South Florida Injury Lawyer Blawg

Injuries to Children from Dangerous Toys in Florida

Published on: April 27, 2016 | by Law Offices of Robert Dixon

Every year, dangerous toys injure a number of children in Florida and throughout the United States. In the most serious cases, children can die from dangerous or defective toys. At the Law Offices of Robert Dixon, we take every child injury case very seriously. Our dedicated products liability attorneys will scrutinize the facts of your case and devise a legal strategy accordingly.

According to the United States Consumer Product Safety Commission (USPC), there were an estimated 251,800 toy-related injuries in 2014 that had to be treated in U.S. hospital emergency departments. 42 percent of these injuries were classified as lacerations, contusions, or abrasions; and 44 percent of these injuries were to the head and face area. Most of these children were younger than 15 years of age. In the same year, 11 toy-related deaths occurred among children younger than 15 years old. Riding toys were associated with 7 of the 11 reported deaths, and all deaths were due to motor vehicle involvement.

Some common types of injuries that can take place include: blindness or eye injury, deafness or hearing loss, choking, ingestion, burns, electric shocks, strangulation, deformation and more.

Florida Supreme Court Rules on Bad Faith Claim Against Insurance Company

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

It is not uncommon for insurance companies to offer low payments or deny legitimate claims to customers. In Fridman v. Safeco Ins. Co. of Ill., Florida’s highest court recently decided that an auto insurance company could not file a last minute reversal of a denial to avoid a bad faith insurance claim. The issue in the case was whether the insured individual was eligible for a liability determination and the full extent of damages in an uninsured/underinsured motorist (UM) claim prior to being forced to file a bad faith claim.

Here, the insurance company denied the plaintiff’s claims for four years. The plaintiff then filed a Civil Remedy Notice (CRN), alleging violations of Fla. Stat. 624.155(1)(b)(1) for “failure to pay UM policy limits of $50,000 in a clear liability crash with over $12,000.00 of property damage to insured’s vehicle” and in excess of $24,000 of medical expenses and significant injuries that needed future medical attention.

When the insurance company failed to respond in a timely manner, the plaintiff went ahead and filed the lawsuit. The insurance company failed to answer. The plaintiff then offered to settle for the amount of the policy limits of $50,000 – but there was still no answer. Shortly before trial, the insurance company tendered a check for $50,000 and filed “a confession of judgment.”

Daycare Negligence in Florida

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

Parents often have no choice but to depend on daycares to watch their children while they work. When you drop off your child at a daycare, you expect your child to be taken care of. Many children at daycare need constant attention due to their age. Unfortunately, thousands of children are injured every year in daycares in Florida and throughout the United States. If your child has been injured while at daycare, you may be able to take legal action against the facility. At the Law Offices of Robert Dixon, our highly skilled injury lawyers are well-versed in virtually all aspects of personal injury law and can put our knowledge to use in your case.

According to the National Center for Education Statistics, an estimated 13 million children are enrolled in some type of childcare service. The National Association of Child Care Resources & Referral Agencies (NACCRRA) reports that Florida alone has approximately 9,264 childcare centers and/or family child care homes. It is also important to note that 98 percent of the childcare that is requested is made use of on a full-time basis.

Supermarket Not Liable for Slip and Fall Damages in One Florida Case

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

Property owners in Florida have a duty ensure that their property is in reasonably safe condition for visitors. If you or someone close to you has been injured on someone else’s land, you may be able to file a lawsuit against the property owner. This area of law is known as premises liability law and it applies to homeowners, small business owners, commercial business owners, and others.

In Dominguez v. Publix Super Markets, Inc., the plaintiff sustained injuries when she slipped and fell on detergent that had spilled on the floor from an overturned bottle. The defendant’s video surveillance caught a visual of the incident. The footage showed a Publix employee running to the spill where he picked up the bottle, placed it upright, and started to clean up the mess. The employee’s back was to the plaintiff when she came around the corner and slipped in the spilled detergent. The total time between when the bottle fell and the woman’s fall amounted to thirteen seconds.

Under Florida law, a property owner also owes differing levels of care based on the status of their visitor. A customer in a store is classified as an “invitee” and is owed the highest duty of care by the storeowner. When it comes to invitees, storeowners have an obligation to warn of hidden dangers that the storeowner knows about or should have known about, but that the invitee could not discern through the use of reasonable care. The storeowner also owes invitees a duty to keep the property reasonably safe.

Inadequate Maintenance Claims in Florida

Published on: April 6, 2016 | by Law Offices of Robert Dixon

Property owners have an obligation to maintain their premises in reasonably safe condition for those who enter the land. When a property owner fails to do this, and an individual is injured as a result, the victim can pursue compensation for their harm. At the Law Offices of Robert Dixon, our premises liability attorneys are well versed in this area of law and can put our knowledge to use in your case. You can rest assured that we will provide you with the aggressive representation you need.

Inadequate maintenance can cover a variety of unsafe conditions on property, including but not limited to:

Uneven stairs or sidewalks;
Spills on the floor;
Cluttered aisles or walkways;
Lack of security cameras in high crime neighborhoods;
Broken windows;
Faulty locks;
Poor lighting; or
Unrepaired fixtures.

Florida Law Enforcement’s Duty of Care in Escaped Horse Case

Published on: April 6, 2016 | by Law Offices of Robert Dixon

In Manfre v. Shinkle, Kathleen Shinkle was injured when her automobile crashed after striking a dead horse lying on the roadway. The collision with the horse caused her vehicle to flip over and land on its roof. Shinkle sustained serious injuries.

An estimated hour and a half before Shinkle’s accident, the Flagler County Sheriff’s Office had been called to report that two horses were roaming the side of the road. When the deputy arrived on the scene, the horses were scared by the lights on the deputy’s car and returned to the pasture. The deputy did not try to get in touch with the property owner.

Some time later, one of the horses came back onto the road from the pasture. At this time, the horse was hit and killed by a motorist. This is the background story regarding how the dead horse came to be on the street.

Nerve Damage Injuries in Florida

Published on: April 6, 2016 | by Law Offices of Robert Dixon

Nerve damage can have serious consequences, such as pain, loss of feeling, and loss of function. If you or a loved one has suffered a nerve injury in an accident, you should seek the help and guidance of a Miami injury attorney. At the Law Offices of Robert Dixon, our team will work meticulously to analyze the facts of your case. You can rest assured that we will provide you with competent and compassionate legal advice at every step of the way.

The nervous system is a complex bundle of sensory receptors that play a role in everything the body does. Nerve damage can happen in varying degrees. Nerves can become damaged when nerve fibers are stretched, cut, or otherwise harmed. Autonomic nerves are in charge of basic involuntary functions, such as breathing and heartbeat. Motor nerves control movement by facilitating communication between the brain and the muscles. Sensory nerves convey information about muscles and skin. Since nerves do so many things, nerve injuries can seriously affect our day-to-day lives.

Skydiving Accidents in Florida

Published on: April 6, 2016 | by Law Offices of Robert Dixon

Skydiving has been a popular sport in Florida and the United States for decades. By their very nature, skydiving accidents can have devastating consequences. While these accidents are rare, there are risks involved that should be considered. If you or someone close to you has been hurt in a skydiving accident, it is important to seek the help and guidance of a reputable Miami injury attorney who can assess the merits of your case.

Skydiving accidents can take place in a variety of ways, including product defects, parachute malfunctions, cord defects, harness failures, faulty steering handles, and more. Many serious injuries or fatalities that occur through skydiving accidents can be attributed to human error or faulty equipment. As a result, individuals who have been injured in skydiving may be able to take action through a negligence claim or a product liability claim.

It is important to note that individuals almost always have to sign a waiver before they can skydive. The waiver will limit the operator’s liability in the event that something goes wrong, resulting in an injury or death. Waivers are serious legal documents and should not be taken lightly. These agreements are in place for a reason, which is why courts tend to uphold them. As a result, simple negligence is not typically enough to take legal action against the skydiving operator. Instead, the court will likely examine whether the skydiving operator acted with gross negligence.

Damages Cap Deemed Unconstitutional in Florida Medical Malpractice Case

Published on: March 22, 2016 | by Law Offices of Robert Dixon

In Go v. Normil, a child was admitted to Bethesda Hospital with a high fever, vomiting, and a stiff neck. After two weeks of treatment, the child’s condition got worse, not better. As a result, he was transferred to Miami Children’s Hospital. When the child arrived there, it was discovered that he had suffered a stroke. The hospital ran additional tests and found the presences of both herpes and Epstein-Bar viruses.

The child’s mother filed a lawsuit against the hospital, the two physicians in charge of the child’s care at the hospital, and another health care organization.

An expert at trial concluded that if the child’s infections had been treated earlier, he would likely not have suffered a stroke that caused him permanent neurological and behavioral injuries. There was also testimony at trial stating that the child is not able to communicate or follow directions, takes part in self-injurious behavior, suffers from morbid obesity and a limitless appetite, and has little or no understanding for his own safety. As a result, he requires around the clock supervision. In the expert’s opinion, the child will never be able to live independently.

Nursing Home Abuse Caught on Snapchat

Published on: March 22, 2016 | by Law Offices of Robert Dixon

If you have a loved one in a nursing home, you expect them to be treated competently and respectfully. Unfortunately, elder home abuse is prevalent. According to an article by the Washington Post, abusive photos and videos of the elderly are increasingly being posted on Snapchat. This is perhaps the last thing one would expect. At the Law Offices of Robert Dixon, our Miami injury attorneys can help you hold negligent nursing homes accountable for the harm they cause.

The Centers for Disease Control and Prevention estimates that approximately 1.4 million people across the United States reside in nursing homes. According to the National Center on Elder Abuse, elder abuse is defined as “intentional actions that cause harm or create a serious risk of harm (whether intended or unintended) to a vulnerable elder by a caregiver or other person who stands in a trust relationship to the elder.” This encompasses the failure of a caregiver to satisfy the elder individual’s basic needs or to protect the elder individual from harm.