South Florida Injury Lawyer Blawg

ATV Accidents in Florida

Published on: July 8, 2015 | by Law Offices of Robert Dixon

If you or someone close to you has been injured in an all-vehicle terrain (ATV) accident, you may be entitled to compensation for your harm. Whether you were hurt due to an ATV manufacturing defect or the negligence of another ATV driver, we can help. At the Law Offices of Robert Dixon, our experienced Miami personal injury attorneys can help you recover the damages you deserve for your injuries. With years of experience, we have helped countless Florida clients resolve their injury claims and can help you too.

ATV accidents can take place in a variety of ways. Individuals are not required to have a driver’s license to operate an ATV. As a result, people often operate ATVs for amusement in rural areas with little or no prior training. This inexperience can lead to serious accidents and injuries. Other causes of ATV accidents include drivers failing to obey laws, trying to perform stunts, allowing more riders on the ATV than it can handle, malfunctioning equipment, and more.

If the ATV accident was caused by a design or manufacturing flaw, the manufacturer or seller may be liable under products liability law. A product is considered to have a design defect when there is a defect built into the design of the product. For example, an ATV may be designed with a flaw that makes it unreasonably dangerous. A product is considered to have a manufacturing defect when the product is created in a way that departs from the intended design. Manufacturing defects normally take place due to a blunder in the making of the product.

Florida Appellate Court Rules that Plaintiff’s Motion to Amend Complaint Must be Reconsidered

Published on: July 8, 2015 | by Law Offices of Robert Dixon

Property owners in the state of Florida have a legal obligation to maintain their premises in a reasonably safe condition so as not to cause harm to those who enter the land. If you or someone close to you has been injured on somebody else’s property, you may be entitled to compensation for your harm. Ascertaining liability in premises liability cases can be complicated, which is why it is important to seek the help and guidance of an experienced Miami injury attorney who can determine the viability of your case.

In Grover v. Karl, the plaintiff filed a lawsuit against a bar and its owner after she slipped and fell at the bar when other patrons got into a fight. After sustaining the injury, the woman sued the property owner for negligence. In her original complaint, the woman claimed that another patron had intentionally attacked her. At deposition, however, she alleged that the fall took place when the bar manager shoved into her during the fight that took place between the other two patrons.

The bar owner responded to the woman’s lawsuit by filing a motion for summary judgment. According to the bar owner, he had no notice of the hazardous condition that caused the woman’s injuries. The plaintiff filed a motion to amend her complaint and filed an affidavit explaining her contradictory testimony. The trial court granted the defendant’s motion for summary judgment and denied the woman’s motion for leave to amend her complaint.

Tailgating Accidents in Florida

Published on: July 8, 2015 | by Law Offices of Robert Dixon

Tailgating is a major problem in Florida and throughout the United States. Every year, a number of people are injured in accidents caused by tailgating drivers. If you have been injured in this type of accident, it is important to seek the help of a skilled Miami injury attorney who can get you the justice and compensation you deserve for your harm. While we aim to settle every case, we are not afraid to vigorously advocate for you in the courtroom if necessary.

Tailgating occurs when one driver follows the vehicle in front of it too closely, almost riding its tail. The National Highway Traffic Safety Administration (NHTSA) classifies tailgating as a form of aggressive driving. Tailgating is a dangerous practice, and failing to keep a safe distance between vehicles can lead to horrific accidents. Some of the top causes of tailgating include road rage, aggressive driving, careless driving, distracted driving, negligent driving, and speeding to a particular destination.

An accident that was caused by a driver following too closely is a preventable one had the driver been more careful. As such, the driver may be considered negligent for failing to exercise reasonable care while driving. Reasonable care is defined as how a prudent or sensible person would act in the same or similar circumstances. As such, what is ‘reasonable’ will vary according to the specific situation. In the context of driving, a prudent person would not follow another vehicle too closely, realizing that maintaining a safe driving distance from vehicles in front of you is a critical part of driver safety.

Golf Cart Accidents in Florida

Published on: June 29, 2015 | by Law Offices of Robert Dixon

Florida is a state full of sunshine and golf courses. With the numerous pristine golf courses throughout the state, Florida residents and visitors have experienced an increase in golf cart use. Unfortunately, the increased use of golf carts also means more golf cart accidents. There are a number of types of golf cart crashes in which unprotected occupants may suffer serious harm. If you’ve been in a golf cart accident, we can help. At the Law Offices of Robert Dixon, our Miami injury lawyers can assess the merits of your case and help seek the compensation you deserve.

Many people don’t realize how dangerous a golf cart can be. Golf carts do not always have seat belts, and yet they can reach speeds of up to 40 mph. According to the Consumer Products Safety Commission (CPSC), approximately 15,000 golf cart-related injuries take place every year in the United States. There are a number of reasons that golf cart accidents may occur, including reckless driving, joyriding, inattentiveness, drinking and driving, distracted driving, and more.

In most instances, a person involved in a golf cart accident will be able to file a lawsuit against the at-fault party under the theory of negligence. In order to succeed on a negligence claim, an injured person must show that the at-fault party owed the plaintiff a duty of reasonable care that was breached and that the breach was the direct cause of the plaintiff’s injury and the resulting damages. The duty of reasonable care refers to the obligation to act as a prudent person would act in the same or similar circumstances. In Florida, a golf cart is considered a dangerous instrumentality, and the owner of a golf cart can be liable for a negligent driver.

Speeding Accidents in Florida

Published on: June 29, 2015 | by Law Offices of Robert Dixon

Speeding leads to serious injuries and even deaths on Florida roads every year. If you or someone close to you has been injured because of a speeding driver, you may be entitled to compensation for your injuries. At the Law Offices of Robert Dixon, our dedicated Miami injury attorneys have years of experience helping individuals who were victims of someone else’s careless driving. We can meticulously gather the facts of your case, develop a legal strategy for you, and work with the appropriate experts to seek a favorable outcome in your case.

Speeding is a major cause of accidents in the United States. According to the National Highway Traffic Safety Administration (NHTSA), speeding is a factor in almost one-third of traffic-related deaths. Approximately 10,000 people die each year in speed-related wrecks. The NHTSA also reports that speeding contributed to over 366 fatalities in Florida crashes in 2011.

There are many reasons why drivers speed, including a rush to reach a particular destination, inattentiveness, distracted driving, or simply for the thrill. Speeding is dangerous for a number of reasons, including the fact that it reduces a driver’s ability to control the car, more time is required for a vehicle to stop, and speeding increases the impact and severity of any collision that does take place.

Understanding Damages in Florida Personal Injury Cases

Published on: June 29, 2015 | by Law Offices of Robert Dixon

Every day, people are injured throughout the state of Florida in various types of accidents. If you or someone close to you has been injured in an accident that was not your fault, you may be entitled to compensation for your harm. Calculating damages, however, is not an easy task, which is why it is advisable to consult a qualified Miami injury attorney who can assess the merits of your case.

Individuals can be injured in a variety of ways, including car accidents, motorcycle accidents, truck accidents, slip and fall accidents, pedestrian accidents, boat accidents, and more. Once an injured party has established that the party responsible acted in a negligent manner, the injured victim will need to show damages. Damages refer to all financial and emotional expenses related to an individual’s injuries. If an individual cannot demonstrate financial or emotional costs that were suffered, that individual will not be able to recover any compensation, no matter how negligent the defendant was. Put another way, there has to be harm for there to be a recovery.

Damages in Florida personal injury cases can be categorized into two broad categories: tangible and intangible damages. Tangible damages, often referred to economic damages, are damages that pertain to quantifiable financial costs. Intangible damages, often referred to as non-economic damages, are those that are psychological in nature and cannot be quantified in the same way that economic damages can be.

Suing a Deceased Person’s Estate – Locke v. Estate of Davis

Published on: June 18, 2015 | by Law Offices of Robert Dixon

A personal injury case does not end if the defendant dies. If this happens, a plaintiff can still file a lawsuit and collect a judgment from the defendant’s estate. This unfortunate situation does, however, make the continuation of a lawsuit much more difficult.

The Supreme Court of Montana recently addressed the issue of suing a deceased at-fault driver in the case of Locke v. Estate of Davis. While the case took place out-of-state, the same general principles apply to Florida cases.

In May 2011, both drivers were driving on the same road in opposite directions when one driver lost control of her vehicle, went into oncoming traffic, and hit the plaintiff’s vehicle head-on. The driver who caused the accident died just a few hours later at a hospital. The plaintiff sustained a number of serious physical injuries as well as emotional injuries.

Right to Privacy in Florida Injury Case – Muller v. Wal-Mart Stores, Inc.

Published on: June 18, 2015 | by Law Offices of Robert Dixon

Defendants in personal injury cases are notorious for trying to get as much information as possible from the plaintiffs. Florida law provides its citizens with the right of privacy, but this right is not absolute. While some requests for information are legitimate, others go too far. As a victim in a personal injury case, we know the last things you want to think about are procedural rules. However, these rules can significantly affect your case.

Under Florida rules of civil procedure, a defendant can seek discovery of any non-privileged matter that is relevant to the case. A discovery request for inadmissible evidence will likely be allowed if it is reasonably calculated to lead to admissible evidence.

In Muller v. Walmart Stores, Inc., the Florida Second District Court of Appeal assessed a grant of disclosure of a plaintiff’s military records to a defendant in a truck accident case.

Florida Law Typically Requires Impact to Recover for Emotional Distress

Published on: June 18, 2015 | by Law Offices of Robert Dixon

While many states have abolished the “impact rule,” Florida still adheres to it. Personal injuries are known as torts. A tort is a wrongful act or infringement of an individual’s right that can be redressed by awarding damages. Injured parties are entitled to all damages that naturally and directly flow from the wrongful act of another. For example, if a driver is excessively speeding and carelessly hits a pedestrian, that driver will be liable for all the damages that naturally arose out of that accident, including the pedestrian’s personal injuries, property damage, lost income, and more.

Under Florida law, however, there is a special rule when it comes to emotional distress and mental anguish. The impact rule stems from the common law requirement that physical contact must take place in order to allow damages for negligent infliction of emotional distress. Put another way, the impact rule requires that a victim sustain some physical impact, even if it is minimal, in order to recover for any type of mental distress. The rationale behind this rule is that a mental injury can be easy to fake, so requiring a physical impact would limit an individual’s ability to make false claims about mental distress.

It is important to note that there are certain exceptions to the rule. A plaintiff can, in certain instances, show physical injury even though he or she did not suffer impact. Fainting at the sight of your child’s injuries could be sufficient to show impact. Any other physical harm that accompanied the mental anguish (including harm related to or caused by it) could allow a plaintiff to take legal action under this exception.

Slip and Fall Case on Florida College Campus

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

Every year, a number of people in Florida are injured in slip and fall accidents. If you or someone close to you has been injured in a slip and fall, you may be entitled to compensation for your harm. These cases can be complicated to handle, which is why it is best to seek the help of a qualified injury attorney who can assess the merits of your case.

In McCarthy v. Broward, the plaintiff filed a personal injury claim against Broward College after she slipped and fell on an unidentified liquid in an elevator on campus. The plaintiff alleged that Broward College knew or, in the exercise of ordinary care, should have known about the existence of the liquid.

Broward College sought summary judgment, arguing that the plaintiff did not prove that the college had actual or constructive knowledge of the hazardous condition, as mandated under Florida Statutes, Section 768.0755.