South Florida Injury Lawyer Blawg

Salon and Spa Injuries in Florida

Published on: January 30, 2017 | by Law Offices of Robert Dixon

Visiting a spa or salon is meant to be an enjoyable and relaxing experience. Beauticians and aestheticians have an obligation to ensure that a client’s health and safety are never put at risk. If you or someone close to you has been harmed at a salon or spa, you may be entitled to compensation. At the Law Offices of Robert Dixon, we can explore the facts of your case and determine whether or not you have a viable legal claim.

Salons and spas often use a number of toxic chemicals that require knowledge and training to prevent injuries to clients. Some common types of chemicals that may be used are facial peels, hair dyes, cosmetics, and glues or other adhesives for extensions. Furthermore, salons and spas use a number of tools to do manicures, pedicures, and hair and skin treatments. A few examples of salon and spa injuries include the following:

Burns from skin treatments (i.e., laser burns);
Burns from chemicals or hot hair tools dropped or used incorrectly by a stylist;
Infections;
Disfigurement; or
Baldness from hair treatments.

The Rescue Doctrine in Florida

Published on: January 30, 2017 | by Law Offices of Robert Dixon

Many people in Florida and across the United States place their own safety and lives at risk to help others. If you have been injured while you were attempting to rescue someone, you may be entitled to compensation. At the Law Offices of Robert Dixon, our Miami injury lawyers can consider the details of your case and determine whether you have a claim.

In Florida, there is no legal duty to rescue someone in an emergency situation. However, if a person does undertake a rescue and is injured by a third party’s negligence, the rescuer may be able to take legal action against that third party.

Under Florida law, a person who creates a dangerous situation for another person will be held to have caused the hazard not only for the victim but also for the person attempting to rescue the victim. As a result, the creator of the dangerous situation would be liable for the victim’s injuries as well as the rescuer’s injuries. In order to recover compensation under the rescue doctrine, the plaintiff rescuer must establish the following elements:

Florida Supreme Court Awards Attorney Fees to Plaintiff in Addition to 1.7M in Damages

Published on: January 30, 2017 | by Law Offices of Robert Dixon

In Anderson v. Hilton Hotels Corps., the plaintiff was seriously injured when a gunman in a Florida hotel parking lot attacked him. Specifically, the plaintiff was shot during an armed robbery, carjacking, and shooting that took place in the parking lot of a Central Florida Embassy Suites hotel. He subsequently filed a claim against the hotel, the hotel management company, the hotel investment firm, and the hotel security contractor for $1.7 million.

The plaintiff’s lawsuit was a premises liability claim, arguing that the defendants had not provided adequate security for the property, even though there was a foreseeable risk of harm to hotel guests. The plaintiff pointed to the fact that the guard on duty mainly worked inside the hotel and did not patrol the outside of the hotel. Additionally, lights that would have illuminated the parking lot were burnt out and had not been replaced for a number of months. The hotel staff had instructed the plaintiff to park in this lot despite its being poorly lit.

The statute permits that if a settlement offer is made by either side and is not accepted within a 30-day time frame, and the issue ends up going to trial and is decided in favor of the opposing party with a judgment that is an amount in excess or less of the original offer by 25 percent or more, the losing party must cover the lawyer’s fees of the other party.

Drunk Driving Accidents Around the Holidays in Florida

Published on: January 4, 2017 | by Law Offices of Robert Dixon

With the holidays come family gatherings and socializing with friends. Christmas and the New Year are a time when people are celebrating with those closest to them. But the sad reality is that drunk driving accidents injure and even kill a number of people each holiday season in Florida and across the United States.

According to Insurance Institute for Highway Safety data, January 1 has the highest percentage of traffic fatality deaths related to alcohol. In fact, between 2007 and 2011, alcohol accounted for 42 percent of all traffic deaths during the holiday. The National Highway Traffic Safety Administration, a division of the United States Department of Transportation, confirms this statistic and reports that nearly half of all traffic fatalities involve alcohol on New Year’s Day, compared to 28 percent for December.

Each person getting behind the wheel must be vigilant in making sure that they are capable of driving at that time. Under Florida law, driving under the influence (DUI) is an offense, proved by the impairment of normal faculties or an unlawful blood alcohol or breath alcohol level of .08 or above. Put another way, it is illegal to drive in Florida if your blood alcohol level is .08 or higher.

Allergic Reaction Injuries in Florida

Published on: January 4, 2017 | by Law Offices of Robert Dixon

Each year, a number of people in Florida are rushed to the emergency room for severe allergic reactions. In some cases, individuals suffer adverse reactions for a short time and can be treated quickly. In other extremely serious cases, however, individuals die from allergic reactions. Even when a person takes all the necessary precautions, serious reactions may take place due to mislabeled products, products that are not labeled properly, or instructions that are not followed properly.

According to Food Allergy Research & Education (FARE), up to 15 million Americans have food allergies, of which 9 million are adults and 6 million are children. FARE also reports that allergies seriously affect one in every 13 children (those under 18 years of age) throughout the country. Allergies to peanuts, tree nuts, fish, or shellfish are typically lifelong allergies. The Centers for Disease Control and Prevention reports that food allergies resulted in more than 300,000 ambulatory-care visits a year among children under the age of 18.

When you buy a product, you expect it to be labeled correctly. When there is no label, or the product is labeled incorrectly, it can pose a risk to people with allergies. If a mislabeled product has harmed you, you may be able to file a negligence claim against the at-fault party. Products can be faulty if they have a manufacturing defect, a design defect, or a lack of warnings.

Christmas Tree Accidents in Florida

Published on: January 4, 2017 | by Law Offices of Robert Dixon

The holiday season is a time of year when families, offices, and even stores put up Christmas trees and other festive decorations. While this can be great fun, the sad reality is that Christmas trees are often the cause of injuries to people across Florida and the United States.

The American Red Cross reports that approximately 47,000 fires take place during winter holidays throughout the country. The National Fire Protection Association has found that Christmas tree fires start up in an average of 230 homes every year and are responsible for $17.3 million in property damage each holiday season. Aside from the extensive property damage that these fires cause, they kill an average of four people every year and injure another 21.

In cases in which people are hurt or killed by holiday fires, they may have legal recourse. Your ability to file a premises liability claim will depend on where the holiday fire took place. Premises liability laws consist of a set of laws that govern injuries caused by defective property conditions. These claims are rooted in the theory of negligence. Negligence is a failure to exercise reasonable care in one’s actions that causes an injury to someone else. In Florida, property owners must keep their premises in a reasonably safe condition for those who are on the land.

Holiday Shopping Accidents in Florida

Published on: December 23, 2016 | by Law Offices of Robert Dixon

During the holiday season, many people in Florida and across the United States spend time in malls and stores as they buy gifts for their loved ones. Consumers are more likely to be focused on their shopping list than focused on the hazards that could injure them inside the store. The reality is that holiday sales attract large crowds who often descend into the store as soon as the doors open – creating a dangerous situation for everyone involved. If you or someone close to you has been injured in a holiday shopping accident, you may be entitled to compensation.

While the types of injuries that a person may sustain in a store may vary, the most common type of holiday sale accident involves a slip and fall. Property owners in Florida have an obligation to keep their premises in generally safe repair in order not to injure those who enter the property. Under Florida law, “invitees” are individuals who enter the property for business purposes, such as customers and employees of independent contractors. The property owner owes these individuals an extremely high duty of care. Specifically, when it comes to invitees, the property owner must: i) warn them of any concealed dangers that are known or should be known to the property owner and that are unknown to the invitee and cannot be discovered through the exercise of ordinary care; and ii) use ordinary care to keep the property in a reasonably safe condition.

The Wrongful Act Doctrine in Florida Injury Cases

Published on: December 23, 2016 | by Law Offices of Robert Dixon

Florida follows the ‘American Rule.’ Each party pays their own attorney’s fees, irrespective of whether they win or lose, unless there is some contract, statute, or court rule that says otherwise. This lets people file lawsuits without the fear of incurring excessive costs if they lose the case. The American Rule is in contrast to the English Rule, which mandates that the losing party always pays the winning party’s attorney’s fees.

An exception to the American Rule is the ‘Wrongful Act Doctrine,’ which allows a plaintiff to recover from a defendant, as an additional element of damages, the plaintiff’s litigation costs that resulted from asserting a claim or defense in a third-party lawsuit. To obtain such expenses, the defendant must have engaged in misconduct that caused the plaintiff to litigate with third parties or placed the plaintiff in a situation in which it was necessary to incur legal expenses to protect an interest.

Consider the following example. Plaintiff Peter owns a car. Defendant David wrongfully takes possession of the vehicle and sells it to a third party, Tom. Paul is now forced to take legal action against Tom to get the vehicle back. Peter also sues David due to his misconduct in taking the car in the first place. Under the Wrongful Act Doctrine, Peter is permitted to collect his lawyer’s fees incurred in the lawsuit against Tom but not the lawyer’s fees in the case between David and him.

Spoliation of Evidence in Florida Personal Injury Cases

Published on: December 23, 2016 | by Law Offices of Robert Dixon

If you or someone you know has been injured in an accident caused by the negligence of another party, it is important to consult a reputable Miami injury attorney who can examine the facts of your case. At the Law Offices of Robert Dixon, we understand how important it is to thoroughly investigate the matter and collect evidence in a timely manner. You can rest assured that we will handle every aspect of your claim with the utmost diligence.

Personal injury claims in Florida are usually rooted in the theory of negligence. Negligence is a failure to exercise reasonable care in one’s actions. Reasonable care is defined as how a prudent or sensible person would act in the same circumstances. Negligence can also take place when a person fails to act when he or she had a duty to do so. In order to win on a negligence claim, the plaintiff must establish that the defendant owed him or her a duty of care, that the defendant breached this duty, and that the plaintiff’s injuries and damages were a direct consequence of the defendant’s breach.

Establishing liability in a negligence case, whether it is a car accident or a slip and fall, often requires key pieces of evidence. Spoliation of evidence, sometimes referred to as the “destruction of evidence,” takes place when a party negligently or intentionally destroys material that is needed as evidence in litigation. Some examples of spoliation include getting rid of documents or records, failing to preserve video surveillance or other types of video footage, or prematurely repairing damage to property without having it inspected.

Thanksgiving Day Fires Caused by Faulty Products in Florida

Published on: December 14, 2016 | by Law Offices of Robert Dixon

Thanksgiving Day is typically a time when families get together to cook, eat, and spend time with one another. Unfortunately, it is also a day that is known to have a high number of fire accidents. According to State Farm, data from 2007 to 2011 reveals that Florida ranks fifth in the country for the most cooking fires on Thanksgiving Day, just behind Texas, Illinois, New York, and Ohio. One source of such fires is defective products that are used for cooking. If you have been injured in a fire caused by a faulty deep fryer or cooking appliance, you may be able to seek compensation for your harm through a Florida product liability claim.

Every year, far more fire accidents take place on Thanksgiving Day than any other day of the year. In fact, some reports estimate that Thanksgiving Day sees three times the nation’s daily average in emergency fire accidents. Fires originating from the kitchen are the top reason for home fires and burn injuries. The United States Fire Administration estimated that about 4,300 house fires are started on Thanksgiving Day ever year, accounting for 15 deaths and almost $27 million in property damage.

Product liability refers to a manufacturer or seller being held liable for placing a defective product into the stream of commerce and ultimately into the hands of a consumer. Product liability claims can be divided in the following ways: manufacturing defects, design defects, and failures to warn.