly examine the facts of your case to determine fault.

Severe burns, amputations, and loss of limbs are some examples of disfiguring injuries. Scars can be the result of burns, lacerations, scrapes, or puncture wounds. They often remain even after a wound heals and may significantly alter how a person looks. Some causes of scarring and disfigurement injuries include but are not limited to chemical spills, fires, road hazards, motor vehicle accidents, surgical errors, explosions, and construction accidents.

Dangerous and Defective Florida Roadways

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

A difficult left turn, a sharp curve, or a large pothole can all be causes of serious accidents. If you or someone you know has been injured or killed due to a dangerous or defective road condition, it is important to seek the help of a skilled Miami injury attorney who can assess the merits of your case. We proudly represent clients who have been hurt as a result of poorly designed or maintained public roadways.

There are both federal and Florida laws set in place to protect motorists from dangers on the road. These laws typically govern how and when construction can take place, as well as when certain warnings and gradients must be used.

Drone-Related Injuries in Florida

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

Personal drones are becoming more and more popular. As drones become more common, so do injuries resulting from their use. Many times, drone operators treat drones like toys, but the reality is that these unmanned aerial vehicles (UAVs) can cause serious harm. If a drone has injured you or someone close to you, our skilled Miami injury attorneys can help. We understand the nuances of personal injury law, and you can rest assured that we will make every effort to get you the compensation you deserve for your harm.

People use personal drones for a number of reasons, such as flying them for fun, photography, filming, and more. The FAA estimates that by 2020, approximately 300,000 drones will be used for all types of commercial uses.

Drone accidents can take place because of user error, battery failure, or faulty parts, among other reasons. One way a number of people have been recently injured around the country is because of a drone falling and directly hitting a person. This type of accident can cause eye injuries, facial lacerations, broken bones, head injuries, neck injuries, and spinal cord injuries. Furthermore, the sharp blades may cause cuts and bruises on the victim as well.

RV Accidents in Florida

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

A recreational vehicle (RV) refers to a motor vehicle or trailer equipped with a living space and amenities traditionally found in a home. These vehicles are sometimes called campers, motor homes, or travel-trailers as well. While RVs can vary in size, all of them are larger than an average car on the road. RV drivers are operating these huge vehicles like trucks, but they do not have to take any special driver training or possess a higher-level driver’s license, as truckers do. As a result, RV driver errors, such as sideswiping a car in the next lane, failing to stop in time, making too tight a turn, or failing to secure equipment on the top of the RV properly, are often the cause of accidents. If you or someone you love has been injured in an RV accident, we can help.

RV accidents can have severe and catastrophic consequences. RV accidents can result in a traumatic brain injury, broken bones, broken ribs, herniated discs, the loss of a limb, and more. In the most serious cases, RV accidents can result in death.

Injuries to Children at Summer Camps in Florida

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

Many children attend summer camps to learn new things, make friends, and have a good time. Summer camp activities will often include things like gymnastics, sailing, boating, and other sports. When you send your child to a summer camp, you expect them to be safe. If your child has been injured while away at a summer camp, it is important to seek the help and guidance of a Miami injury attorney who can thoroughly analyze the facts of the case. Summer camp accidents can be tricky, since most summer camps require parents to sign some type of release or waiver. We can meticulously examine a waiver and let you know about your rights and options.

Summer camp injuries can take many forms, including physical injuries, bus accident injuries, food poisoning, food allergies, sexual abuse, and drowning. Of course, this is not an exhaustive list, and there could be many others as well.

If your child was injured while at a camp, you may be able to seek compensation for your child’s harm. Whether the summer camp is liable usually will depend on whether or not the camp acted in a reasonable and timely manner. For example, if your child is injured because he or she fell off a bridge that the summer camp knew or should have known was broken or in disrepair, the summer camp will likely be liable for your child’s resulting harm. This is because the summer camp had a duty to provide your child with a safe environment and make sure there were no dangerous conditions on the property. In such a scenario, a premises liability claim would be appropriate. These claims are rooted in the theory of negligence. Most claims against a summer camp will be rooted in the theory of negligence, although other causes of actions may be appropriate in certain situations.