Negligence Category Archives - Page 9 of 15 - South Florida Injury Lawyer Blawg Published by Miami Accident Attorneys

Inadequate Maintenance Claims in Florida

Published on: April 6, 2016 | by Law Offices of Robert Dixon

Property owners have an obligation to maintain their premises in reasonably safe condition for those who enter the land. When a property owner fails to do this, and an individual is injured as a result, the victim can pursue compensation for their harm. At the Law Offices of Robert Dixon, our premises liability attorneys are well versed in this area of law and can put our knowledge to use in your case. You can rest assured that we will provide you with the aggressive representation you need.

Inadequate maintenance can cover a variety of unsafe conditions on property, including but not limited to:

Uneven stairs or sidewalks;
Spills on the floor;
Cluttered aisles or walkways;
Lack of security cameras in high crime neighborhoods;
Broken windows;
Faulty locks;
Poor lighting; or
Unrepaired fixtures.

Florida Law Enforcement’s Duty of Care in Escaped Horse Case

Published on: April 6, 2016 | by Law Offices of Robert Dixon

In Manfre v. Shinkle, Kathleen Shinkle was injured when her automobile crashed after striking a dead horse lying on the roadway. The collision with the horse caused her vehicle to flip over and land on its roof. Shinkle sustained serious injuries.

An estimated hour and a half before Shinkle’s accident, the Flagler County Sheriff’s Office had been called to report that two horses were roaming the side of the road. When the deputy arrived on the scene, the horses were scared by the lights on the deputy’s car and returned to the pasture. The deputy did not try to get in touch with the property owner.

Some time later, one of the horses came back onto the road from the pasture. At this time, the horse was hit and killed by a motorist. This is the background story regarding how the dead horse came to be on the street.

Nerve Damage Injuries in Florida

Published on: April 6, 2016 | by Law Offices of Robert Dixon

Nerve damage can have serious consequences, such as pain, loss of feeling, and loss of function. If you or a loved one has suffered a nerve injury in an accident, you should seek the help and guidance of a Miami injury attorney. At the Law Offices of Robert Dixon, our team will work meticulously to analyze the facts of your case. You can rest assured that we will provide you with competent and compassionate legal advice at every step of the way.

The nervous system is a complex bundle of sensory receptors that play a role in everything the body does. Nerve damage can happen in varying degrees. Nerves can become damaged when nerve fibers are stretched, cut, or otherwise harmed. Autonomic nerves are in charge of basic involuntary functions, such as breathing and heartbeat. Motor nerves control movement by facilitating communication between the brain and the muscles. Sensory nerves convey information about muscles and skin. Since nerves do so many things, nerve injuries can seriously affect our day-to-day lives.

Skydiving Accidents in Florida

Published on: April 6, 2016 | by Law Offices of Robert Dixon

Skydiving has been a popular sport in Florida and the United States for decades. By their very nature, skydiving accidents can have devastating consequences. While these accidents are rare, there are risks involved that should be considered. If you or someone close to you has been hurt in a skydiving accident, it is important to seek the help and guidance of a reputable Miami injury attorney who can assess the merits of your case.

Skydiving accidents can take place in a variety of ways, including product defects, parachute malfunctions, cord defects, harness failures, faulty steering handles, and more. Many serious injuries or fatalities that occur through skydiving accidents can be attributed to human error or faulty equipment. As a result, individuals who have been injured in skydiving may be able to take action through a negligence claim or a product liability claim.

It is important to note that individuals almost always have to sign a waiver before they can skydive. The waiver will limit the operator’s liability in the event that something goes wrong, resulting in an injury or death. Waivers are serious legal documents and should not be taken lightly. These agreements are in place for a reason, which is why courts tend to uphold them. As a result, simple negligence is not typically enough to take legal action against the skydiving operator. Instead, the court will likely examine whether the skydiving operator acted with gross negligence.

Expert Testimony Under the Daubert Standard

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

When it comes to personal injury and wrongful death cases in Florida, it is not uncommon to use expert witnesses to explain complicated issues to the jury regarding the injury or the cause of the injury. There are, however, strict requirements about who can qualify as an expert witness. Under § 90.702, Fla. Stat., an expert witness must possess the knowledge, skill, experience, training, or education needed to convey an opinion to the judge or jury based on sufficient facts or data, applying reliable principles and methods to the facts of the case. These requirements amount to the Daubert standard.

In Baan v. Columbia County, the First District had to decide whether the expert testimony of an emergency room doctor about the standard of care and the conduct of emergency personnel responding to a 911 call was appropriately excluded.

The facts of the case are as follows. Emergency Medical Services (EMS) was called for an infant who was experiencing respiratory distress. Once EMS arrived on the scene, they showed the infant’s aunt how to use a nebulizer and left within 10 minutes of their arrival. The EMS report indicated that the child had normal vital signs. Approximately 50 minutes later, another 911 call was placed that revealed that the infant had stopped breathing altogether and that he was blue. The baby was also cold to the touch. The infant was air lifted to a nearby hospital but pronounced dead the next day.

Selfies and Distracted Driving Accidents in Florida

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

A selfie is a photograph that an individual takes of him or herself using a cell phone camera. The person can hold the cell phone at a distance by hand or use a selfie stick. With the rise of social media, selfies have been increasingly popular over the years. While these photographs are a great way to share memories with friends and families, no one should be taking selfies behind the wheel. Unfortunately, snapping a selfie while driving is more common than you may think and has contributed to car accidents resulting in serious harm. If you or a loved one has been injured by a distracted driver, it is important to seek the help of a qualified Miami attorney who can assess the merits of your case.

Distracted driving causes many accidents in Florida and throughout the United States each year. According to Florida’s Department of Highway Safety and Motor Vehicles, distracted driving within the state has increased by 25 percent. The National Highway Traffic Safety Administration reported that 10 percent of all fatal crashes, 18 percent of injury crashes, and 16 percent of all reported motor vehicle accidents were a result of distracted driving in 2013.

Driving requires your full attention. Even a quick snapshot can be enough of a distraction to cause a crash. If a distracted driver has injured you, you can take legal action by filing a negligence claim against the at-fault party. Negligence is the failure to exercise reasonable care while driving. Reasonable care is defined as how a prudent person would act in the same or similar circumstances. For example, a driver who causes a crash because he or she was taking a selfie would likely be liable for any resulting harm. This is because a prudent driver would understand that focusing on a selfie as opposed to the road could lead to an accident and injuries to others.

Lack of Citation Inadmissible in Florida Jet Ski Accident Case

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

Evidentiary rules for personal injury cases can be complicated, which is why having an experienced attorney on your side can make all the difference in your case. At the Law Offices of Robert Dixon, our Miami accident attorneys are well versed in virtually all aspects of negligence law and can put this knowledge to use in your case.

In Soto v. McCulley Marine Services, Inc., a man was jet skiing over the July Fourth holiday weekend in 2009 when he was tossed from the vehicle and sucked underneath nearby moored vessels. The man became trapped under a barge and ultimately drowned to death despite wearing a flotation device at the time of the incident.

Near the site of the accident, a dock was being used for storage and a preparation area for an artificial reef project maintained by the County of Manatee.

Jet Ski Accidents in Florida

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

In Florida, residents and visitors alike can enjoy a number of water activities, including jet skiing. While many people partake in the activity without incident, a number of individuals in Florida are injured while jet skiing each year. If you’ve been injured in a jet ski accident, it is important to seek the help of a reputable Miami injury attorney who can assess the merits of your case. At the Law Offices of Robert Dixon, we have helped numerous victims obtain the justice and compensation they deserve, and we can help you as well.

According to the United States Coast Guard’s Recreational Boating Statistics, there were more than 764 injuries and 808 deaths on personal watercrafts and jet skis in the year of 2011. Information compiled by the U.S. Coast Guard from 2000 also shows that jet skis are disproportionately involved in more than 30 percent of all boating accidents and nearly 40 percent of all boating injuries.

Limousine Accidents in Florida

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

Limousines are often a fun way to celebrate life’s important occasions – birthday parties, weddings, proms, or even just a night out on the town. When you hire a limousine, you expect to be transported safely to your destination. Limousine accidents, like any other type of auto accident, can be a stressful experience. The emotional, physical, and financial toll of such an accident can be daunting. At the Law Offices of Robert Dixon, we are committed to helping limousine accident victims get the compensation they deserve for their injuries.

An injured passenger can typically sue the limo driver and the limo company if it can be shown that the driver was negligent. To establish negligence, the plaintiff must demonstrate that the defendant owed the plaintiff a duty to exercise reasonable care, the defendant breached the duty of care, and the plaintiff suffered harm and incurred damages as a result. Reasonable care is defined as how a prudent person would act in the same or similar circumstances. Additionally, an injured passenger may also be able to sue another driver if the limousine driver was not at fault for the accident.

Florida Supreme Court Clarifies the Collateral Source Rule

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

The collateral source rule is rooted in the legal principle that compensation obtained by a plaintiff through a secondary source (i.e., health insurance) is irrelevant to the liability of the defendant. Put another way, a defendant does not get to pay less for his or her negligence simply because a third party compensates an injured individual. As a result, evidence of a plaintiff’s health insurance is generally not admissible for consideration.

There was a limited exception to this rule that pertained to free or low-cost collateral source benefits, such as Medicare and Medicaid benefits. The idea was that the question of Medicare and Medicaid was relevant to determining the plaintiff’s need for long-term medical expenses. Determinations of future medical expenses are often some of the most complex questions that are addressed in Florida personal injury cases.