South Florida Injury Lawyer Blawg

The “Relation Back” Doctrine in Florida Injury Cases

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

Plaintiffs must properly identify defendants prior to filing a lawsuit. While it is possible to amend a complaint to add a defendant at a later time, it is imperative to do so prior to the date that the statute of limitation expires. The statute of limitations is a window of time in which legal action must be taken. In the state of Florida, an individual has four years from the date of the accident to take legal action. Failure to identify a defendant properly within this time frame could lead to the plaintiff’s claim being barred altogether.

In Russ v. Williams, the plaintiff was injured in an automobile wreck. The plaintiff filed a complaint against the defendant, claiming he was the owner and driver of the other vehicle involved in the accident. The defendant denied the accusations. Approximately one week after the statute of limitations had expired, the defendant filed a motion for summary judgment, alleging that his wife was the owner and driver of the car when the crash took place.

In response to this new information, the plaintiff filed a motion for leave to file an amended complaint in order to substitute the wife for the husband in the complaint. The defendant then filed a response opposing the motion, arguing that adding his wife was not permitted because she was an entirely new party and the statute of limitations had already expired. The plaintiff argued that, since the amended complaint would relate back to the original complaint, it was permissible. The trial court agreed with the plaintiff and allowed her to file the amended complaint.

Punitive Damages in Florida

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

If you have been injured due to another person’s negligence, you may be able to seek compensation for your injuries. While compensatory damages are awarded quite commonly, punitive damages are much harder to obtain. Punitive damages are only permissible in limited situations and are awarded in a very small percentage of personal injury cases. If you or someone you know has been injured in an accident, it is important to contact a qualified Miami personal injury attorney who can help assess the merits of your case as well as what types of damages you may be eligible for.

Compensatory damages are awarded to make an injured person whole. Thus, compensatory damages include compensation for medical expenses, pain and suffering, physical impairment, lost income and benefits, property damage, and therapy costs.

Punitive damages are special or exceptional damages designed to punish the offending party for its reckless or careless conduct. The idea is that punitive damages deter others from acting in a negligent manner. Punitive damages are not intended to compensate the injured party. As such, the awarded sum is generally much higher than the measurable value of the harm.

Seeking Damages for Negligently Designed Roads in Florida

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

Every day, a number of people across Florida are injured in automobile accidents. These accidents have a variety of causes. In most motor vehicle accident cases, the negligent party is one of the drivers. However, sometimes unsafely designed roads can be the root cause of an accident. In Villanueva v. Reynolds, Smith and Hills, Inc., the Fifth District assessed whether an engineering company, Reynolds, Smith and Hills (RS&H), could be liable for negligent road construction even though the county had signed a subsequent set of design plans by a successor engineer.

The case arose after a serious vehicular collision in 2007 that resulted in the death of one of the drivers. The accident took place at a rural intersection in Osceola County. In 1999, the County had hired RS&H to provide design services for a roadway expansion project.

The decedent’s personal representative filed a lawsuit against RS&H as well the county, alleging negligence when it came to the placement of the advance warning signs for the intersection. Specifically, the plaintiffs argued that the advance warning signs were improperly placed. RS&H moved for summary judgment, stating that the plans devised by its company were not used for construction of the advanced warning signs, that the county assumed full responsibility for the plan when it signed and sealed a subsequent set of plans, and that the county assumed all responsibility for obvious flaws in the plan by accepting the final project.

The “Foreign Body” Instruction in Florida Medical Negligence Cases

Published on: April 15, 2015 | by Law Offices of Robert Dixon

In Dockswell v. Bethesda Memorial Hospital, Inc., a Florida appeals court recently held that a surgical patient who claimed a nurse negligently left a medical instrument in his body was not entitled to a jury instruction that the presence of a foreign object in a patient’s body creates a presumption of negligence against the defendant. The court went on to explain that such a jury instruction is reserved for instances in which the plaintiff is unaware of how the alleged injury took place or the identity of the responsible party.

In the case at hand, the plaintiff was admitted to the hospital for surgery, which encompassed placing a drainage tube in his body to get rid of post-operative fluid. The following day, a nurse came to remove the drainage tube. The patient and his wife observed the nurse as she removed the tube. Some time later, the patient realized that part of the tube was inadvertently left inside his body. The patient had experienced pain for months before a CAT scan showed that part of the tube was still inside him. He had to undergo a second surgery to remove the tube.

Parasailing Accidents in Florida

Published on: April 15, 2015 | by Law Offices of Robert Dixon

Every year, residents and visitors of Florida enjoy a number of outdoor activities, such as parasailing. Parasailing is a recreational kiting activity in which a person is towed behind a boat while attached to a contraption like a parachute, known as a parasail wing. When the boat moves through the water, the individual is carried into the air through the parasail wing. Over the years, parasailing has become an extremely popular water sport activity. While in most cases, individuals parasail without incident, parasailing also results in injuries.

The Parasail Safety Council reports that between the years of 1982 and 2012, there have been approximately 130 million parasail harness rides. Of all those rides, 73 resulted in death. Nine of those deaths were the result of passenger support equipment failure. The council estimates that thousands of people have been injured as well. Some common causes of parasail accidents include, but are not limited to, equipment malfunctioning, improper licensing of the operating company, the parasail not being properly connected, poor safety training of the parasail company’s staff, and more. In some cases, more than one issue is the cause of an accident.

In most instances, parasailing accidents will give rise to a negligence claim, although they may also involve product liability claims. Negligence is the failure to take proper care when doing something. Put another way, negligence is the failure to exercise reasonable care. Reasonable care is defined as how a prudent person would act in the same or similar circumstances. If it is determined that a parasailing operating company acted negligently (i.e., did something or failed to do something that a reasonable parasailing company would do), that company likely will be liable for the plaintiff’s harm.

Duty of Care Owed to Trespassers in Florida

Published on: April 15, 2015 | by Law Offices of Robert Dixon

In some cases, when an individual is attacked on someone else’s property, that individual may have a claim for negligent security. Negligent security claims can be complex and highly fact-intensive, which is why it is imperative to consult an experienced Miami injury lawyer who can assess the merits of your case. At the Law Offices of Robert Dixon, we have years of experience in virtually all aspects of personal injury law.

A claim of negligent security may arise when the property owner fails to provoke sufficient security. This may include insufficient lighting, security precautions and other measures.

In Nicholson v. Stoneybrook Apartments, the court dealt with the following issue: what duty does a property owner owe to a person whom it has told not to return to the property. The facts of the case are as follows: The plaintiff was at a party at an apartment complex when she was shot in the leg. The incident took place in a common space of the complex.

Negligence Claims against Pharmacies in Florida

Published on: March 27, 2015 | by Law Offices of Robert Dixon

Negligence law encompasses a wide range of activities from car accidents to slip and fall cases. The four elements of negligence include: duty, breach, causation and damages. In some cases, the pertinent question is whether the defendant even owed plaintiff a duty. This is exactly the question the court addressed in the case of Oleckna v. Daytona Discount Pharmacy in regards to the duty of care a pharmacy owes its customers.

The facts of the case are as follows: A man was being treated for “stress syndrome” characterized by excessive anxiety and pain. He was being treated with prescriptions for various drugs, including Alprazolam and Acetaminophen combined with either Oxycodone or Hydrocodone. The treating physician kept prescribing these drugs over a two year time span. However, new prescriptions were given to the man before the old supply of drugs ran out. In other words, the man was consuming the drugs faster than he should have been. The pharmacy allegedly filled thirty or more prescriptions written days before the previous prescription should have been finished. The man ultimately died from an overdose of prescribed medication.

The man’s estate sued the pharmacy, claiming that the prescriptions were issued too closely in time and should only have been issued when the preceding ones had been exhausted. Put another way, the man’s estate alleged that the pharmacy was negligence because it continued to fill prescriptions so closely in time that the patient could suffer an overdose.

Common Examples of Negligent Driving in Florida Car Accident Cases

Published on: March 27, 2015 | by Law Offices of Robert Dixon

Every day, a number of people in Florida and throughout the United States get into car accidents. While some are minor fender benders, others have serious and long-term consequences. When you are injured due to the carelessness of another driver, you may be able to recover compensation for your injuries by filing a personal injury claim. Personal injury lawsuits are rooted in the theory of negligence. Negligence is a broad area of law, and establishing liability can be very tricky. This is precisely why it is important to seek the guidance of an experienced Miami injury attorney if you think you have a claim.

Negligence is the failure to use reasonable care in one’s actions or omissions. Reasonable care is defined as how a prudent driver would act in the same or similar circumstances. It is important to note that negligence does not involve intentional acts by the defendant. Regardless of intent, however, one party is typically at fault in car accident cases. In Florida, the following elements must be established to show negligence: i) the defendant owed the plaintiff a duty to exercise reasonable care while driving; ii) the defendant breached this duty of care; iii) the defendant’s breach was the direct cause of the car accident; and iv) the plaintiff suffered quantifiable harm as a result.

Understanding the Difference between Florida’s Intentional Torts and Negligence Laws

Published on: March 27, 2015 | by Law Offices of Robert Dixon

At The Law Offices of Robert Dixon, we represent clients who have been harmed by another. These injuries can arise through an intentional tort or through negligence. While both types of claims allow an injured party to seek compensation, they are very different types of cases. Understanding the distinction between an intentional tort and a negligence claim can be very important in determining your rights and options under Florida law.

When an individual is injured, the damages are typically covered by personal injury law, also known as tort law. Tort laws have been created by both the federal and state governments to protect the rights of injured persons. These laws also hold at-fault parties responsible for their actions. Liability under tort law can arise through intentional acts as well as negligent acts.

Intentional Torts

An intentional tort is a civil wrong resulting from an intentional act of the defendant. Put another way, an intentional tort is an action done on purpose against a person or person’s property. The definition covers a wide range of actions. One example of an intentional tort would be a punch to the face. In that example, the actor intended to cause harm by slamming his or her closed fist into the victim’s face.

Negligent Supervision of Children in Florida

Published on: March 19, 2015 | by Law Offices of Robert Dixon

In the State of Florida and throughout the United States, children are often injured due to careless supervision. Florida public schools, private schools, daycare facilities, summer camps and caretakers have an obligation to supervise children properly. While these entities are not liable for every injury that occurs, they are responsible for any injuries to children that are caused by negligence.

To pursue legal action on behalf of an injured child, a parent has to have a valid cause of action. This refers to a legally recognizable claim against the at-fault party. In most instances, when careless supervision is involved, the case will generally be governed by principles of general negligence. For example, if a child is injured on the playground, a legal case can be pursued only if the plaintiff can demonstrate that the injuries resulted from negligent supervision.

Negligent supervision is a tort that may apply in a variety of contexts. Essentially, negligent supervision claims are lawsuits filed by parents whose children were injured when a teacher or caregiver failed to provide adequate supervision. For example, if a child is hurt by his or her classmate, the teacher may be subject to a negligent supervision lawsuit if it can be shown that the teacher failed to monitor the children properly and the harm was preventable.