South Florida Injury Lawyer Blawg

Injuries Caused by Mechanical Malfunctions in Cars in Florida

Published on: December 28, 2017 | by Law Offices of Robert Dixon

Car accidents can cause serious injuries and even death, resulting in high medical costs and other significant expenses. If you have been injured in a car accident that was caused by a mechanical defect or malfunction, we can help. At the Law Offices of Robert Dixon, our Miami car accident attorneys will aggressively pursue the compensation you deserve for your harm. With years of experience, we have helped many South Florida clients resolve their injury claims and can help you as well.

While many car crashes are caused by driver negligence, some accidents occur because of mechanical issues. Mechanical problems can cause a driver to lose control of the car and get into an accident. Many types of mechanical defects or malfunctions can cause car accidents, including:

Seat belt injuries;

Truck Collides with Florida School Bus, Who is Liable?

Published on: December 21, 2017 | by Law Offices of Robert Dixon

If your child has been injured in a school bus accident, it is imperative to speak to an experienced Miami motor vehicle collision attorney who can assess the merits of your case. At the Law Offices of Robert Dixon, we can investigate the accident and provide you with an honest assessment of your claim. You can rest assured that we are committed to pursuing the compensation you deserve for your harm.

Earlier this month, a school bus in Highlands County flipped on its side after a crash with a semi truck, which smashed into pieces. Fortunately, all 39 of the students on the bus made it out of the accident alive, although at least 22 people were taken to the hospital following the wreck. The school bus was traveling north on US 27 in the right lane just before 8 a.m., and the tractor-trailer was traveling north on US 27 in the right lane as well, some distance behind the bus. At one point, the bus came to a stop at Lake Ridge Drive to permit students to load the bus. Even though the bus had its flashing lights on, warning other drivers that it was stopped, the truck failed to stop in time and hit the bus.

A number of parties may be liable for a bus accident. In the case at hand, the truck driver who hit the bus would likely be considered negligent and be liable for the crash and any resulting injuries. Negligence occurs when an injury or death occurs due to a person or entity’s failure to use reasonable care. Reasonable care is defined as how a prudent person would act in the same or similar circumstances. Here, a truck driver using reasonable care would have been more vigilant in maintaining a reasonable speed and braking distance and thus would have been able to come to a complete stop when the bus stopped. It is important to note that under Florida law, in some cases, the truck driver’s employer may be liable for the truck driver’s negligence as well.

Assumption of Risk Doctrine in Florida

Published on: December 21, 2017 | by Law Offices of Robert Dixon

If you have been injured in a trip and fall accident, you need to reach out to a skilled Miami premises liability attorney who can evaluate your case and determine your rights.

The Florida Supreme Court has previously ruled that an express assumption of risk only exists in express contracts not to sue and injuries caused by contact sports. In a recent case, the Fifth District Court of Appeal addressed the concept of assumption of risk in Florida.

Assumption of risk is a common defense used by many defendants in Florida personal injury cases. Under the assumption of risk doctrine, courts can prevent plaintiffs from holding others accountable for their injuries when they engage in an activity that they know is dangerous. In other words, a plaintiff cannot sue for injuries when the plaintiff was partaking in a hazardous activity for which the risks were known.

Vehicles in Florida and Elsewhere Being Recalled Due to Fuel Leaks

Published on: December 21, 2017 | by Law Offices of Robert Dixon

If you or someone close to you was injured due to an auto defect in a vehicle, you should reach out to a seasoned Miami auto defect attorney who can help you understand your rights. At the Law Offices of Robert Dixon, we are committed to holding automakers accountable for the harm that they cause. We understand the complexities of this area of the law and will aggressively advocate for your rights at every step of the way.

According to documents posted on the National Highway Traffic Safety Administration’s website, automakers recently recalled about 135,000 Porsche and Volkswagen sport utility vehicles over the danger of a fuel leak. This recall indicates that Volkswagen and its corporate affiliates, Audi and Porsche, have recalled about 278,000 vehicles in the last year for the same issue. The problem is that fine hairline cracks can appear on the filter flange of the fuel pump, allowing a small amount of fuel to leak. The danger of a fuel leak signifies a potential fire hazard, although the automaker’s reports did not mention whether any actual fires took place.

While most automobile accidents in Florida can be addressed through a negligence lawsuit, auto defects can typically be resolved through a product liability claim. Product liability lawsuits can be classified in one of three ways: manufacturing defects, design defects, and failures to warn. A manufacturing defect occurs when a mistake is made in the assembly of a product, resulting in an item that is not created as it was intended. A design defect takes place when there is a fundamental flaw in the design of the product, making it inherently dangerous to users. In some cases, a plaintiff may have a claim based on a manufacturer’s failure to warn about inherent but non-obvious risks to the user.

Florida Woman Sues Apple For Injuries Sustained in Store

Published on: December 21, 2017 | by Law Offices of Robert Dixon

While most retail stores are well-run places where customers can browse and make purchases safely, the reality is that some accidents are bound to happen in these spaces. If you or someone close to you has been injured in a retail store, you may be able to seek compensation for your harm. At the Law Offices of Robert Dixon, our seasoned Miami premises liability attorneys understand how to navigate these types of cases and can put our knowledge to use in your case.

In a recent lawsuit filed in the Southern District of Florida, a St. Lucie County plaintiff is suing an Apple store for an injury suffered while in the store. According to the complaint, the plaintiff had arrived to the store to have her iPhone repaired. An employee went to retrieve an iPhone case from a wall located within the store. At that time, the store employee dropped a sharp metal shelf bolder on the plaintiff’s left arm while looking for an iPhone case for her.

According to the Occupational Safety and Health Administration, accidents do not just happen. In fact, nine out of 10 customer accidents result from some form of negligence. In the case at hand, the plaintiff seeks damages for her injuries, which she alleges are serious and have caused her to become lame and disabled and may even result in permanent injuries. The plaintiff further alleges that her injuries were caused solely by the negligence of the defendant without any contributory negligence on her part.

Injuries at School in Florida

Published on: December 21, 2017 | by Law Offices of Robert Dixon

By this time of year, students and parents have typically settled into new school routines in their new classrooms. A new school year can be exciting, and parents expect their children to be safe as their children transition into it. Unfortunately, the reality is that many children in Florida and throughout the United States are injured on school grounds each year. If your child has been hurt in a classroom at school, you need to reach out to a skilled Miami school injury attorney who can evaluate your case and help you pursue the compensation you deserve.

According to the research conducted by the National SAFE KIDS Campaign, an estimated 2.2 million children ages 14 and under sustain school-related injuries each year. While a number of these are unintentional, they are often results of negligence, such as lack of teacher supervision or poorly maintained facilities on a school campus. In fact, lack of supervision causes or contributes to approximately 40 percent of playground injuries.

School injuries can have a variety of causes, including the following:

Defective playground equipment;
Failure to supervise;
Failure to use appropriate safety equipment for a given activity;
Improper food preparation;
Lack of emergency preparedness;
Insufficient maintenance on school grounds (such as not removing asbestos tiles).

Florida Court Examines Applicability of Recreational Immunity Statute

Published on: December 21, 2017 | by Law Offices of Robert Dixon

Property owners in Florida have a legal obligation to keep their premises in a reasonably safe condition so as not to injure those who visit the property. If you or your loved one has been injured on someone else’s property, you may be entitled to compensation. At the Law Offices of Robert Dixon, our Miami premises liability attorneys can examine the facts of your case and help you determine your rights and options.

In a recent Florida case, the appellate court discussed the applicability of a recreational use statute to a skating injury. The facts of the case are as follows. The plaintiff was rollerblading on a city street when he tripped over a pothole and sustained serious injuries. The plaintiff went on to file a premises liability claim against the city, claiming that the City was negligent in failing to repair or warn against the pothole that caused his injuries.

Florida Statute, Section 316.0085, also known as the Recreational Statute, is intended to promote skateboarding and inline skating along with other recreational activities. The statute expressly states that if a government entity sets aside an area for these types of activities, that government entity is not liable for any resulting injuries in the area in the absence of a failure to warn about a hazardous condition of which someone does not and could not reasonably be expected to have notice. Put simply, the statute says that the government is not liable for injuries that occur at skate parks and areas where skateboarding is allowed.

Who is Liable if you are Injured on an Airbnb Property in Florida?

Published on: November 14, 2017 | by Law Offices of Robert Dixon

Airbnb has become a popular option for travelers in Florida, the United States, and even the world. Cheaper accommodations and increased privacy are just some of the reasons people choose Airbnb over traditional hotels. While most people stay at these properties without incident, the reality is that accidents do happen. If you have been injured at an Airbnb property, you need to reach out to a seasoned Miami premises liability attorney who can protect your rights. At the Law Offices of Robert Dixon, we will look into the facts of your case and come up with a legal strategy accordingly.

Airbnb is an online community marketplace that connects people looking to rent their homes with individuals looking for accommodations. Since Airbnb’s founding in 2008, 140 million guests have stayed at these properties. In cities like Paris, San Francisco, and Seattle, the size of the host-and-guest community in 2016 approached or exceeded 20 percent of the population. In 2016, the company reported more than 750,000 guests in Florida.

As with any other type of property, people can get injured at these short-term rentals. The types of injuries that can occur include:

Slip, trip, and fall accidents;
Electrical fires and burns;
Poor lighting causing accidents;
Broken furniture or cabinets injuring guests;
Broken stairs or steps causing falls or traumatic injuries; and
Broken tiles or pavers leading to injuries.

Summary Judgment in Florida Personal Injury Cases

Published on: November 2, 2017 | by Law Offices of Robert Dixon

Unfortunately, people in Florida are injured in accidents all the time. If you or someone close to you has been hurt in an accident caused by someone else’s negligence, you may be able to recover compensation for your harm. If you find yourself in a lawsuit, however, you could be faced with a motion for summary judgment, which is a request to end a case without a trial. At the Law Offices of Robert Dixon, our skilled Miami injury attorneys understand how to navigate these types of cases, including how to use and respond to certain procedural devices in the case, like motions for summary judgment.

In law, a motion for summary judgment is filed by an opposing party and claims that you cannot win your case because there is no legal dispute or because your claim is without merit. Also sometimes known as ‘judgment as a matter of law,’ summary judgment is a method to decide an issue or an entire case without going to trial. Failing to respond to a motion for summary judgment can result in your case being dismissed or a judgment being entered against you.

Under the Florida Rules of Civil Procedure, a party is entitled to summary judgment only when there is “no genuine issue as to any material fact, and the moving party is entitled to judgment as a matter of law.” The court will grant summary judgment if one side presents undisputed facts that entitle that side to win because of the existing law relating to that issue. Put another way, in order for summary judgment to be appropriate, the moving party must establish that the opposing party cannot win, even if all credibility conflicts are resolved in the opposing party’s favor. For example, if a jurisdiction requires the plaintiff in a medical malpractice claim to produce an expert witness to establish his or her case, summary judgment may be appropriate if that plaintiff cannot produce a qualified expert.

Crush Injuries in Florida

Published on: November 2, 2017 | by Law Offices of Robert Dixon

Crush injuries are some of the most painful and devastating injuries a person can suffer. If you have sustained a crush injury in an accident that was not your fault, you may be able to recover compensation for your harm. With years of experience, our diligent Miami personal injury lawyers are prepared to represent you in all aspects of your case. At the Law Offices of Robert Dixon, we can provide the advocacy and legal counseling you need to deal with a crush injury. Filing a claim is time-sensitive, which means it is imperative to contact a lawyer as soon as possible after your injury.

A crush injury typically occurs when force or pressure is put on a body part, causing that body part to be crushed. This most often happens when part of the body is squeezed between two heavy objects. For example, a person’s arm could be crushed if elevator doors shut on it. Another example would be if a big rock or boulder fell on your foot, crushing it. The injuries resulting from these kinds of accidents can range from minor bruising to severe crushing that could result in amputation and even death. Other consequences of crush injuries can include lacerations, fractured bones, nerve damage, compartment syndrome, and paralysis.

If you have suffered a crush injury because of someone else’s actions, you should file a negligence claim against the at-fault party. To establish negligence, the victim must show that he or she was owed a duty of care, that the defendant breached the duty of care, and that the victim’s injuries were a direct result of the defendant’s breach. The duty of care refers to each person’s obligation to use the level of care and caution that a reasonably prudent person would use in the same or similar circumstances.