Florida Injury Lawyer Blog

Experts are worried about the higher-than-average number of Florida boating accidents this year. The state recently saw its 25th water fatality of the year when a Sanford man was involved in a fatal boating accident on St. Johns River this past week. The man’s personal watercraft collided with another boat, and Christopher J. Lydon, passed away from the injuries. Although Lyndon was given immediate medical assistance, he was pronounced dead at the scene.

Florida Fish and Wildlife Conservation Commission (FWC) investigators are still investigating the accident but are pointing to this latest incident as part of a growing trend. FWC boating law administrator Capt. Richard Moore has stated that if current rates of boating accidents continue, this year could be one of the most deadly years for boating accidents in the last 15 years.

Reports suggest that a majority of boating accidents – this year as in previous years – are caused in part or in whole by boat operator inattentiveness. Five of this year’s boating accident fatalities occurred in the state’s northeast area and in addition to the fatalities there are at least two people missing and presumed dead. In addition, a number of personal injuries have occurred from boating accidents this year.

Capt. Moore has suggested that it is imperative that boaters practice extra caution. The peak boating season has not even begun and there are already many fatalities. Moore states that boaters can dramatically reduce accidents and accident-related injuries and deaths simply by taking two precautions:

*Stay alert. Accidents can be prevented if boaters remain aware of their surroundings and are prepared to react quickly to any surprises.

*Wear life jackets. According to Moore, when accidents do occur, wearing a life jacket correctly can help prevent drowning.

According to authorities, FWC officers will be on the water across Florida’s waterways during the entire boating season. These officers will be watching for potential hazards and will be enforcing laws. The FWC is also encouraging boaters to take boating safety classes, which can teach boat operators the basics of staying safe on the water.

Yesterday, we reported about the frightening statistics concerning summertime childhood injuries. One excellent way to prevent these injuries, as we pointed out, is to wear a bicycle helmet while bicycling. The advice is not just for kids. According to the Centers for Disease Control, bicycling is the third most popular form of recreation for both adults and children in this country. Unfortunately, this form of recreation is also a leading cause of injury each year.

According to the Centers for Disease Control, bicycle accidents cause brain injuries that cause more than 150 deaths and 450,000 injuries among children in the nation annually. Only 24% of US child bicyclists wear helmets regularly, even though this has been proven to be one of the best ways of preventing serious brain injuries and other personal injuries in the event of a bicycle accident. The CDC has reported that more than 75% of bicycle-related deaths among children could be prevented if all children wore helmets each time they rode a bicycle.

Children who use a proper helmet while bicycling, skateboarding, or in-line skating can dramatically improve their chances of surviving any injury. There are many helmets bicyclists can choose from:

*No shell: These helmets have a soft-shell that is covered with a soft cloth or Lycra.

*Hard Shell: These helmets have a crushable inner shell and a hard outer shell. The two are separable in most cases. These helmets can be heavy and so may not be right for every bicyclist.

*Thin Shell: These helmets have two shells which are fused together. The inner shell is a crushable foam layer while the outer shell is made of thin, hard semi-rigid plastic.

Once you have chosen the right type of helmet, it is important to ensure a good fit to maximize protection. When buying a helmet, it is important to try on the helmet before buying it. A well-fitted helmet will cover the sides and back of the head as well as the crown and forehead. Any helmet you buy should meet the ANSI Z90.1 or Snell B-90 standard – this ensures maximum protection from brain injury.

When trying on a helmet, use the fitting layer of foam inside the helmet to obtain the right fit. Dot his by fitting the pads all the way around. Adjust the straps until the chin strap is snug against the chin and the side straps meeting in a V below the ear. It should be easy to insert only two fingers between the chin straps and the chin. A properly fitted helmet will be snug but not tight once the straps are fastened. The helmet should not pinch or hurt the head, but should also not move front-to-back or side-to-side.

Spring in Florida brings with it clear skies and warm days. Just around the corner, summer, with its days of ice cream and long nights is waiting. That means that both motorists and parents need to be alert to the fact that in a few short weeks children will be bicycling, skateboarding and skating on Florida’s streets, often only a few feet or inches from fast-moving vehicles.

Children with bicycles can be a cause of worry for parents. According to the National Highway Traffic Safety Administration, an average of 750 bicyclists were killed annually between 1995 and 2000. According to The Safe Kids U.S. Summer Safety Ranking Report, 2,143 children died in the summer months (May 1st to August 31st) in 2004 due to largely preventable injuries. This averages out to about 17 children a day.

When it comes to summer injuries, bicycles are a big factor. According to The Safe Kids U.S. Summer Safety Ranking Report, preventable injuries to children spike seriously in the summer. Bicycle injuries can lead to paralysis, brain damage, spinal cord injury, and other serious disabilities. Worse, the report finds that bicycle accidents are the second most common cause of childhood death and injury during the summer months. In fact, childhood injuries and deaths related to bicycling increase 45% in the summer over the annual monthly average during the rest of the year.

Based on the findings of this report, Safe Kids Worldwide has suggested that parents take some precautions when school lets out. Parents can reduce the possibility of bicycle injuries by:

*Supervising. Parental or adult supervision can reduce childhood bicycle accidents and can ensure that quick help is available in case an accident does take place.

*Setting boundaries. Children who play in their own backyards are close to help in case they need it. Plus, Florida has many biking and hiking trails that can take young bicyclists off the roads and away from motorists.

*Choosing the right helmet. According to Safe Kids Worldwide, a properly-fitted helmet has cut the risk of brain injury by up to 88 percent. If you are not sure what sort of helmet is right for your child, speak to a professional.

*Staying aware of unsafe products. Product recalls and reports of defective products are common today. Make sure that your child is not riding a bike that has been reported unsafe and is not wearing a helmet that has been recalled.

*Teaching children the rules of the road. Make sure that your children know how to ride bicycles safely.

Mark V. Rosenker, Chairman of the National Transportation Safety Board (NTSB) recently attended an aviation conference, where he again brought up the NTSB’s concern with older aircraft. Rosenker pointed out that many aviation accidents in recent years have been attributed to aging aircraft that have not been properly maintained. He also pointed out that airworthiness programs implemented at each stage of the service life of aircraft can prevent many of these accidents.

Rosenker gave a speech at the California conference. In his speech, he pointed out the difficulty in even defining an aircraft as old. Age of an aircraft can be determined by a number of factors, and actual chronological age is only one of these factors. The number of flight hours, the environment in which a plan has flown, and the number of flight cycles can also all affect the age and safety of an aircraft. In addition, some parts of a plan may age at a different rate. According to Rosenker, all these factors must be considered in order to keep planes safe.

Airplane accidents cause serious injuries and fatalities each year. Personal injuries ranging from spinal cord and brain injuries to burns and even death are all caused each year by aviation accidents, and some of those accidents, according to Rosenker and the NTSB, are caused by aging aircraft. By creating a viable strategy to keep older planes safer, the NTSB believes it can reduce accident rates.

Aviation accidents involving older aircraft often lead to complicated investigations, in part because some older planes have incomplete or unknown service histories. Military aircraft, surplus planes, and other aircraft may simply not come with enough information to create safe flying. In addition, many older aircraft have no inspection program. According to NTSB, many older planes continue to be used beyond their useful lifespan.

As a result of the NTSB's research into the causes of the airplane crash of Aloha Airlines Flight 243 in 1988, the FAA developed an Aging Airplane Program in 1991. The FAA has documented and researched many accidents involving older planes and has found that using commercial planes that are 50 to 60 years old, in some cases, means using planes that are not certified by today’s standards. Rosenker’s speech in California this past week called for mandatory records reviews, airplane inspections, and other regulations that would ensure that all passengers would stay safe – whether flying on an older plane or a newer one.

When Florida was first settled, the region was known for its natural beauty. The area had plenty of animals and plants. Today, even though the state has a large population, there are still many plants and animals in Florida, and animals can cause a real problem when they share roadways with humans in cars. Each year, Florida attorneys see many car accidents and lawsuits brought about by car collisions involving animals.

In 2003, car accidents involving animals caused 210 fatalities and many more personal injuries, brain injuries and spinal cord injuries. Three-quarters of these car accidents involved deer. Across the country, there are more than 1.5 million car collisions involving deer alone, reports the Insurance Institute for Highway Safety. Deer themselves lead to over one billion dollars in vehicle damage.

In addition to deer, small rodents, moose, and even birds can cause car collisions when they distract drivers or collide with a vehicle. In addition, drivers sometimes cause car accidents when they swerve to avoid a pet. Recently, a panther was found dead in Polk County, Florida, apparently killed by a collision with a car. The panther was the seventh one to be killed this year.

As developers build into spaces that previously were home to animals, more car crashes seem to result as the animals are pushed onto roads used by humans. There are several things that Florida drivers can do to avoid car collisions with animals:

*Obey speed limits. At night, when visibility is low and many animals are more active, drivers should drive below the limit, especially in rain, fog, or other poor weather conditions. Speeding can contribute to fatal collisions by reducing response time.

*Be especially careful around rural or wooded areas. These tend to have a higher population of animals.

*Be aware of your surroundings. Deer crossing signs and other road signs can show you where deer or other animals are more likely to cross. Slow down and stay extra alert in these areas.

*If you see an animal in the distance, prepare what you might do if it were to jump out in front of your car. Slow down and proceed with caution to avoid surprise.

*Consider taking extra driving courses or defensive driving classes to improve your skills. Many of these classes can show you how to stay in control of your car even when the worst happens.

*If you are surprised by an animal jumping in front of your car, try to maintain control of your vehicle. You are more likely to be hurt if you swerve off the road and you may cause a serious car accident if you veer into oncoming traffic.

Sgt. D.A. White of the Economic Crimes Unit of the sheriff's office has reported that an investigation has been launched by the Collier County Sheriff's Office and the FBI. The investigation aims to answer questions about asbestos removal on Marco Island. City Manager Bill Moss was informed of the investigation this past week by letter. According to Sgt. White, investigators will be looking at all city contracts pertaining to removal of asbestos.

At the heart of the investigation is a letter sent to the US attorney’s office, the sheriff’s office, and the office of the Florida State Attorney. The letter mentions that park property on Marco Island contains asbestos after a contractor hired by the city to remove asbestos crushed concrete pipe and asbestos on park property. The letter goes on to charge misconduct and negligence by the city and contractor for the incident.

The allegations Stem from the fact that the city permitted Quality Enterprises, the contractor hired for the Collier Boulevard Reconstruction Project, to use park property for materials and work. Residents allege that the company crushed asbestos on the property and left pieces of the toxic material behind. They further allege that Moss and Police Chief Roger Reinke suggested that the asbestos was planted in the park by island residents. Marcos Island has formally stated that it will fully cooperate with investigators.

This is not the first case of a lawsuit stemming from asbestos removal in the US and this new case raises an interesting point: when most people seek damages for asbestos-related personal injury, they seek damages from contractors and manufacturers responsible for installing the toxic materials in buildings. In some cases, lawsuits are launched because employers are aware that asbestos is present in the workplace but take no steps to protect employees.

However, contractors hired to remove asbestos can also cause personal injury that results from exposure to asbestos. Illegal or incomplete asbestos removal can actually stir up toxic asbestos fibres that can cause serious illness later on. Mesothelioma, the cancer that is caused by asbestos exposure, takes decades to appear, so it may not always be evident that asbestos was incorrectly removed.

If you work or live in a building that contains asbestos materials, it is important to hire a qualified asbestos consultant to get advice. It may be best to have a second opinion and to hire someone who has no vested interest in any asbestos removal – in some cases, leaving asbestos in place can be safer. If a qualified expert advises you to remove asbestos, you must hire a certified asbestos abatement contractor to properly remove all affected hazardous materials according to OSHA regulated practices. All asbestos material – including fibers -- must be removed in order for the area to be deemed safe.

If you or a loved one have developed Mesothelioma due to asbestos exposure, it is important to seek the help of qualified Florida attorneys. Experienced Florida lawyers may have the investigative experience to determine whether asbestos materials or asbestos removal caused the problem, and this can help ensure that you get the help you are entitled to bylaw.

Attorneys in Florida can only launch wrongful death suits on behalf of clients when cases follow the guidelines set out in the Florida Wrongful Death Act. The act only allows specific people to seek damages for a wrongful death. These persons include:

*A surviving spouse. A spouse may seek damages for loss of companionship, for pain and suffering and for lost services and economic support. This means that any income the deceased could have made in a lifetime and any household services or tasks the loved one would have completed are taken into consideration when determining wrongful death suits. If a spouse paid funeral or memorial service costs, the spouse may be able to sue for these costs to be covered as well.

*A dependent or partly dependent blood relatives. If the person who has passed on supported or helped to support grandchildren, parents, siblings, children, or even adopted children, those persons can launch a wrongful death lawsuit to seek compensation for the support lost.

*Surviving children of the person who has passed on. Any surviving children under the age of 25 can recover damages for lost support but also for lost parental guidance, loss of companionship and for suffering.

*The estate of the person who has passed on. It is possible for an estate to seek “lost net accumulations of the estate” damages, which are damages against any assets which the loved one may have acquired during their lifetime. When an estate files a wrongful death suit, it is important to hire qualified Florida attorneys, as these cases require expert testimony to prove what sort of assets a person could have reasonably earned over a remaining work-life expectancy. If a wrongful death was caused by medical malpractice, the estate can also usually seek damages to cover medial bills attributed directly to the medical negligence.

Some groups point out that the Florida Wrongful Death Act may not fully protect the elderly and young, unmarried adults. Cases of nursing home and elder abuse are rife, but if an elderly loved one passes away due to the negligence of a nursing home or elder care facility, the estate may not be able to bring a lawsuit under the Florida Wrongful Death Act, if the children of the elderly person are over 25 years of age and if the person has no surviving spouse. At most, a family devastated by their loss might be able to sue for medical costs and funeral expenses. Similarly, independent adults who are unmarried and have no children may also fall prey to medical malpractice, but their devastated families may not be able to face those responsible in court.

Continue reading "The Florida Wrongful Death Act And You" »

Both Florida attorneys and the Florida Division of Workers' Compensation can provide answers about workplace injuries and insurance coverage for injured workers. If you have been injured in an accident at work, though, you may want some basic information about what will happen and what you can expect from workers’ compensation.

If you have been injured at work, you should seek medical attention right away. You should also report your injury as soon as possible. According to Florida Statutes Section 440.185 , you should report your injury no later than 30 days from the date of your injury or your claim may be affected. Your employer should report the injury promptly, no later than seven days after they first become aware of the injury. Within three days of your employer reporting the incident, the insurance company will send you a brochure explaining your rights and responsibilities under workers' compensation law.

If you have not received a brochure from the insurance provider or if your employer refuses to contact the insurance company, Florida Statutes Section 440.185 allows you to report the injury directly to the insurance company. You can also seek help from the Employee Assistance Office (EAO) at (800) 342-1741. However, if your employer is trying to deny your injury or is refusing to report the injury, your best option may be to contact a qualified Florida attorney. The law team at Flaxman & Lopez has extensive experience in workers’ compensation cases and can help represent you.

According to Florida Statutes 440.13, workers’ compensation should cover your medical care, treatment, and any prescriptions that are related to your workplace injury. Your medical bills should be sent to your employer’s insurance. Under Florida law, you should also be compensated for time lost from work if your injury extends over 21 days. In a less serious injury, you may not be paid for the first seven days of disability.

Usually, your workers’ compensation benefit check will arrive bi-weekly and will be 66 and two-thirds percent of your average weekly wage. This income will not be taxed and you should receive your first check within 21 days from the time you reported your injury to your employer.

If you are having trouble getting the benefits you are entitled to or if you are not receiving your check, you can speak to an adjuster or claims representative at the insurance company or you can call the EAO. However, it may be a savvy idea to contact qualified Florida attorneys who can represent your case and can speak to the insurance company on your behalf. Also, keep in mind that under Florida Statutes Section 440.205, it is illegal for your employer to fire you because you have filed or are trying to file a workers' compensation claim. If you are having problems with your claim or if you are being terminated from your job because you are trying to file a claim, contact qualified Florida lawyers to help you.

According to the National Ag Safety Database, farm machinery is a major contributor to agricultural accidents that lead to spinal cord injury each year. Studies show that tractor overturns, falls, and all-terrain vehicles (ATVs) are the most common causes of spinal cord injuries on farms. In agriculture, spinal cord injuries are among the most serious personal injuries that occur. Many of these injuries lead to paralysis and even death.

Tractors pose a key hazard on farms. Defective tractors or improper use can result in rollovers or accidents in which the operator is thrown from the machine. Spinal cord injuries can occur if someone becomes trapped under a tractor as well. In addition to tractors, simple farm work such as farm maintenance or chores can result in falls that can lead to spinal injury. Research has proven that falls from as little as three feet can result in injury to the spinal cord.

Agricultural workers are using all-terrain vehicles (ATV's) on farms more often today and these vehicles are still another source of spinal injury and brain injury in the farming industry. Riding ATVs at high speeds, using ATVs on very rough terrain and not adequately protecting the operator are all common causes of ATV accidents.

For farmers, spinal cord injuries cause serious problems. The medical costs of spinal injuries often exceed what farmers can pay. The recovery period for these injuries tends to be lengthy and in most cases, farm chores and tasks must be left undone during the recovery period, which can affect profits for many months to come. In cases of spinal cord injury, agricultural workers must either hire additional workers at their own expense or must relinquish some of their income by not planting crops or completing other farm tasks.

According to the National Ag Safety Database, there are several things that agricultural workers can do to reduce the possibility of spinal injuries:

*When on ATVs or tractors, always use the provided seat belts and roll bars.
*Never overcrowd farm vehicles
*Always start tractors and other farm vehicles from the seat, not from the ground.
*Use ATVs only on known terrain and at reasonable speeds. When operating ATVs, avoid hills and other unsafe areas and always wear protective clothing (including a helmet).
*Stay alert when working and avoid work when excessively tired. Use caged ladders and always only use ladders on an even surface. Wear sturdy shoes and protective clothing when doing any sort of agricultural work.
*Enroll in a tractor safety certification course.

Continue reading "Are Florida Farmers At Risk for Spinal Cord Injuries?" »

For the elderly, slip and fall or trip and fall accidents can be fatal. Each year, across the United States, more than one third of all adults 65 years of age and older have at least one fall. Unfortunately, falls are the leading cause of injury deaths among older adults. According to the CDC, more than 13 700 elderly persons died from injuries related to falls in 2003 alone. That same year, 1.8 million were treated in hospital for injuries related to slip and fall accidents. Over the past ten years, the number of fatal slip and fall accidents among the elderly has increased significantly.

According to the CDC, persons over the age of 65 and caregivers can reduce the possibility of slip and fall accidents by:

1. Taking part in a regular, doctor-supervised exercise program. Exercise increases strength and agility and reduces the possibility of falls and personal injury. Exercise has also been proven effective in delaying the effects of osteoporosis, a disease that can weaken bones and so can lead to more serious injuries in the event of a fall.

2. Review medicines. Some medicines have side effects that can contribute to accidents and injuries. Medication that causes drowsiness, weakness, or disorientation can contribute to falls and other injuries. It is also important to speak with a doctor about any medication interactions that can cause unwanted symptoms.

3. Maintain good vision. Getting vision checked regularly and getting corrective lenses as needed can ensure that obstacles and other impediments to walking can easily be seen. Poor vision can contribute to falls, so visit a qualified eye doctor at least once per year.

4. Run a safety audit on your home or care facility. It is estimated that at least 50% of falls occur in the home. Removing obstacles on the floor and installing no-slip flooring or carpeting can help make a living space safer. Installing grab bars near the shower and toilet and improving lighting can also help minimize the possibility of accidents. Staircases can be a dangerous area, so make sure that all stairs have good lighting and sturdy handrails. Slippers can have slippery soles, so wearing good walking shoes both inside and outdoors can be useful.

Of course, even if caregivers and elderly persons do everything right, that does not ensure complete safety. Accidents can still occur. Worse, not every homeowner or property owner is careful about safety. If you or a loved one have been injured because of a slip and fall injury, contact Florida attorneys today. The team at Flaxman & Lopez has years of experience in slip and fall injury cases and can help you understand all your options.

Researchers in Halifax, Nova Scotia have uncovered a common hazard that can cause serious injury to toddlers and small children. The culprit? The family television. Dr. Stephanie Dotchin and and Dr. Kevin Gordon of the IWK Health Centre in Halifax launched a study after treating the injuries of a small child in their care. The child had been playing in his home when a television toppled on top of him. The two doctors launched an investigation and their research revealed that many models of television may easily topple.

The doctors’ research suggests that designs of televisions can cause the units to easily topple, causing brain injury and spinal cord injuries to children. In fact, the injured child who inspired the research months of hospitalization and extensive neurosurgery. He suffered brain damage and still has difficulty walking and talking as a result.

Dotchin and Gordon found that between 1990 and 2002, more than 104 reported childhood injuries were reported in their region alone and this has made the doctors concerned that children across the continent are being injured by televisions. Worse, many of the injuries caused by these accidents seem to be to the head and neck. According to the research, boys between the ages of two and four are most likely to be affected.

Gordon and Dotchin found that front-heavy cathode ray tube televisions easily topple, especially when children push or pull on the sets. The two doctors want to warn parents that the home television set may pose a serious risk. They suggest that further research and increased parental supervision are necessary. The doctors’ own research found that up to 90% of the television sets studied were found to be tippable by toddlers under the age of four.

Currently, there are no reports of class action products liability lawsuits against television manufacturers or retailers. There have currently also not been any studies about television sets in Florida. However, the Halifax study has sparked some considerable debate and it is possible that parents and caregivers may become more aware of the dangers of television sets.

Gordon and Dotchin suggest that parents anchor their television sets to a wall or to a console to make them difficult to move. The researchers are also calling for standards to be set for televisions to make them safer. Gordon and Dotchin note that most television sets come with an anchor at the back of the unit but require customers to buy the console to secure the television properly. This additional expense is one that many customers choose not to make.

Continue reading "Canadian Research to Impact Florida Products Liability Cases?" »

Usually, weather is not a very exciting topic, but today it is all that residents of New England have to talk about. Maine and other parts of the east coast have been hit with freezing temperatures and even snow. Florida is seeing thunderstorms and showers. Some forecasters are predicting that some Northern parts of Florida may be affected by cold temperatures or even freezing before the system moves out.

Snow and rain may be part of spring in various parts of the country, but Florida property owners need to be aware that weather conditions can lead to Florida premises liability claims. Each year, Florida attorneys see legal claims launched after someone is injured in a slip and fall accident or other accident on a property that is not properly maintained.

The truth is, Florida has a number of weather features that create the possibility of accidents and personal injury. Fog, rain, and showers are not uncommon in the region. Florida is not even a stranger to snow. The mid-1970s saw a number of cold snaps and even snowy conditions in 1977. Some Florida residents saw snow on Christmas day in 1989. While Southern Florida attorneys and their clients rarely have to put up with snow, all extreme weather conditions can create dangerous conditions that lead to accidents.

Florida property owners need to be aware of the weather and need to act to ensure that their properties are safe for home dwellers and for visitors. While homeowners are certainly not expected to control the weather or react instantly to bad weather, known hazards on a property can easily lead to a premises liability claim in bad weather.

If a property owner knows about a poorly lit walk, a leaky roof, or other problem and fails to fix it, bad weather can lead to serious problems. Not maintaining a property or not taking reasonable steps to prevent accidents can lead to a claim, and owners need to be aware that claims are more likely to be made after poor weather. For example, if a roof gable has been leaky for some time it may create puddles on a sidewalk after a rain. If a visitor slips and falls on a sidewalk and can prove that the owner knew about the gable but refused to fix it, that injured party can be entitled to damages under the law.

Continue reading "Spring is a Good Time to Bone up on Florida Premises Liability Laws" »