Florida Injury Lawyer Blog

Sometimes, even with the best intentions and the best precautions, a dog will bite. If you've sustained a dog bite or if your child has stained dog bites, make sure that you not only seek the appropriate treatment, but that you also protect yourself legally as well. If you have been bitten by a dog:

1) Contact the authorities at once. While your first instinct may be to confront the dog's owner, this is often inadvisable. Some owners are very reluctant to help the victim of dog bites, and some dog owners actually become aggressive when their pets are accused of biting. If you can, detain the dog or take a picture of the dog’s collar or note the dog’s collar number, location, or any other information that can help in identifying the dog. Contact the authorities at once -- they can often help identify the dog, gather evidence, and get you immediate medical assistance. They can also gather evidence about whether the dog has had all their vaccinations or not.

2) Seek medical attention immediately. You should visit a doctor or an emergency room -- if doctors’ offices are closed -- immediately after a dog bite. Even if your dog bites do not seem to be very severe, you may need a course of antibiotics or rabies shots to keep you safe. If you've been exposed to rabies, it is important to start a course of rabies treatment immediately. Even if you've not been exposed to rabies, dog bites can easily become infected, and medical treatment is often necessary to ensure your safety.

3) Start documentation. As soon as possible after the dog attack, start gathering as much information as possible. Take photographs of the home where the dog attack occurred, the dog itself, and your injuries. Gather medical documents, contact information for any witnesses, and start keeping a personal diary about your injuries and about the money you have to spend on treatment. If you pay for any medication or lose any work time due to injury, make sure that you record this and gather evidence of it if possible.

4) Contact a qualified attorney. Florida law protects its citizens from dog attacks. If you have been attacked by a dog have suffered a personal injury, have lost wages, or have suffered other losses as a result of your attack, the law makes provisions so that you do not have to pay these costs out of pocket. Contacting a qualified attorney immediately after your attack ensures that you have all the legal information you need to make an informed decision about what you would like to do next.

Keep in mind that contacting an attorney often costs nothing upfront. The law offices of Flaxman and Lopez, for example, offer a free, no obligation consultation with you in your home, office, or hospital room. We can help you understand all your options so that you can select the option for you.

Dog bites are a serious problem across the country and across the state each year. Each year, 4.5 million people are victims of dog bites. One in five bite victims require medical attention due to personal injury caused by the bite. While many people have the common sense to stay away from an aggressive, dangerous dog, even well-mannered and friendly dogs can suddenly bite. .

Bites are a special concern because they so often cause injuries to children and minors. Children are often drawn to animals and wish to pet them. They also often have less understanding about the signs of aggression in a dog and may not know how to get away in the event that a dog becomes aggressive. They are often more trusting of a strange animal as well. Unfortunately, because of their relatively smaller size, children can sustain much more serious brain injuries, facial disfigurement, and other serious personal injuries due to a dog attack.

If you are a dog owner, it is your responsibility to ensure that your dog does not bite somebody. It is important to never let your pet out without a leash. Spaying or neutering your pet can make your dog far less aggressive and can help reduce the possibility of a dog attack. If you're visiting a family with a young child or baby, or if children are visiting your home, never leave the dog unattended with the children. Children will sometimes inadvertently tease an animal, causing it to bite.

There are many things that dog owners can do to help ensure that their dogs are socialized to bite less. If you get your dog as a puppy, avoid playing aggressive or rough games with your pet. Inadvertently, this can teach your dog that biting or other aggressive behavior is acceptable. If you get your dog as an adult, consider obedience classes and a professional trainer to promote good behavior. Make sure that your dog gets plenty of social activity -- such as playing with other dogs or long walks -- as this can make your dog less liable to bite.

It is not just the owner’s responsibility to prevent fights. People approaching a dog should also take certain steps to prevent dog bites. It is important, for example, never to cross a fence or enter a gate where dogs are present. Many dogs are very territorial and will bite to defend their territory. If you wish to pet a dog, make sure that you ask the owner. Some dogs are aggressive or are ill and may bite. Never approach a dog that is sleeping or eating.

If a dog approaches you and you are worried about a dog attack, avoid shouting or running. Remain calm. Remain motionless and avoid all contact with the dog, as dogs will often see eye contact as a sign of aggression. Remain still until the dog loses interest and walks away.

Pedestrian accidents claim the lives of many adults and children each year and result in devastating injuries such as spinal cord injuries, broken bones, and head injuries, to name just a few. Victims who have been hit by a car may often be confused and insurance companies are often quick to try to settle for a small sum very early on to prevent larger claims. Victims of pedestrian accidents may have these questions when making legal decisions:

1) Can a victim still make a claim when crossing without a crosswalk?

Answer: Yes. There are laws that govern pedestrian accidents such as these. Of course, if you were crossing a street without the help of signals or a crosswalk, an insurance provider may want to discredit your claims. If you have suffered an injury, you need to speak with a qualified attorney who can represent your case. A good attorney will be able to get you compensation for lost income and medical bills in this situation in many cases.

2) When should a victim accept a settlement?

Answer: It is important not to accept any settlement until any medical injuries have been examined by a qualified doctor and have been resolved and you have spoken with an attorney. If you are offered a settlement, it is tempting to accept the offer right away, but by doing so you may not get all the money you need to pay for medical bills, lost income, and other expenses. It can take weeks or even months to get a good sense of the extent of your injuries and therefore the costs you may incur from an accident.

If you accept a settlement before speaking with a qualified attorney, you will most likely not get all the money you are entitled to under the law. A good attorney can carefully consider your case and ensure that you have adequate compensation to cover all the complex costs associated with the accident. Keep in mind, too, that most insurance companies will automatically offer a very low settlement amount to anyone who is not represented. Speaking with an attorney costs nothing and at least ensures that you have all the legal information you need to make an informed decision about your settlement.

3) What sorts of damages should a settlement for a pedestrian accident cover?

Answer: The costs of a pedestrian accident can be immense for a victim, and a settlement is meant to cover some of these costs. A settlement can help a victim cover medical bills, lost income, lost benefits, lost future earning power, and rehabilitation costs. In addition, the settlement is meant to compensate for some of the pain and suffering the accident has caused.

4) What should a victim do if approached with a settlement by an insurance company?

Continue reading "Pedestrian Accident FAQs" »

Many teens take on part-time work during the school year and sometimes full-time work in the summer to generate spending money or to help pay for college. While work can build skills and discipline, however, it can also be dangerous. In addition to car accidents, on-the-job personal injuries are among the top causes of fatalities among young people. Experts and Workers' Compensation Boards claim that many workplace injuries involving minors are very preventable. According to experts, the main, preventable, reasons for workplace injuries include:

1) Lack of worker training and safety precautions. Employers are required by law to create safe working conditions, but not all employers are conscientious about doing so. Many young workers may not be comfortable speaking out about possible safety violations, may not notice these violations or may not be aware of their legal rights.

2) Young workers who are so eager to please that they do not ask questions about work safety. Many young workers want to make a good impression and may not have the work experience to ask about workplace safety.

3) Lack of understanding about workplace risks or safety rules. Some young workers report that they don’t really understand the safety instructions they are given but fail to admit this fact to employers because they are eager to make a good impression. Many young workers do not understand the risks of a job or do not appreciate the dangers of a job.

Young workers can make choices about workplace safety when they interview for a new job. Experts recommend that young workers ask their employers and potential employers these questions about work safety:

Continue reading "Many Injuries to Minors Occur on the Job " »

Spinal cord injuries, whether caused by car accidents, diving accidents, sporting injuries, boating accidents, falls or other accidents, can profoundly affect mobility and daily life. Florida residents who have spinal cord injuries often find that traveling, for example, becomes much more difficult after their accident. Negotiating airlines, airports, hotels and tourist attractions with a spinal cord injury is possible, but it also requires more work.

If you have a spinal cord injury and need to fly, make airline reservations in advance and inform the airline when you are booking your flight that you have a disability and will be using a wheelchair. If you have a powered wheelchair, you may need to tell the airline what sort of batteries the chair runs on. If you have a service dog or need help getting on or off the plane, you need to tell your airline this information in advance. Try to book your seat in advance so that you can select a seat that will be most convenient. A few weeks and a few days before your flight call the airline and make sure that your spherical requests have been correctly noted and the airline can accommodate you.

When arriving at an airport, give yourself plenty of time. Consider looking at the airport website before you arrive to note appropriate parking spots, elevators, ramps, and other amenities you may need. Where possible, consider having a friend drop you off at the airport. A friend can not only help you in the rush of an airport but can also help you with your luggage.

When making hotel reservations, tell the reservation agent that you have a disability and ask what rooms and amenities are available for someone with your needs. If you need to have special bathroom features, such as a shower chair, be sure to note this information to the agent. A reservation agent can also be helpful in finding accessible transportation to and from the hotel, if you need it. As with your airline ticket, call ahead to ensure that your room has been correctly booked and you will have the amenities you need.

When making train reservations, tell the reservation agent whether you are taking your wheelchair and whether you have a service dog. The agent may need some details about your chair in order to determine what accommodations the train can make for you. If you have seating preference, be sure to mention it when you are booking your trip.

In general, when traveling you will need to ask specific questions. Many tourist destinations and transportation companies claim to be “accessible” in a general way but are not very accessible at all. When speaking with an agent, ask specific questions – “Are there elevators? Ramps? Stairs? Curbs?.” Double-check the information you are given. Take out travel insurance so that if a destination is not as accessible as they claim to be you will be able to get your money back.

Continue reading "Tips For Florida Residents Who Have A Spinal Cord Injury And Must Travel" »

According to experts, understaffing may be leading to instances of negligence and abuse in the nation’s nursing homes and elder care facilities. Most homes for seniors are for-profit organizations and families pay an average of $71,000 per year to offer their loved ones access to such a facility. However, according to the Department of Health and Human Services, approximately 90% of nursing homes across the country do not have adequate numbers of staff to provide good care. Experts say that understaffed facilities are more likely to offer substandard care and are more likely to have patients who are victims of negligence and abuse.

Understaffing, according to experts, can create conditions where mistakes can occur. Overworked nursing home employees may be too distracted to check medications or allergy information, for example, leading to potentially deadly mistakes. Not enough staff can mean less supervision during recreational times and washing, leading to slip and fall accidents and other problems. Too few staff can also result in too little personal interaction between patients and staff. In rare cases, overworked staff may feel resentful and overburdened, conditions that may pave the way for cases of abuse and negligence.

In addition to understaffing, the Department of Health and Human Services reports that most nursing homes have underpaid and overworked staff, which results in high worker turnover and even lower quality of care. At some nursing homes, the turnover rate is 100% yearly. High turnover rates mean lower quality care as staff are essentially always learning and are not given the opportunity to get to know patients and to become aware of any special care that patients need.

Legislators have been attempting to create legislation that would regulate nursing homes and provide better quality of care. So far, attempts at legislation have not been very successful. For nursing home residents and residents of other elder care facilities, friends and family are still the best source of protection and help. Experts say that frequent visits to a loved one in a home can help ensure better quality can and can ensure that any signs of abuse or negligence are dealt with promptly. Florida attorneys specializing in nursing home abuse and negligence can also be a powerful resource for Florida families concerned about elderly loved ones.

A Florida personal injury attorney with experience in nursing home abuse and negligence has the resources to conduct a thorough investigation. Since nursing homes are for-profit bodies, they will always take an attorney seriously. Nursing homes may dismiss family concerns or patient claims, but an attorney knowledgeable in state laws can ensure full cooperation of staff and changes that mean higher quality for patients. Attorneys can also help remove victims from dangerous or abusive situations and can ensure that positive changes are instituted in nursing homes. If a patient has already suffered a personal injury due to nursing home neglect or negligence, an attorney can help fight for fair compensation that can mean the best quality medical care for that victim.

Spinal cord injuries are quite common and can be caused by car accidents, diving into shallow water, slip and fall accidents, and other incidents. Many health professionals consider spinal cord injuries to be among the most traumatic injuries possible, because such injuries permanently affect a person’s mobility, relationships, work situation, and emotions. About 10 000- 20 000 Americans sustain spinal cord injuries each year, and in many cases these injuries can be preventable.

According to the Froedtert and the Medical College of Wisconsin Spinal Cord Injury Center, there are many ways to prevent spinal cord injuries:

1) Practice good water safety. Test water levels before diving into a body of water. Water should be between nine and twelve feet deep to be considered safe. Proper diving form means arms in front. Avoid swimming alone or while intoxicated.

2) Use safety restrains in cars. Car accidents are a common cause of spinal cord injuries, and many of there are preventable with the proper use of seatbelts, since the majority of injuries in car accidents occur when passengers of a vehicle are thrown about or ejected from the car during a crash. Adults should always wear seatbelts in moving vehicles and younger children should be secured in child safety seats in the rear seat of the car.

3) Wear the correct safety equipment for sports. Many spinal cord injuries are sports-related injuries. Many can be avoided by using caution when playing sports and by using correct equipment – such as helmets – when playing contact sports such as football. Safety equipment for sports should be worn according to manufacturer directions and should be checked frequently for signs of wear. Outdated gear, gear that does not fit correctly and gear that has been damaged in any way should be replaced immediately.

4) Use common sense to avoid falls. If you do need to climb somewhere, use good shoes and have someone hold a sturdy ladder as you climb. Where possible, leave household jobs involving climbing up onto the roof to professionals. Professionals know how to clean gutters, fix drainpipes and conduct other projects safely.

5) Prevent weapons accidents. Violence and injuries involving weapons such as guns cause many spinal cord injuries each year. A bullet from a gun can create considerable spinal cord damage, leading to paralysis. Taking part in gun education programs and ensuring that any guns in your home are stored safely and securely can help prevent accidents.

For the business owner, and especially the small business owner, a slip and fall accident is serious. Slip and fall accidents are among the most common injuries in workplaces and can lead to fractured bones, brain injuries, and even fatalities. In many cases, they can also lead to lawsuits, especially if your customers or employees are the ones injured. At this time of year, slip and fall accidents are especially common because of weather. There are several things that business owners can do to help prevent such accidents:

1) Look for common problems of slip and fall and trip and fall accidents. Slippery surfaces, spills, weather problems, loose mats or carpeting, poor visibility, bad lighting, clutter, cables or wires, and uneven floors can all cause slips. When you notice these hazards in the workplace, remove the problem at once or at least put up signs warning others of the problem. For example, you might not be able to correct a leaky pipe that is causing a puddle on the floor right away, but do make sure that there is a visible “caution” sign showing the danger.

2) Regularly walk through your workplace, looking for potential problem areas. Unless you do this, it’s easy to overlook potential dangers.

3) Do regular maintenance on flooring and outdoor walking surfaces. Recoating flooring and correcting any unevenness can help ensure that falls are at a minimum.

4) Set some ground rules for employees. Publish a manual, instructing employees how to stay safe in the workplace. Suggest practical shoes and establish guidelines for how employees should deal with dangerous situations. For example, you may wish to stipulate that employees keep their workplace clear or ask management to reach items in tall places.

5) Keep good documentation of your efforts. Keep written records of your walk-throughs of the workplace, of the maintenance work you do on your business, and the employee manual you have. If you do face problems, showing your careful attempts to prevent injury will be very useful.

Continue reading "How Business Owners Can Prevent Slip and Fall Accidents " »

The entrepreneurial spirit is alive and well in Florida. Despite the economy, many business people continue to manufacture and sell consume products and start their own businesses. Unfortunately, in tough times especially, reducing product liability risks is essential to avoid lawsuits related to personal injuries suffered by customers. Here’s how:

1) Keep excellent records of how you ensure product safety. Policy statements, quality control manuals, safety audits, manuals, and other documentation is essential. Write out everything you are doing to keep your business, products, and customers safe and distribute this information to employees and customers. This shows a commitment to safety.

2) Maintain control of any production processes. If your product does cause personal injury, you want to be able to quickly trace the product. Make sure that you know how parts of your product get to you, supply each product with serial numbers or dates and keep track of where you sell. If you contract out part of the manufacturing process, create air-tight agreements with contractors and sub-contractors. If you don’t manufacture but rather sell products, keep excellent records of where and when you receive each item.

3) Follow up on complaints. Customer complaints can become lawsuits if they are ignored. Develop a formal process of storing and investigating customer complaints. Keep records of each complaint and how it was resolved.

4) Run tests. Test your product more than the minimum required by law and keep records of all testing.

5) Know what to do when things go wrong. Have a formal recall procedure that everyone in your company understands. Keep written records of it and make sure that it complies with state laws. If you do need to recall a product, you want to ensure that your recall is swift and thorough, and a solid plan is the best way to ensure that.

6) Review your packaging, product labels, and manuals with a product safety specialist and a qualified attorney. These professionals can tell you whether your information is too vague, not comprehensive enough, or, worse yet, misleading in any way so that you can fix it before a consumer is injured.

Smoke detectors prevent burn injuries, smoke inhalation, fire fatalities, and other personal injuries related to fire because they alert house inhabitants that a fire has started. Smoke alarms give victims a warning system so that they can safely escape a burning building, but not all smoke detectors are built the same.

A new study has found that residential photoelectric alarms are a better choice, as they are more likely to remain working. The study, conducted by the Harborview Injury Prevention and Research Center (HIPRC) in conjunction with the University of Washington in Seattle, evaluated ionization alarms as well as photoelectric household smoke alarms and concluded that photoelectric types are far more likely to continue functioning correctly after they are installed. Despite this, most smoke alarms in the US are ionization alarms.

Researchers in the study examined 750 Washington state households and discovered that within 9 months of installation, 5% of the photoelectric smoke alarms and 20% of the ionized smoke alarms did not work. Six months after the initial follow-up, researchers returned to the homes and found a similar trend – many more of the ionization alarms were not working, while most of the photoelectric smoke alarms were working.

The problem appeared to be that home residents were disconnecting or removing the smoke alarm battery. In most cases, this was done with the ionization smoke alarms because they were more likely to go off and sound for reasons other than fire – during cooking, for example. Residents most often cited nuisance and false alarms as the reason they removed the smoke alarm battery.

Both ionization and photoelectric smoke detectors work by detecting particles that are present in combustion. However, ionization smoke alarms work by detecting particles from rapid combustion while photoelectric smoke detectors work by using optical sensors to detect smoldering, slow fires. This makes photoelectric smoke detectors less likely to sound off during cooking.

The findings are significant for a number of reasons. First, the importance of smoke alarms is widely known but the study has shown that the inconvenience of some alarms may be leading homeowners to forgo a potentially life-saving device. Secondly, since many fires begin in the kitchen area, a smoke detector near this area is important. A smoke detector that does not go off during cooking may be an important way to encourage homeowners to keep their smoke alarm functional.

A new study by the University of Washington, the Harborview Injury Prevention and Research Center, and the John Hopkins Bloomberg School of Public Health has found that traumatic personal injuries in many leads to post-traumatic stress disorder or depression. Researchers found that one year after a serious injury such as a spinal cord injury, brain injury or other life-altering injury, a high percentage of patients were diagnosed to have post-traumatic stress disorder or depression.

Specifically, the study found that of 2707 patients examined after a serious injury,
20.7% were diagnosed with post-traumatic stress disorder and 6.6% had depression a full year after their injury. As a result of these diagnoses, researchers found that patients were not adjusting to regular life after the injury.

Patients who suffered from either depression or post-traumatic stress disorder a year after their injury were three times less likely to be working than patients who had similar injuries but no depression or post-traumatic stress disorder. Patients suffering from both post-traumatic stress disorder and depression a year after their injuries were up to six times less likely to have resumed work and other normal activities.

Researchers say that the study highlights the need for long-term follow-up with patients after a serious injury. The study highlighted that even in cases where a patient is recovering, mental health still needs to be considered. Acute care hospitals and treatment facilities, say researchers, need to screen patients who have been injured for signs of mental health issues and symptoms of depression or other problems.

The American College of Surgeons asks all level I trauma centers to provide alcohol screening on-site as well as some form of intervention services before trauma center accreditation is granted. The study suggests that these facilities may wish to put a greater emphasis on screening and intervention in the treatment of patients.

Many schools and even local after-school programs have been sending release forms home with children for years. The release forms were mandatory for a child to participate in a specific activity and essentially was a promise that the parent would not sue if the child suffered a personal injury as a result of the activity. The forms made it easier for insurance companies and gave activity planners some peace of mind.

The rules have now changed, after the Florida Supreme Court decided that such release forms are not valid for commercial activities such as ATV courses, go-carts and similar activities. Florida businesses can now be sued if any injuries to minors and children take place on the premises. Business will now have to improve their liability insurance or stop accepting children as patrons. Non-profit activities related to church groups, Scouts, school groups and other similar activities will not be affected by the ruling.

Some legal experts note that the new ruling does open up the possibility of lawsuits even in the case of non-profits, however, since commercial and non-profit activities are often combined for school aged children. For example, church groups or schools may want to take children to Disney World, a non-profit group may transport children via charter bus. Some attorneys predict that in these cases, lawsuits may result after the new ruling.

Attorney Bard Rockenbach, who was involved in the Florida Supreme Court that returned the ruling says that businesses should be able to run their businesses safely. He believes that the possibility of lawsuits will ensure that all Florida businesses do everything possible to make their businesses safe.

The Florida Supreme Court case of Kirton vs. Fields was the result of a fatal all-terrain vehicle ride. In 2003, a father allowed his child to take a ride on an all-terrain vehicle at a motorsport park. He signed waiver promising not to sue. The child was killed during a jump when the ATV landed on top of him. The family sued the park and a trial court sided with the motorsport park because of the waiver the father had signed. An appeals court had reversed the ruling before the case was heard before the Supreme Court.