South Florida Injury Lawyer Blawg

Eleventh Circuit Makes Evidentiary Ruling in Florida Slip-and-Fall Case Involving Expert Testimony

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

Earlier this month, the Eleventh Circuit Court of Appeals heard an appeal from a slip-and-fall case that arose out of the Southern District of Florida. In the case of Sorrels v. NCL, the plaintiff was injured in a slip-and-fall accident as a customer aboard the defendant’s cruise liner. The plaintiff and her husband sued the cruise line for negligence in failing to maintain safe conditions aboard the boat.

The Facts at Trial

At trial, the evidence showed that the plaintiff slipped on the deck of the cruise ship after it had rained. As she slipped, she put her wrist down to lessen the blow to her body and ended up fracturing her wrist. To help prove their case of negligence against the cruise line, the plaintiffs called an expert witness to testify regarding the coefficient of friction (COF) on the ship deck. A COF is a scientific term used to measure how slippery a surface is: the higher the number, the less slippery the surface.

The expert conducted some tests on the very same deck the plaintiff slipped on, although the tests were not performed until roughly a year and a half after the accident. However, to mimic the exact conditions of the deck on the day of the accident, the expert did conduct the tests after a rainfall.

Falling Merchandise Injuries in Florida

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

Falling merchandise accidents typically take place when products, boxes, and other items fall from shelves and cause injury to a customer. If you or someone close to you has been injured due to falling merchandise, it is important to seek the help of a qualified premises liability attorney who can assess the merits of your case. At the Law Offices of Robert Dixon, we will work diligently to help you get the compensation you deserve for your harm.

Merchandise can fall from shelves for a number of reasons, such as being improperly stacked, stacked too high, defective racking, defective pallets, failure to warn customers of dangerous areas, and more. Big department stores routinely receive complaints about falling merchandise. In fact, Wal-Mart revealed that 17,000 falling merchandise cases were filed against the company between 1989 and 1994. However, superstores continue to stack merchandise vertically as a cost-saving tactic.

Storeowners have a legal responsibility to keep their stores in reasonably safe conditions in order not to cause harm to customers. This responsibility includes keeping aisles clear. Under premises liability law, stores have a legal duty to protect their customers from falling merchandise. Otherwise, the store likely will be liable for any resulting harm.

Duty to use AED by Florida School – Limones v. Lee County School District

Published on: August 17, 2015 | by Law Offices of Robert Dixon

In the state of Florida, automated external defibrillators (AED) are required at all schools that partake in the state athletic association. Furthermore, the state requires anyone who might use such a device to be trained on how to use it properly.

In the case of Limones v. School District of Lee County, a student’s family filed a lawsuit against the school district after their son died after collapsing during a soccer game. The family alleged that the school violated its statutory and common law duty by not using the AED to treat the student.

The student was 15 years old and was playing soccer in a competition at a neighboring school in the same county. During the game, the student collided with another player and immediately collapsed. Moments later, it was evident that the student was not getting up. The coach went to check on the student. The student still did not get up. The coach tried to converse with the student for an estimated three minutes until the student stopped breathing and lost consciousness.

Elevator and Escalator Accidents in Florida

Published on: August 17, 2015 | by Law Offices of Robert Dixon

Elevators and escalators, like other moving devices, can cause serious injuries to individuals in Florida and across the United States. Elevators and escalators should constantly be checked and maintained, due to their frequent use. If you or someone close to you has been injured on an elevator or escalator, it is important to speak to a skilled Miami injury attorney who can seek the justice and compensation you deserve for your harm.

According to the Consumer Product Safety Commission, approximately 17,000 individuals are injured and 30 people die in accidents involving elevators or escalators every year. Elevator and escalator accidents can take place in a variety of ways. Elevator cables can break, causing the elevator to plunge to the ground. Elevator doors can close on people, and elevators can get stuck for long periods of time. Escalator injuries can arise when steps loosen and catch on clothes, toes, or other body parts, when the steps don’t level properly, or when there is too much space between steps and side walls.

An elevator or escalator accident victim may wonder who he or she can hold responsible for the harm. To ascertain liability, inspection logs, maintenance records, operating permits, and other documents must be carefully reviewed. In many cases, the property owner may be legally responsible for the accident.

Clarifying Amendment 7 of Florida Constitution – Bartow HMA, LLC v. Edwards

Published on: August 17, 2015 | by Law Offices of Robert Dixon

When we seek medical help, we expect to get better, not worse. Unfortunately, medical mistakes are common, and patients often suffer harm at the hands of the very medical professionals they trust with their health. Medical malpractice occurs when a health care professional makes a medical error that results in harm to the patient. In medical malpractice cases, the health care professionals involved likely created a record of the incident.

In Bartow HMA, LLC v. Edwards, the plaintiff filed a medical malpractice case against the physician who removed her gall bladder as well as the hospital, alleging the hospital was responsible for the injuries caused by the physician, nurses, and other hospital personnel when she was injured during surgery.

The plaintiff asked the hospital for all the documents from the five years prior to the surgery relating to the investigation or review of the physician’s care of any patient and all documents pertaining to the investigation or review of her treatment or care.

Rollover Accidents in Florida

Published on: August 17, 2015 | by Law Offices of Robert Dixon

If you or someone close to you was injured in a rollover accident, we can help. Rollover accidents can have devastating and long-term consequences for everyone involved. At the Law Offices of Robert Dixon, our skilled Miami accident attorneys have helped many South Florida clients seek the justice and compensation they deserve for their harm. We can diligently investigate the facts of your case and try to hold the at-fault party accountable.

Rollover accidents happen for a number of reasons, ranging from a driver making a dangerously sharp turn to being hit by another vehicle. The National Highway Traffic Safety Administration (NHTSA) estimates that 55 percent of fatalities in a single-car crash involved rollovers. The NHTSA also reports there are approximately 280,000 rollover car accidents each year in the United States. In some years, rollover accidents have caused up to 10,000 deaths.

Rollover accidents are often caused by the negligence of another driver. Negligence refers to the failure to exercise reasonable care when driving. Reasonable care is defined as how a prudent person would act in the same or similar circumstances. As a result, what is considered reasonable will vary depending on the situation. For example, an SUV driver who makes excessively sharp turns at high speeds would be considered negligent if he caused a rollover accident and the resulting harm in this manner.

Airbag Accidents in Florida

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

If you’ve been involved in a serious car wreck in Florida, you understand how terrifying it can be when the airbags deploy. While airbags are designed to protect individuals in the event of an accident, they often injure and in some cases even kill drivers and passengers. If you’ve been injured due to an airbag, or you’ve lost a loved one due to an airbag, we can help. We will work diligently to figure out what happened that caused the injury or death. At the Law Offices of Robert Dixon, our Miami personal injury attorneys believe in holding negligent parties responsible for the harm they cause.

Airbag injuries can range from eye injuries to burns, broken bones, ear injuries, and more. The sheer impact of the airbag coming out of the dashboard at such high speeds can cause serious harm to an individual. There are a number of reasons airbags can cause injury rather than help protect an individual. Airbag defects and failures include failure to deploy during an accident, deploying late and causing additional damage, and accidental deployment, which can cause a driver to lose control of his or her vehicle.

If you were injured as a result of an airbag, you may be able to file a lawsuit against the airbag manufacturer, the vehicle manufacturer, or the car dealership that sold the car. Airbag accident cases are often pursued under the legal theory of product liability, under which a product manufacturer or anyone in the chain of commerce may be liable for placing a hazardous or faulty product into the market that causes injuries or accidental death.

Roller Skate and Skateboard Accidents in Florida

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

Florida weather lends itself to many outdoor activities almost all year round, including roller skating and skateboarding. While these activities offer a thrill, roller skating and skateboarding accidents can lead to serious injuries. Even with protective gear, the risk of injury comes from the speed and body exposure involved. If you’ve been hurt in a roller skate or skateboard accident, you may be able to seek compensation for your harm.

In the state of Florida, there are certain laws that individuals must follow when they are operating roller skates of skateboards.

Generally, no individual on roller skates, or riding on any coaster, toy vehicle, or similar device, may go upon any roadway unless it is to cross the street on a crosswalk. When that individual is crossing, such a person is granted all rights and is subject to all duties applicable to pedestrians.

Birth Injuries in Florida

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

During the labor and birth process, a baby needs proper medical attention so that everything goes smoothly. When mistakes are made, the consequences can be shattering. If you suspect that a medical professional caused your baby’s injury during childbirth, it is important to speak to someone as soon as possible. Hospitals and health care professionals have an obligation to ensure the safety and health of newborn children. At the Law Offices of Robert Dixon, our Miami medical malpractice attorneys have the skill and knowledge to distinguish between unavoidable childbirth complications and healthcare provider errors.

Research indicates that for every 1,000 babies born alive in the United States each year, six babies incur birth trauma injuries. These injuries can range from mild to severe. While mild injuries can often be overcome quickly, severe injuries can have very serious life-long consequences for the child, including disruptions in the child’s basic day-to-day activity.

Negligent Entrustment in Florida Jet Ski Accident Case

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

In the case of Gozleveli v. Kohnke, Florida residents Tamer and Farideh Gozleveli purchased two new jet skis for their family to use – including their adult son, Aydin. In February of 2012, Aydin, his friend Ryan de la Nuez, and Karen Kohnke met up to ride the jet skis. For most of the excursion, Ryan operated one jet ski, while Kohnke rode as a passenger. Aydin operated the other jet ski. Sometime later, Ryan allowed Kohnke to take over and drive the jet ski he was originally operating. Aydin did not initially realize that Kohnke was driving. However, when he did notice, he did not take any actions to demand that Ryan drive instead of Kohnke. Aydin eventually asked Kohnke to follow him home.

On their way back, Kohnke allegedly lost control of the jet ski and crashed into a nearby dock. The accident led to the woman suffering a number of serious injuries. In fact, Kohnke had to spend two months in a medical facility to recover. Subsequently, she filed a negligent entrustment claim against Aydin in the Southern District of Florida.