South Florida Injury Lawyer Blawg

Florida Property Owners May be Responsible for Injuries Resulting from Uneven Sidewalk

Published on: April 24, 2019 | by Law Offices of Robert Dixon

Property owners have a responsibility to ensure that property under their control is in safe conditions and free from hazards that could cause injury to those to who visit the premises. If you or a person you know has sustained an injury in a slip and fall mishap on another’s property, you could be eligible to recover monetary damages. At the Law Offices of Robert Dixon, our seasoned Miami premises liability lawyers are committed to getting clients the compensation they deserve for their harm.

Florida Court Addresses Issue of ‘Open and Obvious” Danger in Recent Case

In a recent premises liability case, the 5^thDCA discussed whether a plaintiff’s case should be able to move toward trial even though the hazard instigating her fall was open and obvious. In Middleton v. Don Asher & Associates, a fifteen-year resident of a condominium complex tripped on an uneven sidewalk in the community. She used that path routinely during her time as a resident there. As a result of the fall, the woman suffered serious injuries and sued the condominium association as well as its property manager.

At trial, the condominium association claimed that the uneven sidewalk was an open and obvious danger, which is why the plaintiff was not entitled to compensation for her injuries. The trial court agreed and granted the defendant’s motion for summary judgment, explaining that the uneven sidewalk was, as a matter of law, an open and obvious danger.

Florida Court Addresses Spoliation of Evidence Issue in Car Accident Cases

Published on: April 24, 2019 | by Law Offices of Robert Dixon

Sadly, car accidents happen on a daily basis in Florida and throughout the country. If you have been seriously hurt or someone you know has died in a car accident, you may be able to recover compensation from the at-fault party. While no sum of money can take away the pain you have suffered, it can help pay for the bills that suddenly pile up after an accident. At the Law Offices of Robert Dixon, our seasoned Miami car accident attorneys know how to preserve evidence and build the strongest case possible on your behalf.

Calhoune v. Ford Motor Company et al

In cases where an accident is allegedly caused by a design or manufacturing defect, the car itself can be critical evidence in establishing fault. Following an accident, the plaintiff often has an obligation to preserve the vehicle so that the opposing party can properly inspect it. Failure to preserve the car could potentially negatively impact the plaintiff’s case. In Calhoune v. Ford Motor Company et al, a Florida court recently discussed when an adverse inference instruction against the plaintiff for not preserving a vehicle that supposedly had a design or manufacturing defect is appropriate.

In this case, the plaintiff was driving his Ford Mustang GT on an interstate when he swerved to avoid hitting a vehicle that made an improper lane change and lost control of his car, which ultimately flipped over and landed on its roof. The plaintiff sustained such severe injuries that his left arm had to be amputated. The plaintiff’s insurance company determined that the Mustang was a total loss, which led to the plaintiff transferring the title of the car to the insurance company. Neither party preserved the car.

Florida Court Holds HOA not Liable for Car Crash Caused by Dangerous Parking Policy

Published on: April 17, 2019 | by Law Offices of Robert Dixon

Depending on the severity, car crashes can be devastating. If you have been injured in a car wreck, you could potentially recover a variety of damages, such as medical bills, lost wages, pain and suffering, property damage and more. At the Law Offices of Robert Dixon, our highly skilled Miami car accident attorneys are committed to fighting for the rights of South Florida clients. When you hire us, you can rest assured that we will handle the legal details so you can focus on healing.

The Case

In Seminole Lakes Homeowner’s Association (HOA) v. Esnard, the court held that a HOA that creates conditions that lead to an accident does not necessarily mean the HOA will be liable for the accident when the condition created by the HOA did not directly lead to the accident.

In the case at hand, when facing a serious parking problem, the HOA allowed on-street parking, even though restrictive covenants required otherwise. The municipal code prohibited on-street parking that could interfere with the flow of traffic. Permitting on-street parking prevented two cars from traveling between vehicles parked on either side of the street.

Driver, Passenger Extricated from Car by Firefighters After Serious Florida Highway Accident

Published on: April 17, 2019 | by Law Offices of Robert Dixon

If highways and freeways are part of your daily commute, as is the case for many Americans, your chances of getting into a car accident are significant. If you or a loved one was injured in a highway accident, you are probably overwhelmed and may even be unsure of your next steps. At the Law Offices of Robert Dixon, our knowledgeable Miami highway accident attorneys are committed to protecting the rights of South Florida clients by vigorously seeking the compensation they rightfully deserve for their injuries.

A serious accident on I-75 in Marion County sent a driver and passenger to the hospital after a semi truck landed on top of a car in a multi vehicle collision. The 18-wheeler, packed full of produce, had to be cut through to reach the car, which was trapped underneath. Ultimately, the car door was cut through and the driver and passenger were rushed to the hospital with traumatic injuries. A crane was also brought to the scene so firefighters could search underneath the big rig to make sure no one else was trapped. The collision involved two tractor-trailers and three vehicles. The exact cause of the accident is still unknown.

Bridge and Overpass Accidents in Florida

Published on: April 17, 2019 | by Law Offices of Robert Dixon

Bridges and overpasses are an essential part of Florida’s infrastructure as they connect different places and allow people to easily travel to various parts of the state. However, bridges are also often the sites of motor vehicle accidents. If you have been hurt in a car accident that took place on a bridge, you may be entitled to recoup damages for your injuries. At the Law Offices of Robert Dixon, our highly reputable Miami car accident attorneys understand how to handle complicated auto accident claims and can apply our knowledge to building a strong case on your behalf.

Women Dies in a Single Car Accident on Buckman Bridge

A 27-year-old Middleburg woman recently died after a single-vehicle crash on the Buckman Bridge last week. According to the Florida Highway Patrol (FHP), the woman was driving south on the bridge early in the morning when she lost control of her SUV, crossed all four lanes of the bridge and slammed into the inside barrier wall head on. She was rushed to the hospital where she died. FHP revealed that the woman was not wearing a seatbelt at the time of the accident. The left and center lanes of the highway were blocked for several hours as law enforcement tended to the scene.

Motorcycle Strikes Pedestrian in Deadly Florida Accident

Published on: April 17, 2019 | by Law Offices of Robert Dixon

Sadly, pedestrian accidents are far too common. If you have sustained an injury in a pedestrian accident, it is vital to contact a reputable Miami injury attorney who can help. At the Law Offices of Robert Dixon, we know how a pedestrian accident can turn your life upside down in an instant. You can rest assured that we will examine the details surrounding your injury and create a custom legal strategy for your case.

Earlier this month, two people died in a fatal motorcycle accident that took place in Lee County. A 49-year-old man was operating the motorcycle when he hit a 70-year-old pedestrian who was trying to cross the street at the time. According to the Florida Highway Patrol (FHP), both the motorcyclist and pedestrian were pronounced dead at the scene. A passenger on the motorcycle was transported to a local hospital to be treated for serious injuries. The FHP is currently investigating the accident.

Pedestrian Accident Statistics

According to the National Highway Traffic Safety Administration, there were 5,987 pedestrians killed in traffic crashes in 2016. Data from Governors Highway Safety Association found that, in 2016, Florida ranked 2^ndhighest in terms of pedestrian fatalities at 3.22 per 100k population, right behind New Mexico, which had 3.45 deaths per 100k population. That same year, Miami-Dade had 83 pedestrian fatalities, putting it in the top ten counties with the largest number of pedestrian deaths in the country for 2016. Broward County also made the list with 67 pedestrian fatalities that year.

Florida Wine Recalled Due to Small Bits of Glass Found in Bottles

Published on: April 17, 2019 | by Law Offices of Robert Dixon

When you open a bottle of wine or any other beverage, the last thing you expect to find inside is glass. Unfortunately, pebbles, glass, and other random objects in food and beverage products are more common than you may think. If you or someone close to you was injured by a foreign object in your food, you may be able to recover compensation for your harm. At our Law Offices, our Miami product liability attorneys can examine the facts of your case and help you understand your legal rights and options.

Last month, certain bottles of Florida wine were recalled for containing glass bits.

Seavin, Inc. announced a voluntary partial recall of select 750 milliliter glass bottles of its Lakeridge and San Sebastian wines because small grains or bits of glass were found in the bottles. The recall comes after testing related to the wine company’s production methods. The testing focused on a manufacturing defect affecting glass bottles used by Seavin in certain production runs. It is important to note that the affected bottles come from only one glass packaging manufacturer that supplies Seavin with its wine bottles. It is claimed that the risk to the public is extremely small because the number of bottles potentially containing pieces of glass is numerically insignificant.

One Motorcyclist Dead, One Man Critically Injured in Florida Highway Accident

Published on: March 12, 2019 | by Law Offices of Robert Dixon

Riding a motorcycle can be a fun and thrilling experience but it is also very dangerous no matter how careful a rider is. Have you suffered an injury in a motorcycle accident? If so, we can help. At the Law Offices of Robert Dixon, our Miami motorcycle accident attorneys have an advantage, due to our experience, when it comes to Florida personal injury claims. We will work diligently on your behalf to help you obtain the compensation you need on your road to recovery.

Eastbound lanes on Interstate 4 were shut down earlier this week following a deadly collision involving two cars and two motorcycles. According to the Florida Highway Patrol (FHP), an accident between two cars caused the drivers to change lanes and crash with the two motorcycles. Law enforcement stated that both motorcylists were thrown from their bikes as a result of the crash. One of the motorcyclists, a woman, died on the spot. The other, a man, was transported to the hospital with critical injuries. FHP says that charges are pending against the driver that caused the wreck. The lanes reopened almost eight hours later.

Florida Supreme Court Clarifies Causation in Medical Malpractice Cases

Published on: February 14, 2019 | by Law Offices of Robert Dixon

If you or your loved one has been injured by the negligence of a medical professional, we can help you pursue compensation for your injury. Medical malpractice cases are tough but you can take comfort in knowing that the highly skilled Miami medical malpractice attorneys at the Law Offices of Robert Dixon can help you determine what happened and who is responsible.

The Case

In a recent opinion, the Supreme Court of Florida discussed the element of causation in Florida medical malpractice cases. The facts of the case are as follows. A woman went to the doctor after she noticed a large mass on the back of her head. The primary care physician told her it was a tumor and sent her to a surgeon. Instead of ordering a biopsy to confirm the diagnosis, the neurosurgeon simply advised the patient that having surgery to remove the “tumor’ would be the best option. During surgery, the woman went into cardiac arrest and died. As it turns out, she had undiagnosed cardiac risk factors.

Her husband, the plaintiff, then filed a medical malpractice lawsuit against the hospital for damages alleging that the negligence of several doctors, including the anesthesiologist, was the direct cause of his wife’s death. Specifically, the plaintiff claimed that the anesthesiologist failed to identify abnormal test results during pre-operative clearance, which would have led to surgery being cancelled and the decedent would not have died.

Florida Court Applies Open and Obvious Doctrine in Florida Premises Liability Case

Published on: February 14, 2019 | by Law Offices of Robert Dixon

If you have been injured on someone else’s property, you may be able to recover damages for your injuries through a premises liability lawsuit. At the Law Offices of Robert Dixon, our highly skilled Miami injury attorneys have extensive experience handling premises liability cases and are prepared to vigorously advocate for your rights to get you the full and fair compensation you deserve.

Florida property owners have a legal obligation to make sure their property is in reasonably safe conditions so individuals who enter the premises are not injured. If the property owner fails to ensure the property is safe, he or she could be liable for any injuries that result from a property defect.

Under Florida law, property owners must exercise “ordinary care” to keep the property in a reasonably safe condition. Secondly, a property is required to warn guests of known dangers that may not be immediately apparent to the visitor. There is, however, one exception to this rule. Property owners have no duty to warn visitors of a danger that is “open and obvious.” In fact, this is a defense that can be used by the property owner in situations where a person claims the property owner’s failure to warn was the cause of injury.