South Florida Injury Lawyer Blawg

What Happens if You Tweet While on Florida Jury Duty? – Murphy v. Roth

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

Jury duty may seem like an inconvenience, but it is an important civic duty. One vital component of jury duty is the obligation to keep information about the case confidential. As a practical matter, this means not discussing, emailing, texting, blogging, tweeting, or otherwise posting on social media about the case.

Florida’s Fourth District Court of Appeal recently dealt with a case in which jurors were explicitly told not to communicate with anyone about the case (including via social media), but one juror posted a number of tweets on Twitter during the days of jury selection and trial. While the juror did not name the case or give specific details, he did mention his discontent with being selected for jury duty and his general dismay at being at the courthouse all day. The juror also implied that he may have given partial or careless answers to some questions. He also expressed his thoughts about the perceived greed of “everyone” trying “anything” for money.

The case is Murphy v. Roth, and it began when the plaintiff sued the defendant for injuries sustained in an automobile accident. The plaintiff alleged that she was rear-ended by a ‘phantom vehicle’ that was never found, and she then began to turn and was hit by the defendant.

Is Damage to a Prosthetic Limb Considered Property Damage or Personal Injury in Florida?

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

If you or someone close to you suffered prosthetic damage in an accident that was not your fault, it is important to seek the help and guidance of a skilled Miami injury attorney. We will scrutinize the facts of your case and make every effort to get you the compensation you deserve.

Earlier this year, the question of prosthetics and personal injury law was explored at Oxford University’s Human Enhancement and the Law: Regulating for the Future conference, which dealt with legal issues that may come up as a result of developments in human enhancement technologies.

For those who rely on prosthetic limbs, it can feel like the limb is actually part of your natural body. No matter how dependent you may be on the prosthetic, however, the law makes a distinction between an individual who is using a prosthetic and the device itself. Put another way, the prosthetic limb is considered property.

Carbon Monoxide Poisoning in Florida

Published on: December 12, 2016 | by Law Offices of Robert Dixon

Damages resulting from carbon monoxide poisoning can be extremely serious. If you or someone close to you was injured or even killed due to carbon monoxide poisoning, it is important to seek the help of a skilled Miami injury attorney who can explore the facts of your case. Carbon monoxide poisoning may be actionable if it was caused by negligence. At the Law Offices of Robert Dixon, we have years of experience handling virtually all types of personal injury claims and can put our knowledge to use in your case.

Carbon monoxide is a colorless and odorless poisonous gas, which is why it is often referred to as the “invisible killer.” According to the Centers for Disease Control and Prevention, more than 400 people die each year in the United States from unintentional carbon monoxide poisoning. Furthermore, more than 20,000 people visit the emergency room, and over 4,000 are ultimately hospitalized due to carbon monoxide poisoning.

Under Florida law, every building for which a building permit is issued for new construction that has a fossil-fuel burning heater or appliance, a fireplace, or an attached garage is required to have an approved operational carbon monoxide alarm installed within 10 feet of each room used for sleeping purposes.

Common Mistakes Florida Drivers Make Behind the Wheel

Published on: December 12, 2016 | by Law Offices of Robert Dixon

Unfortunately, automobile accidents are a daily occurrence in Florida and throughout the United States. The reality is that these accidents can have long-term and serious consequences for everyone involved. If you or someone close to you has been injured in a motor vehicle accident, it is important to seek the help and guidance of a Miami injury attorney. We can scrutinize the facts of your case and determine what caused the accident and your resulting harm.

Driving is a privilege, rather than a right. Therefore, every driver on the road has a duty to drive using reasonable care and obey Florida traffic laws. The following are common examples of driving mistakes that people make behind the wheel:

Speeding

Speeding is a top cause of automobile accidents in the United States. Drivers often don’t realize the serious risks associated with speeding, some of which include losing control of a vehicle and not being able to stop in time to avoid hitting another car or pedestrian. Speeding is dangerous even when it’s happening at a moderate level.

The Florida Appeals Process

Published on: December 12, 2016 | by Law Offices of Robert Dixon

Just as in other cases, most personal injury cases never make it to trial. According to some estimates, only about 10 to 15 percent of cases actually go to trial. Whether you have been injured in a car accident, in a slip and fall, or by a defective product, our skilled Miami injury attorneys can help. We try to save our clients time and money through settlement agreements, but rest assured that we are prepared to advocate for you at trial if necessary. In fact, we are well-versed in the appeals process as well and will not stop fighting for your rights until you get the justice and compensation you deserve.

Personal injury cases can be time-consuming. The average length for these types of cases can be between 12 and 18 months. A party who is unhappy with the outcome of a trial may be able to appeal the decision. However, no party can appeal a decision without having an issue that is legally appealable. An issue may be appealable in a number of ways. In order for you to be able to appeal, there must have been an error of law, fact, or procedure in your trial. Your lawyer will be able to scrutinize the facts of your case and let you know if an appeal is possible in your case.

In the context of personal injury cases, the appeal will likely happen when a circuit court decision has been rendered, and one party files a notice of appeal with the district court of appeal in the area. The notice is vital, and you typically have 30 days to file the notice of appeal after the initial court decision is announced.

Court Upholds $0 Verdict Due to Dishonesty and Conflicting Causation Evidence

Published on: December 12, 2016 | by Law Offices of Robert Dixon

Personal injury cases depend heavily on the facts of the case. These facts are typically established through witnesses, expert testimony, and documentation that supports one side’s position. If you or someone you love has been injured in an automobile accident that was caused by the recklessness of another driver, we can help. At the Law Offices of Robert Dixon, our Miami injury attorneys have the skill and experience to handle your claim. We can gather the relevant information and aggressively pursue your case at every step of the way.

In Finkel v. Batista, a Florida court of appeal affirmed a lower court’s verdict of $0 for a plaintiff who was involved in a car wreck with the defendant, even though the jury determined that the defendant was 100 percent liable for the accident.

The defendant claimed that the damage to the plaintiff’s car was minor. An expert for the defense also stated that a minor accident of this nature could not have caused any injury to the plaintiff. The plaintiff consulted her own physician, who opined that the wreck caused the plaintiff to suffer permanent injuries.

Personal Injury Claims Stemming from Criminal Attacks in Florida

Published on: December 7, 2016 | by Law Offices of Robert Dixon

Criminal attacks can often form the basis for a personal injury civil claim. If you or someone close to you has been injured by a criminal attack on the property of a business, you may be able to seek compensation for your harm. At the Law Offices of Robert Dixon, our experienced personal injury lawyers will work diligently to seek the justice and compensation you deserve. We are here to answer your questions and address your concerns.

Whether it is a hotel, retail plaza, gas station, or apartment complex, property owners have an obligation to ensure that the premises are in a reasonably safe condition. This includes the duty to protect customers from foreseeable criminal attacks on their premises. Consider the following examples:

Hotels, including the hotel parking lot, must have adequate security to protect guests and their property from assault, theft, and other crimes.
Banks should have enough guards for the location and size of the branch.
Gas stations must make sure that their customers can pump and pay for gas without being attacked.
Landlords and property managers must provide residences with the right amount of security based on the crime rate in the neighborhood.

Casino Accidents in Florida

Published on: December 7, 2016 | by Law Offices of Robert Dixon

Each year, a number of people from all over the world visit Florida casinos to experience the thrill of gambling. Casinos can be fun and vibrant places, but they can also be crowded and potentially dangerous. The unfortunate reality is that accidents occur in casinos quite often. If you or a loved one has been injured at a casino due to negligence, we can help. At the Law Offices of Robert Dixon, our Miami premises liability attorneys provide aggressive representation to each and every client.

Casino accidents can take place in a variety of ways, including slip and fall accidents (due to a wet floor, an uneven floor, or unsafe stairs or walkways), dangerous conditions such as obstacles or hazards on the floor, elevator and escalator accidents, inadequate security on the property leading to assaults, or bouncers at clubs being too rough with guests.

Premises liability is a legal theory that holds property owners responsible for accidents and injuries that take place on the property. The duty that a property owner owes a visitor depends on the status of the visitor. In Florida, property owner-visitor relationships fall into one of three categories: 1) invitees, 2) licensees, or 3) trespassers.

Helicopter Crashes in Florida

Published on: December 7, 2016 | by Law Offices of Robert Dixon

Helicopter rides can be a great source of fun as well as a way to travel from one place to another. In Florida, individuals can enjoy scenic flights over certain cities and view the state’s most famous attractions. If you have been injured in a helicopter accident that you believe was caused by someone else’s negligence, you should contact one of our skilled Miami injury attorneys as soon as possible. We can assess the merits of your case and help you seek the compensation you deserve.

When a helicopter accident takes place, it is important to examine the situation thoroughly to determine the cause of the accident. The reality is that some crashes are caused by conditions that are outside everyone’s control, such as adverse weather conditions. Some helicopter accidents, however, are preventable and take place because of sheer carelessness. Helicopter crashes may be caused by a helicopter pilot’s error, a helicopter owner’s negligence, a helicopter manufacturer’s negligence, negligence by a hospital or corporation that is in charge of running the helicopter, or a maintenance company’s negligence.

Negligence is the failure to use reasonable care, resulting in damage or injury to someone else. Reasonable care refers to the obligation of every individual to act as a prudent person would act in the same or similar circumstances. In order to successfully assert a negligence claim, the plaintiff must establish the following elements. The defendant must have owed the plaintiff a duty of care, the defendant must have violated the duty of care, and the plaintiff’s injury or death must have been a direct result of the defendant’s carelessness.

The Eggshell Skull Doctrine in Florida

Published on: December 7, 2016 | by Law Offices of Robert Dixon

The reality is that many individuals, at some point in their lives, may experience injuries resulting from accidents. Whether it is through a car crash, a pedestrian accident, or a slip and fall, when these types of accidents take place, determining liability can be complicated. There are many complex legal theories that may be applicable. At the Law Offices of Robert Dixon, our experienced Miami injury attorneys can analyze the facts of your case and determine whether you may be entitled to compensation for your harm.

When a person is injured in an accident due to the fault of another party, the injured person can typically file a negligence claim against the at-fault party. Negligence is a failure to exercise reasonable care in one’s actions or omissions. Reasonable care is defined as how a prudent person would act in the same or similar circumstances. In order to prevail on a negligence claim, the plaintiff must demonstrate that the defendant owed them a duty of care, that the defendant breached the duty of care owed to the plaintiff, and that the defendant’s breach was a direct cause of the plaintiff’s harm.

The eggshell skull doctrine, also referred to as the eggshell plaintiff rule, is a legal theory that holds an individual legally liable for the full extent of damages sustained by a plaintiff, even if the degree of harm suffered was more than what would typically be suffered by the average person. Put another way, the eggshell doctrine states that a defendant must take a victim as he or she is, and that victim’s sensitivity or frailty is not a defense. The important principle behind this rule is the recognition that the same accident may affect different individuals in different ways.