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When you make the difficult decision to put your loved one in a nursing home, you want to have the peace of mind in knowing that his or her basic needs will be addressed. Unfortunately, in many cases, not only are elders neglected in nursing homes, they are abused by the very people who are supposed to take care of them. The consequences of nursing home negligence and abuse can be devastating for the victim and their families.

Nursing home negligence is a huge problem in the United States. The Florida Healthcare Association reports that there are 682 nursing homes in Florida that are 85% occupied at any given time. The high number of residents in nursing homes signals the sheer number of people who are vulnerable to neglect and abuse.

While every situation is different, some of the common signs of neglect or abuse include: 1) complaints or accounts of verbal abuse; 2) signs of physical abuse, such as cuts, burns, or bruises; 3) odd or bizarre behavior; 4) rapid weight change; 5) bed sores or pressure sores; 6) emotional withdrawal; or any other signs that would signal less than ideal living conditions. Continue Reading ›

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Social media accounts seem to reveal a lot about a person’s life. You may not realize that what you post online could be subject to court analysis in criminal cases and civil cases, such as personal injury claims. It has long been established that persons or entities against whom you file a personal injury lawsuit can ask the court to grant permission to use your Facebook statuses, likes, tweets, photos, comments, videos, and other relevant evidence in a particular case.

In Root v. Balfour Beatty Construction, LLC, a three-year-old boy was the victim of a hit-and-run pedestrian accident near a construction zone. The small child was being pulled in a wagon by his aunt when he ran out of the wagon and across the construction zone before being hit by an automobile. The vehicle driver failed to stop and dragged the boy for a few feet. As a result, the child suffered extensive injuries, including permanent neurological damage.

The automobile driver was arrested and subsequently sentenced to 20 months in prison. Continue Reading ›

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Every year, Florida drivers face a lot of rain. Driving in the rain can be a challenging task. It is important for all Florida drivers to understand basic state driving laws in relation to driving in inclement weather. If you or someone you know has been injured or killed due to someone carelessly driving in the rain or harsh weather, the Law Offices of Robert Dixon can help.  Highly qualified Miami auto accident attorney, Robert Dixon, will personally assess the merits of your case and come up with a strategy for your specific situation. Our firm proudly represents clients throughout South Florida.

In harsh weather, drivers often fail to take the proper steps required by law. For example, under Florida law, drivers are required to turn on their headlights when it is raining. Turning on headlights increases visibility on the roads, which is a critical aspect of safe driving in the rain. Motorcycle riders are always required to have their lights on regardless of the time of day or weather conditions.

As drivers on the roads, we may use our hazard lights for a number of reasons, yet only a few of those reasons are allowed under Florida law. Motorists often turn on their hazard lights when driving in the rain; however, it is illegal to drive with your hazards on while driving in Florida. In fact, hazard lights should only be turned on when a driver is pulled over to the side of the road, or the vehicle has stalled – essentially, hazard lights are only permissible when the vehicle is stationary. In this context, hazard lights can be a valuable tool to alert other drivers of your presence as well as signal that you may need help. The only time a moving vehicle can use hazard lights in Florida is when the vehicle is being driven in a funeral procession. Continue Reading ›

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Good Samaritan laws are designed to offer legal protection to people who administer assistance to individuals who are injured, ill, incapacitated, or in peril. The protection is intended to encourage bystanders to help those who need it without fear of being sued. Good Samaritan laws vary from state to state, and they often depend on the relationship between the victim and the rescuer. These laws are often complex and difficult to understand. If you’ve been involved in a Good Samaritan type of situation, it is best to consult an experienced South Florida injury attorney who can help assess the facts of your case.

Under Florida law, generally there is no duty to aid or assist an injured person. According to the Good Samaritan law, once an individual begins to provide aid to another, a duty forms to exercise due care. Due care, sometimes referred to as reasonable care, is defined as acting in a manner that a reasonably prudent person would act under the same or similar circumstances. The reasonable person standard is a legal creation. It is an objective test.

According to the Florida Good Samaritan Act, “any person, including those licensed to practice medicine” who willingly, and in good faith, provides emergency care or treatment to another in an emergency situation shall not be liable for any civil damages as a result of such aid or treatment. Continue Reading ›

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Property owners in Florida have a legal obligation to keep people on their land safe. This includes commercial business owners, property managers, and landlords as well as all other types of property owners. When property owners are negligent in providing basic security for the premises, they can be held liable if someone is injured or personal property has been stolen or damaged. The rationale is to prevent foreseeable harm to patrons, customers, or residents on the property.

Negligent security torts typically assign fault to a security provider. Examples of security providers are security guards on a particular site, apartment or condominium doormen, bouncers at a nightclub, and actual property owners. The lawsuit alleges that the security provider failed to do its job by failing to properly secure the premises.

Negligent security cases often arise when someone is mugged, assaulted, sexually assaulted, or otherwise harmed on a property because of insufficient security. In these instances, the victim can sustain serious physical and emotional injuries. Even if the perpetrator of the crime escapes and cannot be held liable, the victim can bring a lawsuit against the property owner if the property owner did not provide basic safety measures that could have prevented the harm. For example, the owner of a nightclub has an obligation to hire sufficient security staff in case a fight breaks out. If the owner fails to do so and someone is injured on the premises, the victim can bring a claim if he or she can show that additional security would have been able to stop the fight and prevent or mitigate the harm. Continue Reading ›

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While a person typically has no duty to protect people from third-party harm, there are certain situations in which the lines blur and the rules become tricky. The case of Dorsey v. Reider illustrates such a situation.

In 2007, three men by the names of Dorsey, Reider, and Noordhoek were drinking at a neighborhood bar in Florida. All three men had consumed enough alcohol that they were over the legal limit. After some time, Reider became loud and boisterous, saying he wanted to fight everyone in the bar. Upon observing Reider’s behavior, Dorsey uttered a curse word at Reider and left the bar. Reider and Noordhoek followed Dorsey demanding an explanation for why Dorsey had used such language against Reider.

Dorsey proceeded to walk, ignoring the two men. Dorsey’s route took him between Reider’s truck and an adjacent car. As Dorsey tried to keep walking, the two men managed to trap him between the vehicles. They continued to harass Dorsey and prevented him from leaving. The altercation escalated, and Noordhoek reached inside Reider’s unlocked truck and retrieved a tomahawk, a tool that resembles an axe used in camping, bushcraft, or land-clearing situations. Upon seeing the tomahawk, Dorsey tried to escape the scene by pushing Reider, but Reider did not let him leave. A few seconds later, Noordhoek hit Dorsey over the head with the tomahawk, rendering him unconscious. Both Reider and Noordhoek immediately fled the scene. Continue Reading ›

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Every year, tens of thousands of children are injured or killed due to negligent accidents. According to the Centers for Disease Control and Prevention (CDC) more than 12,000 children die every year due to accidental injury. This alarming number impacts not only the children that lose their lives, but the families that are left behind to pick up the pieces.

Generally, a person under the age of 18 is ineligible to file a lawsuit. Due to this limitation, it is typically a minor’s legal guardian who must bring the lawsuit on behalf of them. If you are the parent or legal guardian of a child who has been killed or injured, you may be the only one who can seek justice for that child. Florida has specific procedural requirements that the attorney on the case must follow. Therefore, picking a qualified Florida attorney to represent your case can make all the difference. Common Causes of Accidents Involving Children Serious injuries can be a physically and emotionally traumatic experience for a child. Oftentimes, families of injured children are left to deal with the financial burden that generally accompanies such accidents. While there are a number of ways a child can sustain an injury, some of the common causes are as follows: Continue Reading ›

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In Christensen v. Bowen, the Florida Supreme Court recently ruled that an individual whose name is on the title of a vehicle may be vicariously liable for damages even if he or she did not use or operate the vehicle. Vicarious liability, also known as respondeat superior, is the legal principle that imposes liability on an individual or a company for the negligent acts of an employee. Put another way, it is holding an individual or company liable for the actions of a third party that the individual or company had the right, ability or duty to control.  For example, a truck driver’s employer may be vicariously liable if the driver negligently causes an accident.

Here, Mr. Christensen bought Mrs. Christensen a car while on the verge of divorce. The vehicle was titled in both of their names. As part of the divorce, Mrs. Christensen kept the car, but Mr. Christensen’s name remained on the title. A few years later, Mrs. Christensen negligently caused a serious car accident that killed the driver of the other car. The victim’s family brought a wrongful death suit against both Mr. Christensen and her.

At trial, there was no dispute that Mr. Christensen did not maintain any control over the car at the time of the accident. He did not have a key to the car, he did not drive the car, and he had no access to the car, since he and his wife had begun living separately after the divorce. However, his name was still on the title, thus making him a co-owner of the vehicle. Continue Reading ›

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Every year thousands of Americans are killed or injured in alcohol related automobile accidents. The Foundation for Advancing Alcohol Responsibility reports that in 2012 there were 697 alcohol-impaired driving fatalities; 55 of these were under 21 alcohol-impaired fatalities. Miami personal injury attorney Robert Dixon understands that drunk driving is a serious matter. Our team works aggressively on behalf of victims, and families of victims whose lives have been adversely affected by drunk driving.

The Legal Limit

Driving while drunk is a criminal offense. Those found driving while intoxicated are charged with a DUI which stands for “driving under the influence.” Whether or not you will be charged with a DUI depends on your blood alcohol level. The legal limit of blood alcohol content in Florida is .08.

The Legal Standard for Liability

As with other automobile accidents, liability will likely be based on the theory of negligence or wrongful death. A claim of negligence requires showing that the party that caused the accident acted in a negligent manner. Negligence occurs when a person breaches their duty to exercise reasonable care. An individual acts with reasonable care when they act how a reasonably prudent person would act under similar circumstances. Continue Reading ›

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In Estate of McCall v. Unites States of America, the Florida Supreme Court struck down the cap on noneconomic damages in medical malpractice lawsuits ruling it a violation of the State Constitution’s Equal Protection Clause.

Noneconomic damages typically consist of nonmonetary damages the victim has suffered such as pain and suffering, physical impairment, mental anguish, loss of consortium, loss of enjoyment and other losses that do not directly relate to pecuniary losses.

In 2003, the Florida legislature had passed a statute limiting the noneconomic damages plaintiffs could recover in medical malpractice cases. Under the statute, claimants could recover $500,000 or $1,000,000 in certain circumstances such as a wrongful death case. Continue Reading ›

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