South Florida Injury Lawyer Blawg

Florida Appellate Court Clarifies Limits of Medical Malpractice

Published on: August 17, 2018 | by Law Offices of Robert Dixon

Medical malpractice is a serious problem in Florida and across the United States. If you or someone close to you has been injured due to the negligence of a medical professional, you may be entitled to compensation for your harm. At our Law Offices, our Miami medical malpractice attorneys can help you decide if a medical malpractice claim is in your best interests.Earlier this month, Florida’s Third District Court of Appeal reversed a lower court’s ruling dismissing a complaint that alleged hospital staff were negligent for failing to supervise a psychiatric patient who beat the victim with a pipe.

What happened in the case was that another patient entered the plaintiff’s hospital room with a metal handrail and started to beat him. The plaintiff suffered injuries as a result and subsequently sued the hospital.

City of Lauderhill Offers Parents $475,000 in Personal Injury Case

Published on: July 19, 2018 | by Law Offices of Robert Dixon

Emergency medical technicians (EMTs) have a stressful job. They have to make quick assessments and decisions accordingly. When EMTs make mistakes, they can cause serious injuries to a patient. If you or someone close to you has been injured due to an emergency responder’s negligence, you may be entitled to compensation for your harm. At our Law Offices, our Miami medical malpractice attorneys can assess your case and help you understand all of your options.

Two parents took the advice of Lauderhill emergency responders, who told them that their baby would “poop out” the remote control battery he swallowed and thus did not immediately take their son to the hospital. In fact, the emergency responders told the mother that if they took their child to the hospital, they would be told the same thing.

The mother inspected the child’s next two bowel movements, but there was no sign of the battery. The next morning, the child vomited, and she called poison control, who told her to take the child to the hospital immediately. At the hospital, X-rays confirmed that he had a button battery in his throat. When his saliva interacted with the battery lodged in his esophagus, it corroded and damaged his throat. As a result, he suffered serious medical complications, which required multiple surgeries and hospitalization for three months.

Traveling Fairs and Carnival Injuries in Florida

Published on: July 19, 2018 | by Law Offices of Robert Dixon

Traveling fairs and carnivals can be a great source of fun for the entire family. Ferris wheels, sweet treats, and an assortment of games are designed to provide relatively inexpensive entertainment to all ages. While most people enjoy these places without incident, the reality is some do sustain preventable injuries. If you or a loved one has suffered an injury at a local fair or carnival, you need to reach out to a skilled Miami premises liability attorney who can help. At our Law Offices, we are committed to getting clients the compensation they deserve for their harm.

According to the Outdoor Amusement Business Association (OABA), an estimated 500 million guests visit carnivals, fairs, and festivals each year. OABA believes that over half of these individuals partake of mobile amusement rides. Given the favorable climate, a number of fairs and carnivals take place in Florida each year. The Consumer Product Safety Commission regulates traveling carnival rides, but it is often understaffed and does not sufficiently monitor the rides for safety. While the risk of injury is relatively low, one in 9 million according to OABA, the reality is some people do get injured. Injuries at a carnival or fair can happen in a variety of ways, including but not limited to:

- Ride injuries (i.e., on roller coasters, Ferris wheels, merry-go-rounds, or carousels);

Pedestrian Bridge Collapses at Florida International University

Published on: July 19, 2018 | by Law Offices of Robert Dixon

If you or someone close to you has been injured or killed in a preventable accident on someone else’s property, you need to reach out to a seasoned Miami premises liability attorney who can help you understand your legal rights and options.

Earlier this month, a pedestrian bridge collapsed at Florida International University that killed six people and injured nine others. Now, a man who claims he was seriously injured while riding his bicycle under the bridge at the time it collapsed is suing the University for damages. The lawsuit will seek to answer many of the same questions under investigation by federal and state officials. The National Transportation Safety Board is trying to figure out the exact cause of the accident. One of the main issues in the case is if there was reason to know the bridge was in a dangerous condition. There are reports that the lead engineer noticed the cracks on the bridge and called a state official to warn of these cracks, but he insisted there was no immediate cause for concern.

Those injured in the bridge collapse will likely be able to recover compensation through a negligence claim. Negligence law intends to hold individuals accountable who act carelessly with little regard for others’ safety. To show negligence, however, the plaintiff does not need to show that the defendant had ill intent or meant to cause the harm. Instead, negligence takes place when a person or company fails to use the level of care and caution that a person or company using reasonable care would have used in the same or similar circumstances. For example, a company using reasonable care would have taken prompt action to remedy cracks on a bridge, understanding the potential risk of accidents, injuries, and death associated with such cracks.

Window Blind Cord Injuries in Florida

Published on: July 19, 2018 | by Law Offices of Robert Dixon

You may not realize that window blinds cause a number of injuries, and even deaths, in Florida and across the country each year. Children and toddlers are particularly susceptible to such injuries. If you or your child has been injured or killed due to a dangerous window blind cord, you may be entitled to damages for your harm. At our Law Offices, our Miami product liability attorneys are ready to examine the facts of your case and determine the viability of your claim.

According to the United States Consumer Product Safety Commission (CPSC), window blinds and shades that come with cords to open and close window blinds are among the top five hidden dangers to children in the home. In fact, one study found that over 16,000 children in the U.S. were treated in emergency departments for injuries caused by window blinds between 1990 and 2015, an average of almost two children each day. In addition, the report found that one child per month died as a result of window blind strangulation during this time period.

The most common ways children are injured by window shade cords include being tangled in window cords while playing, sleeping, seeking attention, or trying to get out of their crib, and when toddlers attempt to look outside a window and climb onto a piece of furniture placed near the window, after which they lose their balance and fall while getting tangled in the window cord.

Florida Court Does Not Enforce Arbitration Clause in Nursing Home Case

Published on: July 19, 2018 | by Law Offices of Robert Dixon

The unfortunate reality is that nursing home negligence injures a number of people in Florida and across the United States each year. If you or someone close to you has been injured due to a nursing home’s negligence, we can help. At the Law Offices, our Miami nursing home negligence attorneys can assess the merits of your case and determine the viability of your claim. We understand that this is a sensitive issue, which is why you can expect the utmost compassion from us throughout the entire legal process.

Sadly, elders often fail to receive the care they need and deserve. In fact, the American Association of Justice reports that only one in 14 nursing home abuse cases are reported to the proper authorities, and over 90 percent of nursing homes do not have enough staff to look after their residents properly.

A Florida appellate court recently issued an opinion regarding a wrongful death claim filed by a woman whose husband died in a nursing home facility. The case asked the court to figure out the validity of an arbitration clause in a contract that was signed by the nursing home resident’s wife before he was admitted into the facility. An arbitration clause is a clause in a contract that requires the parties to resolve their disputes through an arbitration process.

Orlando Walmart Faces Trip and Fall Lawsuit

Published on: July 19, 2018 | by Law Offices of Robert Dixon

Trip and fall accidents can lead to extremely serious injuries, such as broken bones, neck and back injuries, and even brain injuries. If you have been injured at a shopping center, you may be able to file a lawsuit against the property owner. At the Law Offices, our seasoned Florida premises liability attorneys are committed to helping clients pursue the compensation they need for their harm.

A customer who was injured after she tripped over a shopping cart left in an Orlando Walmart aisle filed a personal injury claim against the retail store. The facts of the case were as follows. On February 5, 2016, the plaintiff was at Walmart when she tripped and fell over a shopping cart that was left in the walkway. As a result of this fall, the plaintiff claims she suffered bodily injury, pain and suffering, disability, mental anguish, lost wages, and medical costs. The plaintiff alleges that the defendant shopping center failed to use due care to maintain its premises in safe conditions. Specifically, she argues that Walmart failed to properly inspect and maintained the walkway, failed to remedy the hazard, and failed to warn the plaintiff of the hazard.

Shoppers expect a safe environment, free of hazards, when they shop. Property and storeowners are responsible for keeping their premises safe and free of dangers. As a result, if a shopper is hurt in the store, that shopper may be able to hold the property owner accountable through a Florida premises liability claim. Premises liability law makes property owners responsible for certain injuries suffered on the property. The degree of care required from a property owner depends on the type of visitor to the property. Visitors can be categorized in one of three ways:

South Florida Drivers Affected by Airbag Recall

Published on: June 15, 2018 | by Law Offices of Robert Dixon

Every day, millions of people drive on Florida roads, and many of them may not even know that their vehicle is part of a huge airbag recall. If you or someone close to you has been injured by a defective airbag, you may be entitled to compensation for your harm. At our Law Offices, our skilled Miami product liability attorneys will hit the ground running to protect your rights. With years of experience, we understand how to navigate these complex legal claims.

Members of the National Highway Traffic Safety Administration (NHTSA) are teaming up with automakers and community members to warn people of the dangers of defective airbags. The recall involves several airbag types, all made by Takata. In fact, the Takata airbag recall is the largest vehicle recall in history. Experts say that heat and humidity make the defect worse, which is why there is an extra push to raise awareness now.

In Florida alone, there are more than 1.4 million cars with defective airbags in need of repair. Accordingly to the NHTSA, approximately 15 people have died from the defect, and more than 200 have been seriously injured. Three people who died are from Florida. Part of the NHTSA’s awareness campaign highlights that the matter is urgent, and repairs should be sought as soon as possible.

Slip and Fall Injuries in Florida Restaurants

Published on: June 15, 2018 | by Law Offices of Robert Dixon

Florida restaurants have a legal obligation to keep their properties safe for customers. From the parking lot to the dining spaces, property owners have a duty to make sure that diners are not exposed to dangers. If you or someone close to you has been injured in a slip and fall or trip and fall accident at a restaurant, we can help. At our Law Offices, our seasoned Miami premises liability attorneys can evaluate your case and help you understand your legal rights and options. We are here to answer your questions and address your concerns at every step of the way.

Fall accidents in restaurants are more common than you may think. The Bureau of Labor Statistics (BLS) found that there were more than 50,000 reported injuries in the restaurant industry in 2016, a number of which were caused by slip and fall accidents. A number of risk factors, such as spills on walking surfaces as well as rain or mop water on the floors, can lead to slipping hazards that can cause people to slip and fall. In addition, loose mats or rugs, debris, and other hidden hazards can create tripping hazards within a restaurant. According to BLS data, about 15,000 reported nonfatal slip, trip, and fall injuries occurred in the restaurant industry in 2016.

All property owners in Florida have a duty to maintain their property and make sure it is free of hazards in order not to cause injuries to those who enter the land. The specific duty owed by a landowner to a visitor depends on the status of the visitor. For instance, a property owner owes a higher duty of care to a paying customer than a trespasser. In Florida, business owners, including restaurant owners, owe their customers the highest duty of care. These customers are legally categorized as people who are legally known as ‘invitees’ – individuals who are invited onto the property for business reasons. As a result, restaurant owners must protect invitees against known and reasonably ascertainable dangers. For example, if there is a spill on the floor, the restaurant should immediately put a “wet floor” sign to warn customers and then clean up the spill as quickly as possible. If the hazard cannot immediately be remedied, the restaurant should leave signage there or try to block off the area.

Summer Means Increased Risk of Teen Deaths in Florida Due to Car Crashes

Published on: June 15, 2018 | by Law Offices of Robert Dixon

Teenagers are inherently inexperienced drivers. This inexperience often leads to serious, sometimes deadly accidents. If you were injured in a crash caused by a teenage driver, you may be entitled to compensation for your harm. At our Law Offices, our Miami car accident attorneys understand the intense physical and emotional pain that often follows from a serious car crash. We will make every effort to help you get a fair resolution in your case.

This year, the time between Memorial Day and Labor Day spans 98 days. Statistics show that during this time, there is an increased risk of dying in a car accident for teens. The percentage of teens who drink and drive has decreased by more than half in the past 25 years, according to the Centers for Disease Control and Prevention. However, 16-20-year-old drivers are 17 times more likely to die in motor vehicle accidents when their blood alcohol content is 0.08 percent than drivers who have not been drinking.

During each summer month, an average of 260 teenagers are killed in car crashes, an increase of more than a quarter compared with the other seasons. In fact, according to one estimate, motor vehicle crashes are the leading cause of death for teenagers. An increase in summer deaths may take place for a number of reasons. For one, teenagers are not in school and are spending more time on the road driving around with their friends, which can also make them prone to distractions from within the car. Additionally, teenagers may be experimenting with drugs and alcohol more during the summer months, which, when mixed with driving, can lead to devastating consequences.