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Throughout the United States and the state of Florida, a number of people are injured every year through the use of dangerous products. Injuries can arise in a number of ways, from the user using the product incorrectly to the manufacturer failing to provide proper instructions. Injuries can range from minor to severe, and in the worst cases even death can happen. Under Florida law, if a user is injured because a manufacturer or seller negligently failed to ensure the user was aware of the potentials risks and hazards associated with the product, the manufacturer or seller may be held liable for the user’s injuries.

In Rodriguez v. Akal Security, the plaintiff was being held at a processing center after illegally entering the country. During his time there, he was injured at the center’s gym when he fell off the “ProMaxima Hip and Dip Combo,” a piece of exercise equipment allowing users to do dips on one side and chip ups on the other. The plaintiff was having trouble reaching the side of the machine used to do chin ups and decided to climb to on the side used for dips in order to reach the chin up bar. While attempting to reach the chin up bar, the plaintiff fell and sustained injuries. Akal Security provided security for the processing center at the time, and an Akal employee had seen the plaintiff climbing over the equipment but had failed to intervene.

The plaintiff sued Akal for negligence, alleging that its employees should have warned him about the potential dangers of the equipment. The U.S. District Court granted the defendant’s motion for summary judgment, holding that the plaintiff had failed to establish a case for negligence under Florida law. The court noted that there is no duty to warn of an obvious condition, such as in this case. Continue Reading ›

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When you’ve been injured due to someone else’s carelessness, you can typically file a negligence lawsuit to seek financial compensation for your injuries. Negligence is the failure to take reasonable care in one’s actions or omissions that causes harm or injury to another. Put another way, negligence is the failure to do something properly that results in damage to someone else. Under Florida law, a personal injury lawsuit must be filed within four years from the date of the accident.

In order to establish negligence a plaintiff must prove the following elements: 1) the defendant owed plaintiff a duty of care; 2) the defendant breached the duty of care owed to plaintiff; 3) the defendant’s breach caused the accident; and 4) the plaintiff suffered harm or injury as a result. Generally, a duty of care arises when one person undertakes an activity that could potentially harm another. For example, a duty of care exists from one driver to another. The duty of care refers to the obligation of an individual to act in a way that a reasonably prudent person would act in the same or similar circumstances.

In Downs v. U.S. Army Corps of Engineers, the Court of Appeals for the 11th Circuit held that a plaintiff suing a defendant under the theory of negligence must demonstrate the defendant owed that person a duty of care and that the defendant’s breach was the direct cause of plaintiff’s injuries. Continue Reading ›

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When an individual is about to engage in recreational activities such as go-karting, sky diving, zip-lining, para-sailing and other physically rigorous activities, that individual will usually be asked to sign a waiver. A waiver is a document which evidences the intentional relinquishment of a right, claim or privilege. A waiver essentially communicates the fact that the person undertaking the activity understands that he or she may get hurt or killed and, if that happens, the entity hosting or administering the activity will not be liable. Business establishments use waivers to relieve themselves of liability in the event of an accident or injury. Most states have their own laws governing the clarity requirements of waivers. In the state of Florida, waivers must be sufficiently clear in order to be enforceable.

In Gillette v. All Pro Sports, the plaintiff was injured at a recreational go-karting facility known as All Pro Sports. The plaintiff claimed that an All Pro Sports employee increased the speed of the go kart, causing her to lose control of the vehicle and crash into the railing. The plaintiff subsequently sued All Pro Sports for her injuries under the theory of negligence.

The trial court granted the defendant’s motion for summary judgment, finding that the waiver and release from liability that plaintiff had signed was enforceable. The court noted that in order for a waiver to be effective, “the wording of such clauses must be so clear and understandable that an ordinary and knowledgeable person will know what she or he is contracting away.” Here, the trial court concluded that the terms and language of the waiver were clear enough for the plaintiff to understand and consent to. Continue Reading ›

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If you or someone you know was hurt or injured in a motor vehicle accident then you can contact our Miami car crash attorneys today. We are well-versed in personal injury law and proudly represent clients across South Florida. We understand the costs that can quickly add up in the aftermath of an accident and want to help you get the compensation you deserve. While laws surrounding automobile insurance differ from state to state, in Florida, car accident lawyers need to have extensive knowledge of Personal Injury Protection (PIP) to properly handle your case.

Florida requires mandatory PIP coverage. PIP is a facet of car insurance that covers medical bills, lost wages and other damages. Under Florida law, each driver is legally required to carry at least $10,000 in PIP coverage. PIP is designed to be paid regardless of whose fault the accident was. Put another way, if you cause an accident, you can potentially receive payment for your injuries and lost wages. For this reason, PIP is referred to as “no-fault” coverage.

While the Florida Legislature passed changes to the state’s PIP laws in 2013 under the guise of preventing insurance fraud, in reality, the changes have allowed insurance companies to collect similar or higher premiums while providing fewer benefits to policyholders. The statute calls for a staggering 25% reduction in billing for PIP benefits in 2014 although the insurance companies have the right to petition for exclusion from this provision. Continue Reading ›

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As a general rule, individuals are not liable for the acts of third parties unless a special relationship exists. A parent/child or guardian/child relationship constitutes one of those special relationships. Almost every state in the United States has laws known as “parental responsibility laws” and imposes some degree of civil liability on parents for torts committed by their children. In Florida, certain statutes outline which of their children’s actions they will be responsible for.

Parental responsibility laws hold parents and legal guardians responsible for certain acts of their minor children. A minor is defined as a person under the age of 18 in the state of Florida. Thus, the legal principles discussed here will only pertain to actions of a child under the age of 18.

In Florida, a parent or guardian may be liable for their child’s negligence in certain contexts. Negligence is the failure to use reasonable care in an act or omission that leads to injury or harm to another. Reasonable care is defined as acting how a prudent person would act in the same or similar circumstances. In short, negligence is the failure to take proper care when doing something. Continue Reading ›

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Every year, thousands of people are injured on Florida roads, and tragically some are even killed. Unfortunately many of these accidents could have been prevented if the driver exercised reasonable care behind the wheel. While liability is clear when a negligent driver gets into an accident, what happens when a car owner lets another person drive his or her car and that person causes an accident? In this situation, Florida law allows the injured party to take legal action against both the driver and the car owner under the dangerous instrumentality doctrine, which is rooted in negligence.

The dangerous instrumentality doctrine is a common law rule that holds the owner of a fundamentally dangerous tool responsible for any injuries caused by the use of that tool. The doctrine applies to motor vehicles in that car owners may be responsible for any damages suffered by third parties as a result of negligent driving of the car, when the car is driven with the owner’s knowledge and permission.

In Roman v. Bogle, the lawsuit arose from a tragic car accident in which the driver and his passenger were killed when the car ran a red light and was hit by a truck. The passenger’s mother (Roman) filed suit against the driver’s estate as well as the driver’s father (Bogle), claiming that the father, as the owner of the car, was liable under the dangerous instrumentality doctrine. It is important to note that Bogle was not in the car at the time of the accident. Continue Reading ›

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When you’ve been injured in any type of accident, whether it is a slip and fall, a car wreck, or a pedestrian accident, you may have suffered damages. Damages are defined as the amount of money needed to compensate an accident victim who has been harmed by another person’s negligence or misconduct. There are two general categories of damages:  economic and non-economic. Economic damages include medical bills, lost income and benefits, future lost income, loss of support and services, property damage, and any other economic loss arising from the accident. Non-economic damages include pain and suffering, mental anguish, and inconvenience.

Non-economic damages can be difficult to prove, since there is no set way to quantify them as we can quantify the loss of a car or a hospital bill. Consider pain and suffering, which is the legal term for physical and emotional stress that stems from your accident. Factors that you might consider in this category include aches, pains, temporary or long-term physical limitations, depression, scarring, or overall reduced quality of life.

It is important to note that the plaintiff has the burden of proof in a negligence case, which includes proving liability as well as damages. Since pain and suffering is challenging to prove, it is important for victims of accidents to document their feelings and experiences after an accident. Memories fade, and once time passes you may not remember how severely the pain disrupted your life. This is exactly why having a journal or pain log that keeps track of your injuries and how they adversely affect your daily life is critically important. Detailing the type of pain, the frequency of the pain, the duration of pain, the severity of the pain, and the feelings associated with the pain could truly make all the difference when it comes to proving pain and suffering in your case. Continue Reading ›

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A car accident victim typically has many ways to recover for injuries sustained in the accident. Typically a person will file a claim under the theory of negligence, but, depending on the circumstances of the case, an individual may pursue a negligent infliction of emotional distress (NIED) claim as well.

In Seybold v. Clapis, the United States District Court for the Middle District of Florida explained NIED in the context of car accidents. The plaintiffs in the case were a husband and wife, John and Mandy Seybold, who were with their children at a Disney resort at the time of the accident. John Seybold was checking out of the hotel while Mandy Seybold accompanied her children to their vehicle. The children were seated inside the car while Mandy Seybold stood behind the vehicle. At this time, Mandy Seybold was hit by defendant Victor Clapis’ car, which ended up pinning Ms. Seybold between the two vehicles. Mandy Seybold began to scream. Clapis, however, put his car in park, leaving Mandy Seybold stuck between the two cars. Ultimately, a bystander moved the Seybold’s vehicle to free Mandy Seybold. No Disney employees came to the aid of Ms. Seybold.

The Seybolds sued Clapis as well as the Disney resort under the theory of NIED on behalf of John Seybold and their two children. Disney filed a motion to dismiss the claim arguing the Seybolds did not have a viable NIED claim. Continue Reading ›

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As with other types of lawsuits, witness testimony and issues of credibility can make all the difference in a personal injury proceeding. However, a recent case reminded us that mere contradictions and discrepancies in depositions do not rise to the level needed to dismiss a lawsuit on the basis of fraud on the court.

In Suarez v. Benihana Nat. of Florida Corp., the plaintiff, Suarez, and his family were injured at a Benihana restaurant when they were allegedly struck by other customers at the establishment. Suarez and his family had finished their meal and were waiting for their car to be obtained by valet staff when another diner started a verbal fight with Suarez. The altercation ceased for a few minutes until two other individuals came out of the restaurant and joined their friend, the first verbal attacker. The verbal altercation started again and soon escalated into a physical one. Ultimately, Suarez was beaten by three men, each of whom was charged with assault and battery.

The Suarez family later sued the Benihana restaurant, alleging the establishment failed to provide adequately security for its patrons. A trial court granted the restaurant’s motion to dismiss the complaint, stating that the plaintiffs had committed fraud on the court by providing false and misleading information. Continue Reading ›

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The sunny weather in Florida is conducive to lots of outdoor activities, such as rollerblading, bike riding, and walking through the cities. The last thing you want to worry about when you venture out for a brisk walk or a nice stroll is a car hitting you. Unfortunately, the reality is that pedestrians accidents happen frequently throughout Florida. In fact, a recent report published by the National Complete Streets Coalition and Smart Growth America highlights that Florida leads the nation when it comes to dangerous areas for pedestrians. Statistics indicate that 1,539 pedestrians have been killed in South Florida over the past 10 years.

Under Florida law, where sidewalks are provided, a pedestrian must not walk on the road but rather should always use the sidewalk. Where a sidewalk is not provided, a pedestrian can walk on the road but must be cautious. According to a Florida statute, pedestrians have the right of way on marked crosswalks, and they should move upon the right half of the crosswalk. Failure to adhere to these laws can result in a noncriminal traffic infraction, known as a pedestrian violation.

Even when pedestrians take all the right steps and precautions when crossing the street, they can still be injured due to the carelessness of vehicle drivers on the road. Drivers collide with pedestrians due to distracted driving, intoxicated driving, speeding, failing to yield, or simple inattentiveness that causes them not to realize the pedestrian is there. Pedestrian accidents can happen in a variety of ways, including head-on collisions with vehicles, roll-over crashes, and bicycle accidents. Continue Reading ›

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