South Florida Injury Lawyer Blawg

Driver’s Personal Auto Insurance Not Liable for Death of Florida Baby in Daycare Vehicle

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

Leaving children at a daycare can be a tough decision for many parents. However, for many working parents, daycare is the only option. When parents make this decision, they expect their children will be taken care of. Unfortunately, this does not always happen. If your child has been hurt or killed due to a careless daycare facility, it is important to speak to a qualified Miami injury attorney who can help you get the justice you deserve.

In Bryant v. Windhaven Insurance Co., a van driver employed by a local daycare picked up an infant and other children to take to the daycare center. When he arrived at the daycare, he took all the children inside except for the infant. The driver had forgotten the infant was in the car. The infant remained in the vehicle for several hours and died as a result of the summer heat.

Following the tragic incident, the deceased infant’s parents filed a wrongful death claim against the daycare, the daycare’s landlord, and the driver of the van. The driver pursued defense and coverage from his personal auto insurance policy, despite the fact that the death took place in the daycare’s van. The driver’s insurer approved coverage but did so under a reservation of rights, meaning the insurance company reserved the right to deny coverage at a later time.

Tree Accidents in Florida

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

Trees can be a beautiful sight in Florida parks and on private property. However, falling tree branches, exposed roots, and inadequately maintained trees can cause serious injuries to individuals. If you are injured in a tree accident, it is important to seek the help and guidance of a qualified Miami injury lawyer. We can assess the merits of your case and determine whether or not you have a viable legal claim.

When large trees or branches fall on individuals, they can cause injuries such as traumatic brain damage, broken ribs, broken bones, back injuries, fractures, neck injuries, and partial or total paralysis. These injuries can require extensive medical treatment. The most serious tree accidents can result in death.

An individual who has been hurt in a tree accident may be able to take legal action against the property owner or entity that controls the property. These accidents typically fall in the legal category of premises liability. Under Florida law, property owners have a duty to maintain their premises in reasonably safe conditions. This includes tending to trees that may be a hazard to others.

Fatal Car Accidents in Florida

Published on: September 25, 2015 | by Law Offices of Robert Dixon

Every day, people in Florida and throughout the United States are killed in car accidents. In some cases, the death is instant, while in others the victims suffer catastrophic injuries that turn fatal. At the Law Offices of Robert Dixon, we understand how devastating such a loss can be for a family. Our Miami personal injury attorneys are committed to obtaining justice for the loved ones who are left behind to pick up the pieces.

According to the U.S. Department of Transportation Fatality Analysis Reporting System (FARS), there were 30,057 fatal motor vehicle accidents in the U.S. in 2013, in which a total of 32,719 deaths occurred. In the state of Florida, there were 2,228 fatal crashes, in which 2,407 deaths took place. Alcohol played a role in some of these accidents. A number of different types of injuries ultimately caused the deaths.

Electrocution and Electrical Contact Accidents in Florida

Published on: September 25, 2015 | by Law Offices of Robert Dixon

Electrocution and electrical contact accidents can often be avoided. Unfortunately, many of these types of accidents are a result of the negligent installation or maintenance of power lines. If you or someone close to you has been injured in an electrocution or electrical contact accident, we can help. At the Law Offices of Robert Dixon, we are committed to getting our clients the compensation they deserve for their harm.

Electrical shocks take place when an individual comes into contact with a live electrical current. In some cases, the results can be minor discomfort with no long-lasting damage, while in other instances the shock can cause serious nerve damage, burns, or even a spinal cord injury.

Electrical accidents are often caused by a failure to enforce safety regulations, negligent maintenance, downed power lines, sagging power lines, or exposed electrical cords. Many times, the harm could have been avoided if the property owner had taken reasonable care to prevent or fix the hazardous condition. In order to hold a property owner responsible for injuries, a plaintiff must demonstrate the following elements:

Florida Federal Court Declines to Remand Personal Injury Case Back to State Court

Published on: September 25, 2015 | by Law Offices of Robert Dixon

In Derringer v. Cracker Barrel Old Country Store, Inc., a woman suffered an injury when an employee of a Cracker Barrel restaurant negligently struck her with a serving tray of food. She subsequently filed a lawsuit against Cracker Barrel in Florida state court. Some time later, the restaurant removed the case to federal court on the basis of diversity of citizenship.

Under civil procedure rules, when a lawsuit includes parties from two different states, and the amount of damages in the lawsuit is in excess of $75,000, either party has the choice to remove the case to federal court. The party who opts to remove has the burden of establishing that the removal is appropriate. When that party meets its burden, the case must be removed. It is significant to note that removal statutes are to be strictly construed against removal. This means that if there is any doubt as to proper subject matter jurisdiction, it should be resolved against removal.

Slip and Fall Lawsuit Against Cruise Ship in Miami-Dade County Dismissed for Not Being Filed on Time

Published on: September 16, 2015 | by Law Offices of Robert Dixon

In Pettit v. Carnival Corp., the plaintiff was a passenger on a Carnival Breeze ship when she was hurt in a slip and fall accident. The incident took place on September 24, 2013. Before embarking on the ship, the plaintiff completed a standard Guest Ticket Contract Acknowledgment, agreeing to the clause that any future personal injury claims would be filed within one year in the Southern District of Florida. Specifically, the contract stated that any personal injury claim “shall not be maintainable unless filed within one year after the date of injury.”

On September 12, 2014, 12 days prior to the one-year time limit of the statute of limitations, the plaintiff filed a lawsuit in the state court for Miami-Dade County, Florida. Additionally, the plaintiff did not serve the cruise company until November 2014. On December 1, 2014, Carnival filed a motion to dismiss the lawsuit based on the terms of the contact. Approximately two weeks later, the plaintiff filed her claim in federal court in Miami, Florida. Carnival responded by requesting the court grant its motion for summary judgment on the basis of the expired statute of limitations.

Side Impact Collisions in Florida

Published on: September 16, 2015 | by Law Offices of Robert Dixon

Every year, a number of people in Florida and throughout the United States are injured and killed in side impact collisions. Side impact accidents can change lives in an instant. If you’ve been injured in a side impact collision that was not your fault, it is important to speak to a qualified Miami injury attorney who can assess the merits of your case and help you get the compensation you deserve for your harm. Often referred to as a “T-bone accident,” side impact collisions occur when one vehicle collides with the side of another. The United States Office of Health, Safety, and Security estimates that side impact crashes are responsible for over 9,000 deaths every year. In fact, one out of every four automobile accident fatalities in the United States is due to a side impact collision. The only other type of collision that results in more deaths on an annual basis is head on collisions.

State Supreme Court Allows Case to Proceed Against Gym in Premises Liability Case

Published on: September 16, 2015 | by Law Offices of Robert Dixon

Earlier this month, an appellate court in California heard a case involving a woman who was injured while working out at a 24-Hour Fitness location. According to the court’s opinion, the woman was injured when the back panel of a workout machine came loose and fell, hitting her in the head. As a result, she suffered a traumatic brain injury. She filed suit against the gym, alleging several claims. However, relevant to this appeal was the woman’s claim of gross negligence.

The Case at Trial

At trial, 24-Hour Fitness claimed that they were not grossly negligent because they had hired a technician to perform routine maintenance on all the facility’s machines. However, 24-Hour Fitness was not able to bring this employee to court because he no longer worked for the company and could not be located. Instead, they had two other employees testify, but these employees did not have the exact knowledge of when the machine at issue was last serviced.

The gym argued for early dismissal, claiming that there was no possible way it could be grossly negligent under the facts given. The plaintiff argued that, absent evidence of specific maintenance that was performed on the machine, the court should allow the case to continue forward to trial. The judge sided with the defendant gym and dismissed the case before it reached trial.

Several Motorists Injured in Four-Vehicle Head-On Collision Near Mid-Bay Bridge

Published on: September 16, 2015 | by Law Offices of Robert Dixon

Earlier this month in Okaloosa County, near the Mid-Bay Bridge, a four-vehicle accident seriously injured one teen and left several others with minor injuries. According to one local news source, the accident took place on northbound State Road 293, as the driver of a 1997 Lexus was approaching a curve in the roadway.

Evidently, as the driver of the Lexus approached the curve, she lost control and entered the lanes of oncoming traffic. As she did so, she collided with two vehicles heading south. The force of the collision with the Lexus sent one of the two vehicles it hit into a fourth vehicle. The driver of the Lexus suffered serious injuries and was immediately taken to Fort Walton Beach Medical Center.

The occupants of one of the other cars were critically injured and taken to Sacred Heart Hospital in Pensacola. The occupants of the other two vehicles suffered only minor injuries and were not taken to the hospital.

Young Ocala Couple and One Other Killed, Several Injured in Heartbreaking Lecanto Auto Accident

Published on: August 31, 2015 | by Law Offices of Robert Dixon

A tragic car accident in Lecanto last month took the lives of a 22-year-old couple involved and left their three-year-old daughter, who was riding in the back seat, seriously injured. The five occupants of the other vehicle involved were also each injured, and one of them, a 73-year-old woman, died from her injuries at the Shands Hospital in Gainesville the following afternoon. The exact cause of the accident is still under investigation, although it appears that authorities have been able to build a basic picture of what happened.

According to a local news article, the accident occurred after a 2008 Chevrolet Aveo with the young couple from Ocala and their daughter veered from the eastbound lane into the westbound lane for an unknown reason. The other car involved, a 2012 Toyota Prius, then hit the Chevrolet on the passenger side. The source does not mention if authorities know whether or not the drivers and passengers of either car were wearing their seatbelts.

The Dangers of Texting and Driving

There is no indication that last month’s tragic accident was caused by a driver texting or using their mobile phone in the moments leading up to the accident, but similar accidents in the past have been caused when someone takes their eyes off the road to operate their phone. The distraction that is caused by using a phone while driving has been an issue since the invention of the cellular phone, but the advancements in phone technology over the past decade have made the problem much worse. Nearly every phone has a touch screen, and phones are able to do things that weren’t possible before. It can be tempting for drivers to look up directions or a schedule really quickly online, or to read the Facebook message they were just notified of, but such decisions take their attention from the road and increase the risk of tragedy.