South Florida Injury Lawyer Blawg

Whiplash Injuries in Florida

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

If you or someone you know was recently involved in an automobile accident that was not your fault and are now suffering from a stiff neck or a sore neck, you may have sustained whiplash injuries. At the Law Offices of Robert Dixon, our experienced Miami whiplash attorneys can diligently scrutinize the merits of your case and seek the compensation you deserve for your injuries. We strongly believe in holding negligent parties responsible for the harm that they cause.

According to the Mayo Clinic, whiplash is a neck injury due to forceful, rapid, back and forth movement of the neck, like the cracking of a whip. Put another way, whiplash is a soft tissue neck injury that is typically sustained when a person’s head is suddenly jerked backwards and then forwards. This type of injury most often takes place during a rear-end car accident. However, semi-truck accidents, workplace accidents, slip and falls, assaults, and other catastrophic events can also cause whiplash injuries.

The Institute for Highway Safety (IIHS) has found that neck pain resulting from whiplash is the most commonly reported injury related to insurance claims in the United States. In fact, IIHS data reveals that approximately 66 percent of all claimants who filed bodily injury liability coverage in 2002 claimed neck injuries. Other estimates indicate that there are about 120,000 annual incidents of whiplash in the United States.

Accidental Gun Shootings in Florida

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

Accidental gun shootings can seriously injure or even kill unsuspecting victims. In such instances, the gun owner may be subject to criminal and civil liability. At the Law Offices of Robert Dixon, a Miami injury attorney can help you file a civil lawsuit against the at-fault party. As with any case, it is important to investigate the facts and determine what happened as quickly as possible. You can trust that we will work hard to pursue a favorable result for a client.

According to the Centers for Disease Control and Prevention (CDC), in 2013, there were about 73,505 nonfatal firearm injuries, 11,208 homicides, and 21,175 suicides through gun use. Over 500 of these deaths were due to the accidental or negligent discharge of a firearm. Common causes of accidental gun shootings include improper storage of handguns, gun user negligence, misfires, alcohol or drug related shootings, mechanical failure, or product failure.

Under Florida law, a party is negligent when he or she fails to exercise reasonable care, resulting in an injury to someone else. Reasonable care refers to the obligation to act as a prudent person would act under the same or similar circumstances. As a result, establishing negligence requires showing the following four elements. The defendant owed the plaintiff a duty of care, the defendant breached this duty, the plaintiff’s harm was a direct result of the defendant’s breach, and reasonably quantifiable damages arose.

Can Post-Mortem Misconduct be Considered Medical Malpractice?

Published on: November 21, 2016 | by Law Offices of Robert Dixon

When you go to see a doctor, you expect to receive a diagnosis and a treatment plan that you can trust. Unfortunately, this doesn’t always happen. In fact, medical malpractice is common in Florida and throughout the United States. Medical malpractice takes place when a patient is injured due to a medical professional’s failure to exercise reasonable care. Put another way, medical malpractice may have occurred if your injury took place because a health care professional failed to act as a reasonably prudent medical professional in the same specialty would have acted under those circumstances. This is clearly outlined in the law. But not all potential medical malpractice cases can be neatly analyzed under this rule. What happens when misconduct takes place after a person has died?

This was the question addressed by the Texas Supreme Court in Christus Health v. Carswell. In that case, the plaintiff’s husband was admitted to the defendant hospital with issues regarding pain. A physician at the hospital initially prescribed narcotics, which were stopped when the patient had an adverse reaction to the medication. A subsequent health care provider once again gave the patient the same medication, due to the fact that the patient was complaining about severe pain. Shortly afterward, the patient died.

Based on these facts, the plaintiff filed a medical malpractice claim and asked for an autopsy to be conducted. She was told that her request was denied. However, some time later, an autopsy was done, but it failed to include a toxicology screening. The plaintiff claimed that this failure left her with no answers as to whether or not her husband died from a drug overdose or whether the adverse reaction he had to the narcotics was a contributing factor in his death. She amended her complaint to reflect these facts.

The “Fabre Doctrine” in Florida

Published on: November 21, 2016 | by Law Offices of Robert Dixon

When multiple parties are involved in an automobile accident, apportioning liability can be difficult. If you have been injured in a car wreck, it is important to seek the help of a skilled Miami attorney who can assess the merits of your case. You can trust that we will try to get you the compensation you deserve for your harm. At the Law Offices of Robert Dixon, we understand the nuances of personal injury law and can apply this knowledge in your case.

Florida is a pure comparative negligence state and also adheres to something known as the Fabre doctrine. Under the principle of pure comparative negligence, your recovery will be limited by the amount you were responsible for the accident. For example, if you are suing another driver, and you are found to be 20% at fault, your damages will be decreased by 20%. In other words, you will only be permitted to recover an award of 80% of your total monetary damages. In this manner, the doctrine of comparative negligence apportions negligence among the different parties involved in the accident.

Some time ago, the Florida Supreme Court established what is known as the Fabre Doctrine, which is a method by which a defendant may try to blame all or part of your damages on some other individual or entity, a non-party to the lawsuit, thereby avoiding being forced to pay all or part of your damages.

Samsung Galaxy Note 7 Recall

Published on: November 21, 2016 | by Law Offices of Robert Dixon

Earlier this month, a St. Petersburg resident says his Samsung Galaxy Note 7 was charging in the car when it caused a fire, ultimately setting his jeep ablaze. The vehicle was totaled. This was just one of many incidents that prompted Samsung Electronics Co. to announce a massive recall of 2.5 million Galaxy Note 7 devices in 10 countries and other markets where phones have been shipped. The recall comes as a result of faulty batteries, which have led to some of the phones exploding while charging.

Target and Amazon have stopped selling the Note 7 and are working with Samsung to replace the phones already sold. Best Buy, AT&T, T-Mobile, and Sprint have also stopped sales of the device during the recall process. The Federal Aviation Authority (FAA) warned passengers not to charge the device during flights or even put it into the checked baggage. In addition, the United States Consumer Product Safety Commission advised consumers to stop charging and using the device.

Samsung, like other manufacturers, has a legal responsibility to ensure that its products are safe for their intended purpose. Unfortunately, this recall highlights how defective products can pose real dangers to consumers. If a faulty Note 7 has injured you or someone you know, you may be able to file a product liability claim against Samsung.

Injuries Caused by Makeup Defects or Dangerous Cosmetics

Published on: November 21, 2016 | by Law Offices of Robert Dixon

For many women, using cosmetic products is part of their daily routine. While in most cases individuals are able to use makeup without incident, there are cases when manufacturers and sellers put dangerous cosmetics into the hands of users. If you or someone close to you has suffered an injury due to a recalled or hazardous cosmetic product, we can help. At the Law Offices of Robert Dixon, our attorneys are knowledgeable in product liability law and can put our skills to use in your case.

Under federal law, a “cosmetic” is defined as an article intended to be “rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body…for cleansing, beautifying, promoting attractiveness, or altering the appearance.” As a result, the term encompasses moisturizers, make-up, shampoos, toothpaste, nail polish, and the like. All cosmetics must comply with certain federal regulations, such as the ones set forth by the Food and Drug Administration (FDA).

Injuries from cosmetic products can range from allergic reactions to infections and dermatological conditions. These conditions can leave victims to deal with extensive medical treatments, lost wages, and disabilities, as well as long-term emotional distress. According to the FDA, only three percent of all cosmetic products have reports sent to the FDA regarding injuries to the consumer. Approximately 1,000 dangerous chemicals have been found in cosmetic products sold in the United States.

Woman Gets New Trial in a Florida Delivery Van Accident Case

Published on: November 3, 2016 | by Law Offices of Robert Dixon

In Boyles v. Dillard’s, Inc., the plaintiff was involved in an automobile accident with a Dillard’s delivery van. The defendant, a Dillard’s employee, was driving directly behind the plaintiff in the same lane of a two-lane highway and collided with the back of the plaintiff’s car as she was making a right turn into her driveway. The plaintiff filed a lawsuit against the defendant for injuries that she allegedly sustained to her shoulder, neck, and back.

At trial, the defendant claimed that the plaintiff veered from the lane in which she was driving to merge into an area on the left of the lane in which both the vehicles were traveling. The defendant went on to explain that the plaintiff then suddenly moved her vehicle back into the lane in which they were both driving, so he (the defendant) did not have enough time to avoid crashing into her car.

The defendant presented an expert witness to help reconstruct the scene of the accident for the jury. The plaintiff argued that it was a mistake to allow the expert witness’ testimony because the only relevance it could have was to imply that the plaintiff could not have suffered the degree of the injury she claimed, and the expert witness was not qualified to present testimony that would lead to such a determination.

Negligent Entrustment and Vicarious Liability in Florida

Published on: November 3, 2016 | by Law Offices of Robert Dixon

Car accidents happen all the time in Florida and throughout the United States. In most cases, the owner of the car is the person driving it. But what happens when you loan your car to someone, and they get into an accident? Under Florida law, a vehicle owner may still be liable even though they were not actually behind the wheel at the time of the crash.

Earlier this month, television reality star Blac Chyna’s white BMW hit another car carrying three passengers in Los Angeles. Witnesses say that the driver of the car left the scene immediately after the accident. Blac Chyna, however, wasn’t behind the wheel at the time of the accident. The star had loaned her vehicle to a friend, who was ultimately involved in the hit-and-run.

The plaintiff then named Blac Chyna in a personal injury lawsuit, claiming that as the owner of the vehicle, she should be liable for the damages under the theory of negligent entrustment.

Florida Diving Board Accidents

Published on: November 3, 2016 | by Law Offices of Robert Dixon

Diving boards can be a great source of fun for children and adults alike. They are a common feature of many private and public swimming pools across Florida and the United States. Although many swimmers enjoy using the diving board without incident, the reality is that diving boards can cause serious injuries and even death. If you or someone you know has been hurt in a diving board accident, it is important to seek the help of a skilled Miami injury attorney who can assess the merits of your case.

Diving is considered a collision sport, due to the impact with the water on entry. A diver entering the water from a 10-meter high diving board is traveling at almost 40 miles per hour. This speed is enough to break bones and dislocate joints. Some common diving board injuries include shoulder injuries, neck injuries, elbow injuries, back injuries, wrist or hand injuries, knee injuries, cuts, scrapes, bruises, swimmer’s ear, and more. These injuries can arise in a number of ways, including landing on other swimmers in the pool, hitting one’s head on the diving board, side of the pool, or bottom of the pool, or back and spinal cord injuries from landing on one’s back.

A number of parties may be liable for a diving board accident, including the pool owner, the diving board manufacturer, the company that installed the diving board, and the retail store that sold the diving board.

Florida Deemed Relatively Safe for Older Drivers by Caring.com Study

Published on: November 3, 2016 | by Law Offices of Robert Dixon

The issue of whether older people should continue to drive into their old age is often a contentious one. Some older individuals are alert and independent and have no problems on the road. Others, however, display signs of risky behavior that could be considered dangerous on the road.

In Caring.com’s 2015 Senior Driving study, it was estimated that about 14 million Americans had been involved in a car accident caused by an elderly driver in the prior year. The Centers for Disease Control and Prevention report that around 586 elderly drivers are injured and 15 are killed in motor vehicle wrecks in the United States each day.

Caring.com’s findings also included the 10 safest states for older drivers. Florida made the top 10 safest states for older drivers, along with Connecticut, Alaska, North Dakota, New Mexico, and more. The study was conducted by comparing the number of fatal collision victims aged 65 years or older in a state with that age group’s share of the state population. In Florida, the ratio of car accident-related fatalities among the state’s 65 and older population (19 percent) matched up with the number of seniors in the state (19 percent as well). One factor that makes Florida one of the safest states for elderly drivers may have to do with the requirements for regular renewals and vision tests for drivers who are 80 years old and above.