South Florida Injury Lawyer Blawg

Court Finds Evidence of Intoxication is Relevant in Florida Drunk Driving Lawsuit

Published on: January 7, 2021 | by Law Offices of Robert Dixon

A court recently issued an opinion in a Florida drunk driving accident lawsuit addressing whether evidence of intoxication is relevant to the calculation of damages. The case arose when a man consumed two alcoholic beverages at work and proceeded to walk home on the side of the highway. The man conceded that he was experiencing a “buzz” and was unfamiliar with the area. He called a friend for help, and as he was talking to his friend, a driver hit him.

The driver stated that he was not under the influence of alcohol or medications, was not tired, or otherwise distracted when the accident happened. He recounted that as he was driving, he noticed the pedestrian in the road. To provide the pedestrian with more room, he moved into the southbound lane. He shifted his gaze momentarily, and continued to drive north in the southbound lane; shortly after that, he heard a “pow.” The driver presented evidence that the pedestrian had a blood-alcohol content level of 0.18. An expert witness testified that the pedestrian was impaired, and the impairment could have compromised his motor skills, reaction times, and ability to judge speed, distance, and danger.

Under Florida law, the trial court maintains discretion in determining whether evidence is admissible. If a trial court finds that evidence is admissible, the ruling will not be reversed, unless there is a clear abuse of discretion. However, it is essential to note that trial courts have limitations when ruling on evidentiary matters. The law provides that relevant evidence is that which proves or disproves a material fact. In cases involving comparative negligence, the fact trier must evaluate each party’s “totality of fault.” Disputes regarding whether a person was impaired or to what level alcohol impaired their typical facilities is a fact question that should be determined by a jury. The question should go to the jury when there is “substantial evidence” of the fact.

Florida Prescription Drug Product Liability Lawsuits

Published on: January 7, 2021 | by Law Offices of Robert Dixon

State and Federal laws mandate that prescription and over-the-counter (OTC) drugs meet strict health and safety guidelines before entering the stream of commerce. However, despite rigorous testing, clinical trials, and efficacy studies, many drugs are later found to be unsafe. Those who suffer unanticipated or severe side effects to prescription drugs may file a claim under Florida’s defective product laws.

Drug manufacturers have the duty to responsibly design, market, and distribute their medications. In some cases, unsafe medications make their way to the public, either by questionable marketing practices by pharmaceutical companies or another error. In either event, pharmaceutical injury lawsuits occur when an individual takes a prescribed or recommended defective medication.

Florida defective medication lawsuits are primarily based on drugs with dangerous side effects, medications that have undergone an error in manufacturing, or drugs that have not been marketed properly. Although medications can provide a great degree of relief, even immediate in some cases, a defective medication can have disastrous and long term consequences. Some common injuries that defective medications cause are stroke, heart attack, blood clots, diabetes, mental health issues, and organ failure.

How Does Good Samaritan Law and Rescue Doctrine Apply in Florida Accident Cases?

Published on: December 27, 2020 | by Law Offices of Robert Dixon

Many states have “rescue doctrines,” “volunteer protection” acts,” or “Good Samaritan” laws to encourage and protect individuals who choose to assist others in emergencies, while awaiting emergency personnel. In Florida, Statute section 768.13, the Good Samaritan Act (GSA), is a law that provides civil immunity to those that render emergency care gratuitously and in good faith. The law applies to any person, even those licensed to practice medicine. Lawmakers designed the GSA to ensure that medical professionals use their skills to assist others in emergencies, without fear of a lawsuit. It is important to note that Florida does not maintain a law that requires people to aid or assist an injury victim; however, if a person chooses to do so, they must exercise due care. Courts evaluate “due care” under the reasonable person standard, and determine whether a similarly situated person would have acted in the same way.

Despite Florida’s GSA, there are some situations where a helper may be found liable. First, the person may be liable if they do not exercise due care and increase the victim’s harm or injuries. Helpers may also be liable if the victim relied upon the helper’s assistance and suffered additional injuries due to that reliance. Moreover, healthcare workers who assist in an emergency may be held liable if their actions showed a “reckless disregard” of the foreseeable consequences. The law defines “reckless disregard” as conduct that a professional knew or should have known would result in an unreasonable risk of harm to the victim. The GSA includes a provision that allows a person to call for emergency help after an overdose without risk of criminal charges related to simple drug possession.

In addition to state and local Good Samaritan laws, the federal government maintains a similar law under the Federal Protection Act. The Volunteer Protection Act (VPA) provides immunity to nonprofit and government agencies for harm caused by their acts or omissions on behalf of their organization. The VPA does not require that an emergency declaration is in place for the immunity to apply. The protections apply to uncompensated volunteers for ordinary negligence within the scope of the volunteer’s responsibilities. However, the immunity is not applicable if the volunteer engages in willful or criminal misconduct, gross negligence, or with a conscious disregard for the safety of others.

Florida Wrong Way Accidents: Why Do They Occur?

Published on: December 27, 2020 | by Law Offices of Robert Dixon

No matter how careful you are while driving, you must also trust other drivers you are sharing the road with will also exercise care and follow the rules. Sometimes, no matter how proactive you are as a driver, another person’s mistake could cause a major accident with devastating consequences. One wrong turn, especially if it’s one that positions a vehicle directly in your path by going in the wrong direction, could result in a serious Florida car accident.

For example, according to a recent news report, a 21-year-old driver was killed during a wrong-way accident. The 21-year-old was heading north in a Nissan Altima when another driver in a Hyundai heading south crashed into the Nissan head-on. The Nissan driver died at the scene, and her passenger had critical injuries. The Hyundai driver had serious injuries. According to local authorities, charges have yet to be filed, but the investigation is still ongoing.

Florida is no stranger to wrong-way accidents—but why do they keep happening on our streets? Typically, these accidents occur because a driver accidentally turns into oncoming traffic and crashes into vehicles going in the right direction. Although driver error is the most common reason why wrong-way accidents occur, they are also commonly associated with distracted driving, vehicle mechanical issues, and poorly designed roadways.

Establishing Liability After a Florida Hit and Run Accident

Published on: December 18, 2020 | by Law Offices of Robert Dixon

According to the AAA Foundation for Traffic Safety, hit and run accidents are alarmingly common throughout the United States. Although some hit and run accidents only involve minor damage, many of these accidents result in serious, and potentially fatal, injuries. Florida law imposes civil and criminal liability on hit and run drivers depending on the specific facts of the accident.

Recent updates to the Florida Motor Vehicle Statute section 316. 061, provides that drivers must remain at the scene of an accident and provide reasonable assistance to any victims as long as it is safe to do so. Drivers who fail to abide by this rule may be subject to personal injury lawsuits, serious fines, and criminal penalties.

When bringing a personal injury claim, accident victims must provide the trier of fact with proof of a hit and run accident if they wish to recover damages for their losses. The most critical evidence includes information establishing that the person who left the accident scene was the driver involved in the accident. Next, the plaintiff must prove that the driver knew or should have known they were involved in a collision that resulted in property damage, injury, or death. Finally, the victim must establish that the driver intentionally failed to stop or remain at the scene of the accident long enough to provide identifying information to any relevant party and failed to provide “reasonable” assistance to the victims.

Lawsuits Stemming from Florida Recreational Activities

Published on: December 18, 2020 | by Law Offices of Robert Dixon

Under Florida’s premises liability law, those who suffer injuries on another’s property because of a dangerous hazard, defect, or condition, may be able to recover compensation for their injuries. Premises liability law is based on a property owner’s duty to ensure that their property is safe for visitors. However, liability largely depends on the relationship between the visitor and the property owner. Although some states are moving towards abolishing the distinctions, Florida law maintains that visitors are either invitees, licensees, or trespassers. However, despite these classifications, there are nuances and complexities to the rules. For instance, complications often arise when a person suffers injuries while participating in a recreational activity.

Florida’s recreational use statute protects some landowners from lawsuits when they open their land to the public. In these cases, the property owner must keep the area reasonably safe for visitors and warn visitors of dangerous conditions. This generally applies to property owners who hold their land out to hunt, fish, wildlife viewing, or other similar purposes. However, generally, the recreational use statute does not apply if a landowner charges an admission to enter or use their land.

Similarly, in some cases, companies that offer recreational activities to participants may be immune from certain lawsuits. For instance, amusement parks, water parks, paintball arenas, and mini-golf courses may protect themselves by requiring participants to sign a liability waiver release. Additionally, these entities may defend against a claim by arguing that the participant assumed the risk or was non-compliant with safety rules. However, in some cases, a participant may suffer injuries that are only somewhat related to the recreational activity. This can occur because of an intervening incident or unexpected occurrence.

The Importance of Obtaining the Appropriate Medical Treatment after a Florida Accident

Published on: December 15, 2020 | by Law Offices of Robert Dixon

After a Florida motor vehicle accident, seeking medical treatment is critical to a victim’s health, well-being, and future legal claims. Under Florida law, an at-fault party may be liable for negligent or reckless conduct. However, these claims often hinge on the victim receiving prompt and appropriate medical treatment.

Prompt medical treatment can help injury victims catch hidden symptoms and receive the correct diagnosis. In many cases, injury victims mistakenly believe that they did not suffer serious injuries because they do not experience pain or symptoms right after the accident. However, the lack of immediate pain may be attributable to adrenaline, heightened emotional responses, or the mere nature of the injury. Receiving medical treatment after the accident can drastically change the outcome of a victim’s medical prognosis.

Further, it is critical that victims continue prescribed treatment. Abiding by a medical professional’s instructions can assist in harm mitigation and quick recovery. Lastly, immediate medical attention and compliance will help a victim protect any legal claims against at-fault parties.

Florida Car Accidents Resulting from Improper Lane Changes and Dangerous Merging

Published on: December 15, 2020 | by Law Offices of Robert Dixon

Driving presents inherent risks, even if a motorist takes all steps to ensure that they abide by safety rules. Despite taking all precautions, drivers cannot protect against other negligent motorists. Many times, Florida car accidents occur during lane changing or merging. The U.S. Department of Transportation attributes about 500,000 accidents to improper lane changes and merging. Some of these accidents may only damage property; however, many result in serious injuries or death. In these cases, determining liability and apportioning fault is critical to recovery.

For example, a Florida news report recently described a fatal accident involving a 12-year-old child. A sedan was driving westbound when it tried to merge into the left lane of a highway. However, when it tried to merge, it slammed into the right side of a pickup truck. The pickup truck, which was carrying the child, overturned. The driver of the sedan suffered minor injuries, and her passenger reported no injuries. The pickup truck driver and two other passengers suffered serious injuries and remain in critical condition. State Police are continuing to investigate the collision.

Victims must be able to establish liability after a Florida merging accident to recover compensation for their damages. Florida statute 316.085(2) requires that drivers must ensure that it is safe to complete their move before changing their direct course of travel. Violating the lane-change law may result in a non-criminal moving violation.

Florida Premises Liability Lawsuits Arising from Obvious Dangers

Published on: December 15, 2020 | by Law Offices of Robert Dixon

Premises liability is a form of negligence that imputes liability on a landowner or occupier for injuries that occur on their property. Premises liability claims can arise from various situations such as slip and falls, pool accidents, dog bites, and other home-related accidents. The law generally categorizes a landowner’s liability based on the classification of the visitor. The three main types of visitors under Florida premises liability law are invitees, licensees, and trespassers. Licensees are those that enter the property owner’s land for the owner’s convenience and with their permission. These visitors typically include social guests like friends or family. Landowners must ensure that their property is reasonably safe, fix unsafe conditions, and warn social guests of known dangers. Trespassers are those that enter a landowner’s property without consent or knowledge. Landowners have limited duties in these cases and must exercise reasonable care for trespassers that he knows are on the property.

Invitees are those that enter an owner’s land with the intent to transact business with the landowner’s express or implied invitation. The law provides that landowners owe these parties the highest duty of care. Landowners must ensure that their property is in a safe condition, and if it is not, they must repair defects or notify invitees of the known hazards on the property. The law further delineates the group into business invitees and public invitees. Business invitees are those that enter the land for a direct or indirect business dealing with the owner. Whereas, public invitees, are those who enter the property for a purpose for which the land is held open to the public.

There are many nuances to Florida’s premises liability laws that may drastically change a property owner’s liability. For instance, independent contractors do not fall squarely within any of the classifications. Generally, property owners are not liable for injuries that an independent contractor sustains on their land while performing their job duties. However, a recent Florida court addressed an exception to this general rule. In that case, an independent contractor filed a lawsuit against a property owner for injuries he sustained after being electrocuted while trimming trees on the property. The plaintiff conceded that he saw the electric lines, but did not know if they were high voltage lines.

Florida Bad Faith Insurance Claims Based on Ambiguous Terms

Published on: December 15, 2020 | by Law Offices of Robert Dixon

After a Florida accident, most injury victims try and recoup some or all of their damages from their car or home insurance provider. Although consumers expect their insurance company to resolve their claims in good faith, many claimants find themselves in dire financial straits when their company fails to resolve their claims fairly or promptly. Under Florida law, insurance companies must “act fairly and honestly towards its insured” with regard to the policyholder’s interests. Despite the law, insurance companies frequently act with the company’s financial interest in mind, even if it is contrary to the insured’s interest. If a policyholder believes that an insurance company is acting in bad faith in resolving their claims, they may file a lawsuit to demand relief.

Bad faith occurs when an insurance company acts unreasonably towards a policyholder, or otherwise breaches their fiduciary duty to an insured. Determining whether an insurance company acted in bad faith involves evaluating the length the company went to and its efforts in resolving claims in favor of the insured. Insurance companies should take prompt measures to investigate a claim thoroughly, evaluate liability, assess damages, communicate findings with appropriate parties, and settle claims. However, Florida insurers may face bad faith claims if they fail to engage in these steps or if their policies are inherently ambiguous.

Typically, disputes regarding insurance contracts follow the rules generally accepted under contract law. When there is a material, ambiguous term in the contract, the court will construe the term against the company and in favor of the insured. The contracts are viewed as a whole, and if the language is clear, the court will interpret the terms according to their generally accepted plain meaning. To avoid these issues, Florida lawmakers stress the importance of carefully drafted insurance policies that consumers can understand. Although current trends in the law favor insureds, in some cases, courts will find in favor of an insurance provider, despite claims of ambiguous terms.