South Florida Injury Lawyer Blawg

Florida Appellate Court Rules in Plaintiff’s Favor in Library Slip and Fall Case

Published on: October 16, 2019 | by Law Offices of Robert Dixon

A Florida appellate court recently issued a ruling in favor of a plaintiff in her premises liability lawsuit against the Orange County Public Library System (the “Library”). The plaintiff filed strict liability and negligence claims against the Library after she suffered injuries when a bottom drawer of a copier unexpectedly popped out and caused her to trip. The plaintiff claimed that the Library was strictly liable based on their ownership of the defective copier. She also claimed the Library was negligent under premises liability. She filed an appeal after the trial court dismissed her claims based on her failure to state a cause of action. The appellate court addressed Florida’s pleading requirements in negligence lawsuits and concluded that the plaintiff met the state’s requirements, allowing her case to proceed towards trial.

When a Florida slip and fall victim files a premises liability lawsuit against a business owner, the plaintiff must provide the factual basis of their claim in their complaint. There are two pleading systems in the United States, fact and notice. While federal claims follow the notice pleading system, Florida state claims require fact pleadings. A plaintiff’s complaint must comply with the state’s fact-pleading requirement and include a “short and plain” statement of the facts that show that the plaintiff is entitled to relief.

In Florida negligence lawsuits, the complaint must allege:

Appeals Court Certifies Question to Florida Supreme Court Regarding Video Footage in Summary Judgment Motions

Published on: October 16, 2019 | by Law Offices of Robert Dixon

Recently, a state appellate court issued an opinion certifying a question to the state’s high court after a plaintiff appealed a lower’s court decision to grant the defendant’s motion for summary judgment in a Florida car accident. According to the court’s opinion, the plaintiff died after rear-ending the defendant’s Freightliner truck. Evidently, both motorists were driving on a six-lane Florida highway towards an intersection. The plaintiff rear-ended the back of the Freightliner, pushing the truck forward into another vehicle. The plaintiff died because of the injuries he suffered in the accident.

The plaintiff’s estate filed a personal injury lawsuit against the Freightliner driver, alleging that he negligently switched lanes before the accident, ultimately causing the rear-end. The defendant testified that he was traveling in the center of the three lanes, and he felt the pickup truck rear-end him while he was approaching the intersection. The defendant presented video evidence from his dashcam to substantiate his claims. However, the plaintiff’s eyewitness and an expert witness both testified that the defendant quickly changed lanes before the collision.

The defendant argued that under Florida law, motorists who rear-end another car are presumed negligent. Moreover, he claimed that the defendant’s video footage flatly contradicted the plaintiff’s expert and eyewitness testimonies. Ultimately, the trial court granted the defendant’s motion for summary judgment. On appeal, the plaintiff argued that the trial court erred in granting summary judgment because their eyewitness and expert witness created a genuine issue of material fact.

Florida Court Reverses Summary Judgment in Case Involving Claim of Governmental Immunity

Published on: October 16, 2019 | by Law Offices of Robert Dixon

A Florida man who was injured in a motor vehicle accident successfully appealed a final summary judgment motion entered by a lower court in favor of the City of Coral Gables. The case stemmed from injuries that the plaintiff sustained when his motorcycle collided with an SUV at an intersection. The plaintiff testified that he was traveling northbound when he noticed the SUV approaching in the southbound lane. The SUV driver was making a left turn when the plaintiff collided with the other driver’s SUV. The plaintiff explained that he could not stop in time to avoid the collision. The driver of the SUV claimed that recently planted palm trees with wooden supports at the end of the median obstructed his view of the motorcyclist.

The motorcyclist sued the City alleging, among other issues, that the City created a dangerous condition by negligently designing the intersection and planting the palm trees. The plaintiff argued that the City was liable because the trees and their wooden supports obstructed a driver’s view of oncoming traffic. The City countered that it should not be liable because the placement and wooden supports were a planning decision and not an operational decision; therefore, protected by governmental immunity.

Governmental entities cannot face liability for many of the day-to-day activities carried out by government employees. However, certain exceptions allow individuals to file a tort action against a Florida government agency. For governmental tort liability, the injury victim must be able to establish that the government entity owed them a statutory duty of care. The government agency will be liable only to the same extent that a private person would be under similar circumstances. Finally, certain discretionary functions are immune to lawsuits.

South Florida Couple Killed in Motorcycle Crash

Published on: October 3, 2019 | by Law Offices of Robert Dixon

Motorcycle mishaps can result in severe injuries. If you sustained an injury in a motorcycle crash, you should not delay in calling a trusted Miami motorcycle accident attorney who understands this area of law. Our highly capable Miami motorcycle collision lawyers are committed to protecting your rights at each and every stage of the case.

A couple from Weston was recently killed in a motorcycle accident after a tire blew out on US 27. According to a friend who had been to dinner with them on the night of the tragic accident, the couple “just completed each other.” The man, 55, and woman, 57, had been together for over 10 years. Information from the Florida Highway Patrol (FHP) reveals that the motorcycle’s tire blew out around 9:45 p.m. last week. When this happened, the rider lost control of the motorcycle and both he and the passenger were thrown from the vehicle and stuck by at least three other automobiles. FHP is still investigating the crash.

Sadly, motorcycle accidents in Florida are not a rare occurrence. According to the National Highway Traffic Safety Administration’s published data, 586 people died in motorcycle accidents and related injuries in Florida in 2016. About 555 were rider fatalities and approximately 78 percent of accidents involved a blood alcohol concentration of 0.01 percent or higher.

Two Killed in Osceola County Crash Involving Dump Truck

Published on: October 3, 2019 | by Law Offices of Robert Dixon

Dump truck accidents, like any other type of accident, can change your life in an instant. With cargo inside, dump trucks can weigh over 50 tons and can be incredibly dangerous especially when moving at high speeds. If you have been injured in a truck accident, you must contact our seasoned Miami truck accident lawyers right away. We understand the unique challenges these cases bring up, which can be the difference between winning and losing in your case.

Two people died in an Osceola County accident earlier this week after a dump truck jumped a median on US Highway 192 and entered the lane with oncoming traffic. The Florida Highway Patrol (FHP) recently released the identities of the two killed in the crash. One of the victims was a 19 year-old woman while the other was a 48-year-old man. Tragically, both were found dead at the scene.

The driver of the empty dump truck was a 50-year old who was driving on the highway around 7:00 a.m. when he approached a road. He failed to slow down while approaching and then cut across a raised median and then drove into traffic headed east. The 48-year-old victim was riding a motorcycle and struck the back of the truck. The truck then crashed into a Honda SUV being driven by the 19-year-old woman. The driver of the dump truck was not injured. The case is still being investigated and charges against the driver are pending.

Florida Leads the Country When It Comes to Road Rage Involving Guns

Published on: October 3, 2019 | by Law Offices of Robert Dixon

Road rage puts everyone on the road at risk of harm. All motorists have a responsibility to follow the rules of the road and make safe decisions behind the wheel. If you were hurt or lost a family member due to an accident involving road rage, our hard working Miami injury attorneys can assess your situation and offer you a range of available legal options.

Florida law defines road rage, or aggressive driving, as at least two of the following behaviors: excessive speeding, changing lanes or improper passing, tailgating, failing to yield, and failing to follow traffic signs. Road rage differs from aggressive driving in that road rage may escalate into a criminal offense, such as an assault or incidents involving weapons.

Road rage typically stems from a driver’s uncontrolled rage due to the actions of another driver. Unfortunately, the problem seems to be getting worse. According to the National Highway Traffic Safety Administration, deadly car accidents linked to aggressive driving spiked almost 500 percent in 10 years, from 80 in 2006 to 467 in 2015. In addition, Florida has had more road rage incidents involving guns than any other state in the nation. According to data from the Gun Violence Archive, between the years of 2014 and 2018, Florida had 277 incidents, the highest in the country, followed by Texas (220) and California (157).

Jury Rules that Pensacola Nursing Home Was Negligent in Deadly Fall Case

Published on: October 3, 2019 | by Law Offices of Robert Dixon

Florida nursing home facilities and medical professionals have a responsibility to provide competent care to all residents in the facility. Unfortunately, this does not always happen. A shocking number of nursing home residents are victims of neglect and abuse. If your loved one has been hurt while in the care of a nursing home, our skilled Miami nursing home negligence attorneys can help. For years, we have helped South Florida clients recover the compensation they need in their personal injury cases, and we can help you as well.

In April of 2012, a woman fell while in the care of a nursing home facility in Pensacola, causing a blood vessel to rupture and blood to start collecting in parts of her brain. Shortly thereafter, the woman lost her life. In 2013, the woman’s children sued the nursing home’s parent company and it’s management company. The lawsuit alleged that the nursing home had failed to follow its own care plan in an effort to prevent the woman from falling. Almost 6 years afterwards, a jury concluded that the fall killed the woman, In addition they jury also found that the nursing home was negligent in its care; specifically, in allowing the fall to happen in the first place. As such, the woman’s children were given an award of $200,000.

Between the time the lawsuit was filed and the jury’s decision, the parent company has been sold and is now operated by an entirely different company. One of the woman’s children has passed away. The management company exited the personal injury suit by direct verdict — an equivalent of a dismissal — due to a lack of evidence which directly connected its operations within the facility to the woman’s fall. As such, if there is no appeal, the nursing home’s parent company is the only party obligated to compensate the woman’s surviving children.

Man’s Attempt to Pass in No Passing Zone Leads to Fatal Collision

Published on: October 3, 2019 | by Law Offices of Robert Dixon

All motorists have an obligation to obey the rules of the road, including passing only when it is legal and safe to do so. If your loved one was killed in an accident caused by someone improperly passing, you have legal options. We know that the untimely death of a loved one is a devastating experience, which is why we will advocate for you in a sensitive yet competent manner. Wrongful death cases are complicated so having the right attorney on your side can be the difference between winning and losing a case. As highly skilled Miami car accident attorneys, we are proficient in Florida wrongful death law and can help families determine who may be at fault and the degree of their liability.

A 26-year-old woman died following a car accident in September, 2019. The crash took place on State Road 80 in Hendry Country. Florida Highway Patrol Law (FHP) says a man and six-year-old boy were driving east on a curve in the road while the 26-year-old woman was traveling west. FHP explained that the man tried to pass slower traffic in a no passing zone. Both he and the victim tried to avoid a crash, swerving towards the shoulder but ended up hitting each other. Tragically, the woman died at the scene while the man suffered severe injuries and was rushed to the hospital.

If a person dies as a result of the negligence of another person, certain surviving family members of that deceased person may be able to sue for wrongful death. Under Florida law, a wrongful death occurs when a victim loses his or her life as a result of someone else’s misconduct or gross negligence. To prove negligence took place, the plaintiff bears the burden of proving the following elements by a preponderance of the evidence:

Florida Man Killed in Single Vehicle Accident

Published on: October 3, 2019 | by Law Offices of Robert Dixon

We tend to assume that car accidents always involve two or more vehicles but this is simply not the case. Many accidents are single vehicle accidents that, as the name suggests, only involve one vehicle. If you have been hurt in a single vehicle accident, do not assume that you don’t have rights. Our Miami auto accident attorneys understand how to scrutinize your case to determine your eligibility for compensation. You can rest assured that we will not leave any stone un-turned when devising a legal strategy to protect the rights of our clients.

A Florida Highway Patrol (FHP) report indicates that a Panama City Beach man was killed in an accident in which his truck flipped over in Walton County. FHP says the accident took place on U. S. Highway 98 last month. According to law enforcement, a 28-year-old man was traveling west when his car veered onto the shoulder of the road. Even though the driver tried to regain control, his vehicle started rotating counter clockwise and ultimately flipped over in the middle of the highway. Tragically, the man suffered serious injuries and was rushed to the hospital where he later died.

After single vehicle accidents, it is often assumed that the driver is at fault since no other vehicle is involved in the crash. However, this is not always true. Many different factors outside of your control can cause or contribute to these accidents or make them worse, including but not limited to:

Improperly maintained roads (i.e., potholes);
Animals on the road;
The negligence of another driver (i.e., a driver cuts you off and you swerve to avoid a collision but end up crashing into a wall);
Flying objects (i.e., debris falling off a truck);
Defective car parts (i.e., brakes failing); and/or
Poorly placed signs.

Tragic Accident Sends SUV Plunging into Tampa Bay

Published on: September 19, 2019 | by Law Offices of Robert Dixon

When an SUV collides with a smaller vehicle, it can result catastrophic injuries and even fatalities for those involved. If you have been injured in an SUV accident, please contact our seasoned Miami SUV accident lawyers immediately. We can assess the facts of your case and help you understand your legal rights and options. You can take comfort in knowing that we are going to work diligently to get you the maximum amount of monetary compensation possible in your case.

Rescue crews recently found an SUV that plunged off a bridge into the Tampa Bay after being involved in an accident. The Florida Highway Patrol (FHP) stated that the SUV was recklessly going south on the bridge when it struck a pick up truck, flipped over numerous times, crashed into the concrete barrier, rolled over and went down in the water. Specifically, the SUV was tailgating and changing lanes erratically immediately before the accident took place. While divers found and pulled the SUV out of the water, they have not been able to locate the occupants, nor were any occupants seen emerging from the water. The FHP states that this is only the second time in ten years an automobile has gone over the bridge and into the water.

Negligence is perhaps the most common cause of motor vehicle accidents, including SUV crashes. Negligence takes place when an individual does not use reasonable care while driving, causing injury or death to another. In other words, negligence refers to a person’s failure to do something that a generally prudent person would have done in a comparable situation. To win a personal injury lawsuit rooted in negligence, the plaintiff must show the following elements: i) the defendant owed the plaintiff a duty of care; ii) the defendant breached the duty of care owed to the plaintiff; and iii) the defendant’s breach was a direct cause of the SUV accident and resulting harm.