Negligence Category Archives - Page 8 of 15 - South Florida Injury Lawyer Blawg Published by Miami Accident Attorneys

Fireworks Injuries on the Fourth of July in Florida

Published on: August 5, 2016 | by Law Offices of Robert Dixon

The Fourth of July is a festive time when families often gather to enjoy barbecues, drinks, and fireworks. Unfortunately, each year, a number of people throughout Florida and the United States are injured in fireworks-related accidents. If you or someone you know has been injured in this type of accident, it is important to seek the help of a Miami attorney who can assess the merits of your case.

While fireworks can be a great source of enjoyment, they also can cause serious injuries, including burns, eye injuries, loss of limbs, smoke inhalation, and even fatalities.

According to the Consumer Product Safety Commission (CPSC), slightly more than 12,000 Americans hurt themselves with fireworks last year. Roughly two-thirds of those injuries happened in the three-day period from July 4 to July 6, corresponding with the Fourth of July weekend. The data also show that most firework injury victims are male. In fact, males account for an overwhelming 74 percent of the injuries. In addition, children younger than 15 years of age account for over one third of all firework injuries.

If Causation is not Established, a Florida Negligence Case Could be Dismissed by Directed Verdict

Published on: August 5, 2016 | by Law Offices of Robert Dixon

Negligence forms the basis of most personal injury claims. In Florida work accident cases, Florida workers’ compensation law typically bars an employee from litigating against the employer. This is because workers’ compensation is intended to be the exclusive remedy for an accidental injury or death suffered on the job. However, in certain cases, Florida law allows employees to pursue a general negligence claim against an employer. Negligence is the failure of a defendant to use reasonable care, resulting in harm to the injured party.

In Broward Executive Builders, Inc., v. Liliana Zota, as Guardian of Mercedes Zota, the Fourth District Court of Appeal of Florida recently reversed a jury verdict in favor of an injured worker and directed a verdict for the construction company.

A worker by the name of Mercedes Zota fell and sustained injuries while painting a ceiling above a second-floor catwalk in a home that was under construction. At the time of the accident, Mercedes was using a stepladder and two scaffolds positioned upon the catwalk to reach and paint the ceiling. The evidence at trial showed that the catwalk lacked the required guardrails in place to comply with the guidelines set forth by the Occupational Safety and Health Administration (OSHA). The jury ultimately ruled in favor of the injured worker and against the construction company.

Car Accidents in Miami-Dade County and Throughout Florida

Published on: July 18, 2016 | by Law Offices of Robert Dixon

Unfortunately, negligence causes many accidents in Florida and throughout the United States each year. In the context of driving, negligence refers to the failure of a person to use reasonable care behind the wheel that causes harm to someone else or their property. All drivers on the road owe others a duty to follow traffic laws and drive sensibly in order not to injure others on the road. Negligence laws are designed to hold careless parties accountable for the harm that they cause.

According to The Florida Integrated Report Exchange System (FIRES), there have been 26,939 crashes in Miami-Dade County so far in the first six months of 2016. Of this total, 14,286 of these resulted in injuries, 132 resulted in fatalities, and 17,577 resulted in property damage. In June alone, there have been 524 crash reports. In 2015, there were 30,380 accidents in the first six months of the year, so 2016 has seen a decrease in the number of accidents.

According to the Centers for Disease Control and Prevention (CDC), in the United States, over 30,000 people are killed in crashes each year. In fact, motor vehicle crashes are a top-10 cause of death among people from 1-54 years of age. The CDC reports that when it comes to Florida accidents, motor vehicle occupants cost $527 million in 2013. That same year, motorcyclists cost $616 million and pedestrians $577 million.

Trial Court Erred in Dismissing Wrongful Death Claim Against Pharmacist

Published on: July 18, 2016 | by Law Offices of Robert Dixon

In Sorenson v. Professional Compounding Pharmacists of Western Pennsylvania, a man was being treated by his doctor in Ohio for pain after an automobile wreck. The treatment involved administering hydromorphone through a pump that was inserted into the spinal canal.

In 2012, while the man was on vacation in Florida, his doctor recommended that he go to Charlotte Pain Management Center for a prescription. It is alleged that at that point, the doctor prescribed a significantly higher concentration of the drug. The pharmacist compounded the drug and dispensed it to the doctor, who then administered it to the patient. The man died the same day.

The executor of the decedent’s estate filed a wrongful death lawsuit that included a claim of medical negligence against the health care facility. Medical malpractice takes place when a medical professional fails to provide medical care in accordance with accepted medical practices and procedures. The plaintiffs claimed that the pharmacist was negligent in filling the prescription, since it called for three times the amount of hydromorphone. Specifically, the plaintiffs alleged that this was unreasonable on its face, given the strength and dose of the drug.

Establishing Damages in Front of a Florida Jury

Published on: July 18, 2016 | by Law Offices of Robert Dixon

If you or your loved one has been hurt by someone else’s negligence, we can help. When you are injured in an automobile accident in Florida, there may be a wide range of evidence that may be put before the jury. At the Law Offices of Robert Dixon, our Miami injury attorneys understand the nuances of personal injury trials and can put this knowledge to use in your case.

Negligence is a core concept in personal injury law. It forms the basis for most personal injury claims. Negligence requires showing that the defendant failed to use reasonable care and thereby caused the resulting harm or damage. 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 be able to establish the following four elements:

The defendant owed the plaintiff a duty of care;
The defendant breached the duty of care to the plaintiff;
The defendant’s breach was the direct cause of the accident and the resulting injuries; and
The injuries or property damage can be reasonably quantified.

Subrogation in Florida Personal Injury Cases

Published on: June 22, 2016 | by Law Offices of Robert Dixon

Subrogation can be a vital part of handling a personal injury claim, and every lawyer should explain this legal principle to his or her clients. At the Law Offices of Robert Dixon, our skilled attorneys have the skill and experience to handle every aspect of your personal injury claim. You can trust that we will zealously advocate for your rights at every step of the way.

Subrogation is an equitable doctrine. Subrogation literally means one person or party stands in the place of another. In the context of motor vehicle accident claims, subrogation is the principle that says that when an insurance company pays an insured’s claim of loss due to another’s negligence, the insurer succeeds to the insured’s right to sue for damages against the negligent party. Put another way, a subrogation claim allows a third party to stand in the shoes of the injured person. These third parties are referred to “collateral sources.” Collateral sources are usually private entities or insurers that make a payment to a party who has a personal injury claim.

When you are hurt due to someone else’s negligence, you will likely be able to seek compensation for your harm. Negligence refers to a failure to use the level of care that a reasonably prudent person would use under the same or similar circumstances, resulting in injuries.

Spectator Injuries at Sporting Events in Florida

Published on: May 4, 2016 | by Law Offices of Robert Dixon

Florida residents can enjoy a number of outdoor sports in the state, due to the great weather that is present most of the time. If you or someone you know has been injured while attending a sporting event, it is important to talk to a skilled Miami injury attorney who can assess the merits of your case. We will examine the facts and give you an honest assessment of whether you have a solid claim.

Spectators at sporting events should be aware that they assume a certain amount of risk. The “assumption of risk” doctrine basically says that the injured person assumed the risk of getting injured by willfully partaking in an activity that the person knew could be hazardous. For example, individuals at a baseball game should know that foul balls and home run balls could land in the stands and hit a viewer. Similarly, golf spectators are typically aware that golfers may not always hit perfect shots that land in the fairway or in the green.

White Water Rafting Injuries in Florida

Published on: May 4, 2016 | by Law Offices of Robert Dixon

White water rafting can be great fun and provide an adrenaline rush. While the activity is undoubtedly fun, it can also be dangerous. If you or someone close to you has been injured in a white water rafting accident, it is important to reach out to a skilled Miami injury attorney who can assess the facts of your case.

American Whitewater reports that on average, there are 6-10 white water rafting deaths for every 2.5 million user days on guided rafting trips. Put another way, there is one death for every 250,000 to 400,000 “person visits” for whitewater rafting. Additionally, about 30 percent of those deaths are a result of heart conditions or heart attacks.

In many cases, you will be barred from taking legal action against the defendant because you will have signed a waiver that prevents liability. Courts will typically enforce these waivers, provided they are valid.

Horse Riding Accidents in Florida

Published on: May 4, 2016 | by Law Offices of Robert Dixon

Horseback riding is a popular leisure and sporting activity in Florida. Just as with any other sport, there are risks and dangers associated with riding a horse. Each year, a number of people are injured riding horses. While many of these injuries are considered to be an inherent risk of riding, in some instances injuries may be the consequence of the equestrian facility’s or the trainer’s negligence. At the Law Offices of Robert Dixon, our skilled Miami injury attorneys can assess the merits of your case and provide you with an honest assessment of your claim.

Horseback riding injuries can range from mild to severe. Some common injuries include broken ribs, broken back, concussion, broken bones, paralysis, sprained joints, lacerations or contusions, loss of visibility, and more. In the most serious and tragic cases, riders can even lose their lives in horse riding accidents.

In Florida, the Equine Activity Liability Act intends to define the parameters of liability associated with equestrian activities. Under the law, equine professionals and horse-related activity sponsors are required to post caution signs on properties where equestrian activity is taking place. In addition, specific cautionary language must be present in all of the contracts used when the public interacts with horses.

Daycare Negligence in Florida

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

Parents often have no choice but to depend on daycares to watch their children while they work. When you drop off your child at a daycare, you expect your child to be taken care of. Many children at daycare need constant attention due to their age. Unfortunately, thousands of children are injured every year in daycares in Florida and throughout the United States. If your child has been injured while at daycare, you may be able to take legal action against the facility. At the Law Offices of Robert Dixon, our highly skilled injury lawyers are well-versed in virtually all aspects of personal injury law and can put our knowledge to use in your case.

According to the National Center for Education Statistics, an estimated 13 million children are enrolled in some type of childcare service. The National Association of Child Care Resources & Referral Agencies (NACCRRA) reports that Florida alone has approximately 9,264 childcare centers and/or family child care homes. It is also important to note that 98 percent of the childcare that is requested is made use of on a full-time basis.