South Florida Injury Lawyer Blawg

Florida Water Park Injuries

Published on: November 10, 2015 | by Law Offices of Robert Dixon

Water parks can be a great way to spend hot summer days. Unfortunately, each year a number of individuals get injured at water parks. This is not surprising because Florida is home to over 15 major water parks and many smaller ones. If you or a loved one has been injured at a water park, it is important to seek the help of a qualified Miami injury attorney who can assess the merits of your case.

Amusement park injuries can happen in many ways, such as operator errors, waterslide accidents, slippery surfaces, mechanical failures, slide defects, poor maintenance, or inadequate supervision. Water park accidents can result in a variety of injuries like head trauma, skull fractures, leg fractures, broken bones, arm fractures, spinal cord injuries, and more.

Florida’s Recreational Use Statute

Published on: October 28, 2015 | by Law Offices of Robert Dixon

Premises liability is an area of law that comes into play when an individual has been injured on someone else’s property. While in some cases liability is crystal clear, in other cases it can be complicated. As with other areas of personal injury law, there are nuanced rules and exceptions, which may be applicable in your particular case. At the Law Offices of Robert Dixon, our Miami premises liability attorneys can assess the facts of your situation and advise you accordingly.

Property owners have legal duties to keep their property in a reasonably safe condition so that those who enter the land are not injured. This duty varies depending on who is entering the land but generally consists of making sure there are no unreasonable hazards on the land, fixing known hazards, or warning guests of dangers.

However, there is an exception to this rule, and that is the Florida recreational use statute, found at F.S. 375.251. Under this law, there is limited liability for individuals who have made their property or certain public areas available for recreational purposes without any charge. The statute denotes that there is no presumption that the land is safe. Put another way, there is no duty of care owed by the landowner to those who enter and use the property. There is also no duty on the part of the landowner to warn visitors of any hazardous conditions on the land.

Florida’s Fifth District Rules for Plaintiff in Car Accident Case

Published on: October 28, 2015 | by Law Offices of Robert Dixon

Unfortunately, rear-end accidents take place every day in Florida and throughout the United States. Florida’s Fifth District Court of Appeal recently decided a case involving a rear-end collision.

In Bodiford v. Rollins, the plaintiff was waiting to make a left turn at an intersection when he was struck by the defendant’s car from the back. The plaintiff’s left turn signal was on, and he was lawfully stopped in order to turn into a local gas station.

The plaintiff sustained serious injuries as a result of the crash.

Pilot Error Accidents in Florida

Published on: October 28, 2015 | by Law Offices of Robert Dixon

Traveling by airplane is considered one of the safest forms of travel. However, when an airplane accident takes place, the consequences can be devastating. If you have been injured in an airplane accident due to the pilot’s error, you may be entitled to compensation for your harm. At the Law Offices of Robert Dixon, our experienced injury attorneys understand how to handle aviation accident cases and can put this knowledge to use in your case.

Pilot error can have catastrophic results. Even the slightest blunder, oversight, or lapse in judgment can lead to a serious plane accident. The Federal Aviation Administration (FAA) reports that more than 80 percent of aviation accidents are caused by pilot error. Some of these errors include failing to perform the necessary checks before a flight, mistakes in takeoff and landing, or simply inexperience.

If you’ve been hurt in a Florida plane crash due to pilot error, you may be able to recover damages under the theory of negligence. Negligence is the failure to act with reasonable care. Reasonable care is defined as how a prudent person would act in the same or similar circumstances. In the context of a pilot error crash, reasonable care would be measured by how a prudent pilot would operate an aircraft in the same or similar circumstances.

Medical Malpractice Standard Clarified by Florida Supreme Court

Published on: October 21, 2015 | by Law Offices of Robert Dixon

When a patient is sick, it often takes a variety of medical professionals to diagnose and treat the condition. It is not uncommon for physicians, nurses, specialists, and others to be involved in a particular case. When a medical error is made, however, determining liability can be challenging. At the Law Offices of Robert Dixon, our injury lawyers understand the meticulousness with which medical malpractice cases must be handled.

A recent case that dealt with the issue of causation is Saunders v. Dickens. In that case, the patient went to a neurologist for numbness, cramps, and tingling in his extremities. The neurologist concluded that the patient’s symptoms were caused by diabetes but did not do any testing to confirm. The neurologist ordered an MRI and found issues with the spinal canal. The neurologist consulted with a neurosurgeon, who stated that a decompression procedure needed to happen. The neurosurgeon performed the procedure, but the patient’s condition did not get better.

It turned out that the patient had cervical cord compression – a condition that ultimately led the patient to suffer from quadriplegia and die. A medical malpractice lawsuit was filed against the treating physicians.

Paralyzed Victims in Florida Accident Cases

Published on: October 21, 2015 | by Law Offices of Robert Dixon

Unfortunately, each day people in Florida and throughout the United States are injured in accidents. In serious cases, accident victims are partially or completely paralyzed. At the Law Offices of Robert Dixon, we understand the devastating financial, emotional, and physical consequences that paralysis can have on an accident victim and their entire family. While no amount of money can make up for the harm, compensation can help provide the medical support and resources needed for a stable life.

Spinal cord injuries can result in either partial or complete paralysis. Paralysis of the lower extremities is known as paraplegia, whereas paralysis of both the arms and legs is known as quadriplegia.

Paralysis can happen in a variety of ways, including motor vehicle accidents, slip and fall accidents, medical malpractice cases, and acts of violence. The Mayo Clinic reports that motor vehicle accidents are the leading cause of spinal cord injuries in the United States, accounting for over 35 percent of new injuries each year. According to the United States Centers for Disease Control and Prevention, approximately 20 percent of all spinal cord injuries are caused by fall accidents.

Florida Court Rules that Products Liability Case is Barred Due to Statute of Repose

Published on: October 21, 2015 | by Law Offices of Robert Dixon

If you have been injured by a faulty product, it is important to consult a qualified Miami injury lawyer as soon as possible. Personal injury claims are governed by strict time limits, and acting fast can make all the difference in your case.

In Dominguez v. Hayward Industries, Inc., the plaintiff suffered a serious head injury when the filter of his swimming pool exploded in November 2012. The plaintiff later filed a lawsuit against the filter manufacturer, the distributor, and the installer of the filter to the swimming pool. The lawsuit was based on the legal theories of products liability and negligence.

The defendants responded by filing a motion for summary judgment, arguing that the 12-year statute of repose barred the lawsuit under Section 95.031 of the Florida Statutes. The statute of repose is essentially the same as the statute of limitations because it bars claims after a certain time period has passed. Put another way, if a plaintiff does not file within the statute of repose, he or she will be permanently barred from bringing the claim.

Settlement Proposal Not Too Vague in Florida Accident Case

Published on: October 21, 2015 | by Law Offices of Robert Dixon

In Wallen v. Tyson, a Florida man was killed in a car accident. After the incident, the other motor vehicle driver filed a lawsuit against the decedent’s estate. The estate offered the driver a $12,000 settlement, which included a release of liability for all claims arising out of the accident. The document stated that it was not a ‘general’ release and indicated that the driver could seek damages from any person except for the personal representative of the decedent’s estate. The driver supposedly ignored the settlement proposal and went straight to trial.

At trial, the driver was awarded an amount of $13,000. The court reduced this amount by approximately $3,800 for payments that were made beforehand by his insurer.

The plaintiff moved to strike the settlement proposal, alleging it was vague and unenforceable. The trial court struck the proposal, stating that the language pertaining to the release was too vague and ambiguous. The clause at issue was one that stated that the plaintiff was open to any suggested changes to the release. The trial court reasoned that by having a release clause but saying that the clause was negotiable, the clause essentially failed to inform the plaintiff of “any of the release terms.”

Taxi Accidents in Florida

Published on: October 14, 2015 | by Law Offices of Robert Dixon

Taxis are an easy and convenient way to get around. In a state like Florida, they are essential to transporting people from one place to another. Tourists and locals alike use cabs to get to unfamiliar destinations or to get home after a night of drinking. Unfortunately, sometimes taxis are involved in accidents. If you or someone close to you has been injured in a taxi accident, it is important to speak to a South Florida injury attorney who can assess the merits of your case.

Taxis are considered common carriers. Common carriers are held to a higher standard of care than other drivers. As a result, taxi drivers have certain obligations to passengers, including providing reasonably safe vehicles that are reasonably maintained and employing vigilant drivers who obey traffic laws and drive safely, use caution when transporting passengers, and warn passengers of any potential hazards the driver is aware of.

Under Florida law, different cities have authorization to regulate the operations of taxi companies. Most major cities in Florida have local ordinances governing the licensing and regulation of taxi operations. These ordinances typically mandate that cab drivers go through a licensing process before being able to operate taxis on the road.

Federal Court in Florida Remands Slip and Fall Case Due to Lack of Subject Matter Jurisdiction

Published on: October 14, 2015 | by Law Offices of Robert Dixon

Filing a personal injury claim can be a complicated process. At the Law Offices of Robert Dixon, our diligent and hardworking Miami injury attorneys understand the procedural rules that can be vital to your case.

In Chase v. Hess Operations LLC, a woman was injured in a slip and fall accident at a Hess gas station. The incident took place in Clearwater, Florida. Some time afterward, the woman filed a negligence lawsuit against the gas station in state court. The gas station then removed the lawsuit to the Middle District of Florida based on diversity of citizenship, due to the fact that the woman denied that her total damages did not exceed $75,000 in her response to certain requests for admissions.