Florida Injury Lawyer Blog

At this time of year, many of us are so busy that we tend to easily overlook injuries, minor accidents, and health problems. Unfortunately, small problems can quickly become major issues. If you fall down in a slip and fall accident, are involved in a minor fender bender, or otherwise are injured, take the time to carefully evaluate your condition and see a physician if necessary to ensure that your injury won't cause you problems later on. Head injuries can be especially pernicious, in that they may initially present few or no symptoms, even when a serious head injury has been sustained. Never ignore these symptoms after you've had an accident:

1) Dizziness or headaches after a head injury. A good rule of thumb is that if you have sustained any bump to the head, you should have it checked out by a qualified medical professional. It is difficult for anyone but a physician to accurately evaluate how serious a head injury is initially. Some people fall down and feel perfectly fine after hitting their head, only to succumb to head injuries later on. Do not let this happen to you. If you notice any vision problems, pain, dizziness, or any other worrisome symptoms after hitting your head, get your injury evaluated by a doctor.

2) Unexplained stomach upsets, fever, or other sudden symptoms. At this time of year, serious flu viruses are rampant, foodborne illnesses are quite common, and illnesses can be all too easily overlooked. If you suddenly develop any sort of severe symptoms, or worrisome symptoms, make an appointment with your doctor. If you need treatment, it's important not to delay this treatment.

3) Severe pain following a fall or accident. If you fall or get injured in an accident and find that your limbs, muscles, or back are very sore or you are experiencing difficulties with mobility, seek help from a qualified medical professional. You may have strained something, sustained an injury to a muscle group, or even sustained a hairline fracture. Getting these things fixed promptly will ensure fewer complications.

4) Severe burns or cuts. Most of us spend more time in the kitchen during the holidays, preparing special treats. Unfortunately, more time in the kitchen and more rushing about can also mean more kitchen cuts as well as more burn injuries. If you burn yourself, and you are experiencing reduced sensation in the area or if you're concerned, speak to a doctor about your injury. If you cut yourself and are having trouble stopping the bleeding, seek emergency help right away.

Thanksgiving is all about giving thanks, spending time with family, and enjoying some well-deserved holiday cheer. However, many people get terribly ill each year by eating foods that have not been correctly prepared or stored, or by eating foods which are spoiled. Foodborne illness and other forms of illness common during the Thanksgiving season can make your holiday time miserable. For the elderly, young, and those who are already ill, foodborne illnesses and other illnesses at this time of year can prove very dangerous or even fatal. Everyone has a responsibility to help make Thanksgiving safe. If you're responsible for preparing or helping to prepare your family's Thanksgiving feast this year, here are some tips from the Food and Drug Administration (FDA) to make your holiday safe:

1) Check food recall information. Before going Thanksgiving food shopping, and after before you prepare your food, go online quickly and check to see whether any of the products that you will be using in preparing your feast are being recalled due to contamination with viruses, parasites, bacteria, or other contaminants. If you find that an item you have purchased has been recalled, return it to store promptly or dispose of it. Product liability issues are a major concern at this time of year, but you do not want to be involved in a legal action when you can simply dispose of a potentially unsafe item.

2) Keep foods that will be cooked and those that will be eaten raw separately. Foods that need to be cooked -- such as chicken, turkey, all meats, seafood, and eggs -- should be kept separate from foods that will be served fresh, such as fresh vegetables. The juices from uncooked meat, not to mention raw eggs, contain bacteria that can contaminate uncooked foods and make you very ill. When transporting these items from the grocery store, keep them separately. Keep them separately in your refrigerator, and clean all surfaces carefully after handling uncooked foods, especially meats.

3) Practice cleanliness. Carefully keeping everything clean is one of the best ways to prevent foodborne illnesses. Before you handle any food, and after you handle any raw meat, seafood, or raw eggs, wash your hands very thoroughly with warm water and soap for at least 20 seconds. As you cook, wash all surfaces that have come into contact with uncooked food -- this includes dishes, utensils, boards, and countertops. You should wash these items with hot, soapy water before you introduce a new ingredient or food item to the surface. Use a produce brush and cold water to wash your fruits and vegetables carefully, especially if you will be serving your fruits and vegetables fresh and uncooked.

4) Follow cooking directions carefully. Meat, especially, needs to be cooked to a specific internal temperature to ensure that all harmful bacteria in the product has been killed off. Use a food thermometer rather than checking on the color to determine whether a product is cooked correctly. An unstuffed turkey, for example, should have an internal temperature of 165°F. If you are cooking a stuffed turkey, wait until the stuffing reaches the same temperature before serving. If you are making eggnog or any recipes calling for raw eggs, use frozen and pasteurized egg products, powdered egg whites, or pasteurized eggs. This reduces the risk of foodborne illness.

5) Store leftovers correctly. All food products should be refrigerated within two hours. Make sure that your refrigerator is 40°F or below and your freezer is set to 0°F. If you have stored some food and it smells or looks spoiled, throw it out. The risk you are taking by eating the food is just not worth it.

6) Thaw frozen products correctly. A large Thanksgiving turkey may take a few days to thaw in a refrigerator, so start planning ahead accordingly. If you do not have several days to thaw, buy a fresh turkey instead. Do not thaw out poultry or other meat products at room temperature or under hot water running water. This method of thawing allows bacteria to thrive.

During the holiday season, we all want to relax and enjoy some well-deserved time with loved ones. However, injuries and accidents do not take a vacation during this time of year. In fact, some accidents and types of injuries are actually on the increase at this time of year:

1) Burn injuries. While most of us know that putting candles on holiday trees and wreaths is dangerous, there are still dangers of fire during the holiday season. Old-fashioned electric lights can overheat and can cause burn injuries and fires. Before decorating for the holidays, look over your lights and electric decorations. If you see signs of wear, replace your lights. Consider switching to LED lights, which stay cooler and therefore pose a smaller risk of fire. If you are using candles to decorate your home, remember to always supervise candles while they are lit and never leave candles burning when you leave a room.

2) Car accidents. Extra stress and rushing during the holidays can mean more mistakes behind the wheel and therefore more car accidents. Holiday parties and festive drinks can also lead to more drunk driving accidents at this time of year. To stay safe, make sure that your car is in good condition and practice defensive driving. Have a holiday plan for getting home safely if you attend a party where alcohol is served.

3) Pedestrian accidents. With more shopper running in and out of stores during this time of year, pedestrian accidents are more of a risk, especially in parking lots, where hurried shoppers and hurried drivers both share the same space. Both drivers and pedestrians have a duty to prevent accidents. If you drive, keep alert for extra shoppers walking around at this time of year. When you are shopping, take extra care to watch for drivers and ensure that drivers can see you at all times.

4) Slip and fall accidents. Additional rain and wet leaves at this time of year can lead to slip and fall injuries, which can mean broken bones, twisted ankles, and even head injuries. Keep the area around your property and business clear of debris and any possible dangers – such as puddles. When out walking, wear sturdy shoes that offer good traction.

5) Head injuries. Head injuries are quite common at this time of year. Many people take part in winter activities, such as skiing and skating, which can increase the chances of head injuries. As well, some accidents are more common at this time of year – such as pedestrian accidents, car accidents, and slip and fall accidents – which can also increase the chances for head injuries. No matter what your holiday plans, keep safety rules in mind. If you do fall or bump your head, remember to get the injury checked by a physician to ensure that a head injury does not ruin your holidays.

During the holidays, many of us open our homes to family, friends, and even strangers. In addition, we are often receiving more packages and greeting more delivery personnel at our doors as holiday packages and deliveries arrive. However, extra traffic in your home can mean more property liability concerns. If someone has a slip and fall accident on your property or harms themselves on your property, you could face unpleasant legal problems as well as personal worry. You don’t need the extra stress during this time of year. To keep everyone visiting your property safe this year, follow these steps:

1) Take a stroll around your property with an eye to any damage or possible safety risks. Look at your roof, your walkways, and the yard in front and behind your home. Take a look inside, where stairs may be a problem. Do you see any dangers that need repairing? Uneven walkways, poorly lit door areas, low-hanging ornaments at the entryway – all of these things can cause serious personal injury. Take care of them now, before someone gets hurt. Also, if you own a pool, take a moment to ensure that the pool area is securely closed up and safe for the season.

2) Hire someone to keep your property carefully trimmed or take care of tidying your property yourself. Keeping your property free of objects and debris that can cause a slip and fall accident is vital. Overgrown bushes, low-hanging branches and scattered toys can cause a serious accident, as can wet leaves, rain, and other weather conditions. Keep your property safe and tidy or hire a service to take care of the property for you.

3) Keep your property well lighted if you reasonably expect someone may drop by. If you expect visitors or if you are receiving packages or deliveries due to the holiday season, turn on your outdoor lights promptly after dark so that delivery personnel and visitors do not have to trip their way to your door in the dark.

4) Make a plan to prevent drunk driving accidents. If you are serving alcohol at holiday parties, make sure that guests can get home safely. Do not allow guests who have been drinking to drive home. Offer rides home from designated drivers or set up sleeping areas for guests who have imbibed too much good cheer. These simple steps can help ensure that loved ones remain healthy and safe.

5) If you plan on traveling during your holiday, secure your property. If you will travel during the holidays, place a hold on your mail, newspaper, and usual deliveries. Put your lights on timers or have a trusted friend drop by to check on your home periodically. You do not want someone ruining your holiday with a break-in and you do not want someone wandering onto your property and harming themselves.

If you run a business, keep in mind that holiday time brings many new opportunities, but also additional risks. Many business owners do not consider inadequate security issues on their premises, but at this time of year, this is an important consideration. Unfortunately, holiday time can create a spate of crimes. Some people are desperate to raise funds while others respond to the stress of the holidays in violent, anti-social ways. You, of course, want to keep your employees, clients, and customers safe from harm. You also want to prevent inadequate security claims.

Inadequate security claims arise when the victim of a crime alleges that a property or business owner knew of security risks but failed to take adequate measures to prevent an attack. For example, if a series of muggings occur in a business parking lot, a new victim can bring an action against the business owners if attacked, alleging that the business owners knew of the risk through the previous attacks but failed to protect the victim from a similar attack.

There do not have to be a series of previous attacks for a victim to allege inadequate security issues. If there are security risks which were known to a business and the business failed to do something about these risks, the business may face an inadequate security risk suit if someone is injured as a result of these unaddressed risks. If a business parking lot is the site of a sexual assault, for example, the victim may launch an inadequate security case, even if there are no previous similar crimes in the area, if it can be proven that the business owners failed to provide good lighting or other security features which could have reasonably prevented the attack.

Business owners are not responsible for personally preventing any possible crime on their business premises, but they are expected to take reasonable steps to prevent crimes from taking place. If you are a business owner, you can prevent personal injury to your employees, customers, and clients -- and prevent possible legal action -- in a number of ways. One solution is to keep up to date with news for your area. If you notice that a number of businesses have been targeted or the number of crimes in your area is increasing during the holidays, increase security. Hire a temporary security company or additional personnel to keep your business safe.

As a business owner, you can also do an inventory of risks in your business. Are parking areas provided for customers and employees well-lit and safe? What current safety measures are in place and how effective are they? Are there additional steps you could take to make your business safer for all visitors and employees? There are companies that can run a security audit on your business to help pinpoint security flaws or risks in your business. These services can be a good investment.

Good communication is often key in preventing assaults, crimes, personal injury, and inadequate security claims. Communicate with your employees and customers and encourage them to share their concerns with you. Really listen. If employees tell you that the parking lot is badly lit and unsafe, that should get your focus at once. If there have been crimes in the area, encourage your employees to take steps to be safe. Inform your employees of safe options for getting home.

Virtually all experts agree that good supervision can help prevent a host of injuries to minors and children. Correct supervision can avert a tragedy before it occurs and can get life-saving help to a child the instant an accident takes place. However, each year many children end up in the hospital emergency room in accidents that could have been prevented with better supervision. Supervision on its own is not enough – good quality supervision is the key to accident and injury prevention. Experts recommend a few tips for supervising children:

1) Supervise children at all times. Many individuals know that children need supervision around pools to prevent pool accidents and near drowning incidents, but all too often supervision is reserved for higher-risk activities. Unfortunately, brain injuries, broken bones, and other fatalities can occur during every day activities, too. Parents and caregivers need to ensure that children are safe at all times.

2) Add more supervision during activities that require more risks. Riskier activities – such as skiing, swimming, or contact sports – require more adult supervisors per child. Keep in mind too, that older children and minors also need supervision when taking part in riskier activities.

3) Have adults supervise, rather than older siblings. Older siblings can help with supervising, but it is important to have an adult on hand to help prevent injuries. Minors may simply not have the authority to control children and may not know what to do in the event of an accident.

4) Have at least two adults supervising at all times. More eyes means more safety, and two adults means that there is always someone supervising, even when one adult is called away to a telephone, for example. For larger groups of children, add more adults to ensure that all children are correctly supervised.

5) Avoid distractions while supervising. It is simply not possible to supervise children correctly – especially a larger group of children – while chatting, texting, watching television, or making calls. Adult supervisors should be supervising, not multitasking.

6) Change shifts and take supervising breaks frequently. Correct supervision is tiring, which is why groups of adults might want to take turns supervising children at an event or party. This way, each adult gets to enjoy some fun and can focus on keeping everyone safe while on supervision duty.

Holiday parades, with their crowds and bright floats, are a tradition for many families. Not only are parades festive and exciting, they are often a holiday highlight for children. However, with their crowds and distractions, parades can also mean injuries to minors and children. Here’s how to stay safe while having a wonderful time:

1) Supervise children near vendors and refreshment stands. Hot elements and hot drinks can mean burn injuries for small hands. Supervise children around vendors and refreshment stands to ensure that your children do not touch any hot surfaces. If you buy treats or hot drinks, make sure that they are slightly cooled down before giving them to your children. If you have smaller children, bring spill-proof containers and transfer hot drinks into them so that they cannot spill hot drinks on themselves. Or, bring your own beverages – at the right temperatures – in a thermos.

2) Do not let your child wander too close to the floats or entertainers. Items may accidentally drop from floats or entertainers with costumes may not notice your child and bump into them. Look for a high spot, where you can watch the parade in safety.

3) Hold your child’s hand at all times. This prevents your child from wandering away. If you have a small child, keep in mind that others may not notice your child and may inadvertently bump into him or her. Carry small children and look for areas that are not as crowded.

4) Teach small children how to find a police man in case they become separated from you. Have a plan in case you get separated from your group. Older children can be taught to meet you at a pre-selected place. Younger children can be taught your cell phone number and how to find a police officer in the crowd.

5) Make sure your child washes their hands before eating and after returning home from the parade. Crowds may have ill people in them and smaller children may end up touching items on the crowd. This season, with concerns about the H1N1 flu, it is a good idea to encourage children to wash hands frequently. Bring a small packet of hand sanitizer so that you can wash hands before eating parade treats.

6) If you have a child participating in the parade, discuss safety with them and with parade organizers. Make sure that any float your child is on has some sort or barrier or safety devices. Encourage organizers to put safety first and go over safety procedures. If your child is marching, ensure that he or she is not in a costume that hampers movement or visibility.

Now that the days are shorter and cooler, most people are closing up their pools. Since more people will be visiting your home during the upcoming holidays and since you will have likely less time to watch your pool area closely now that it is not in use, you must take care to carefully secure your pool until the next swimming season to prevent possible property liability issues. Here are some risk factors to consider:

1) Barriers and locked gates. Most young children who drown in a pool were not last seen by a pool. In fact, most were seen in the home and wandered into the pool area without adult supervision. In many cases, young drowning victims were out of their caregivers’ sight for less than five minutes. These statutes point to the absolute necessity of a good barrier and a locked gate. Make sure that the barrier or fence around your pool is secure, whole, and not in need of repair. Make sure it cannot easily be climbed – if there are trees or bushes nearby, trim them back to ensure that no one can climb over the fence. Secure the fence with a good-quality gate that is kept locked at all times. Keep the keys to the gate well out of reach of children.

2) Alcohol. If you have a final pool party, do not serve alcohol. Alcohol does not allow for proper supervision of people near your pool and increases the odds that a drowning will take place.

3) Pool covers. Good quality pool covers offer an extra layer of protection in case someone does break into your pool area. Hard pool covers can also help prevent spinal cord injuries if someone does compromise your fence and gate and your pool is drained for the season.

4) Slippery areas. If you need to service your pool in the winter, keep in mind that the area around the pool can become slippery as the temperature plummets. Keep these areas clean and free of debris and add some no-slip treads or adhesives to the area to prevent slip and fall accidents near the pool.

5) Maintenance. Even if you have locked up your pool area correctly for the winter, you will want to schedule regular check ups of the area. Mark these check ups on your calendar. At least once a month, ensure that the pool area is still secure and that the fence and gate are not compromised in any way. Check for signs of forced entry, damage to the fence or gate, or signs that someone has been near the pool. Repair any damage or breaches at once.

6) Alarms. You might want to install an alarm system near your pool area that alerts you in case the gate or fence are breached. This can help prevent a tragedy, and some alarm systems are not very expensive.

Accidents happen at any time, but there are especially difficult during the holiday season. In the period between Thanksgiving and Christmas, few people have extra time to devote to injuries and accidents. For this reason, some people who are in an accident or who sustain a personal injury put off seeking medical help or legal help for their injuries. Unfortunately, this can have serious consequences.

Not seeking medical help immediately for an emergency can result in complications that delay your medical treatment. In extreme circumstances, delaying medical attention can result in fatalities. Even seemingly innocuous accidents, such as a sudden bump to the head during a car accident, can prove fatal within a short period of time if not treated correctly. As well, not seeking medical help deprives you of the evidence that could be important if it eventually transpires that your injury was caused by someone's recklessness or negligence.

Not seeking legal help and advice after a holiday injury or accident can also lead to serious legal consequences. Contacting an attorney immediately ensures that your legal rights are carefully protected and that you have the legal advice you need to make the right decisions after your accident. When you delay calling an attorney, you can unfortunately harm the integrity of your case.

Some accident victims worry that seeking medical and legal help after an accident will take too much time. However, the little extra time that is needed ensures that you stay safe, both in terms of your health and in terms of your finances. You do not want to sustain an injury that ends up costing you income, only to find that you have limited legal recourse because you've delayed seeking help from an attorney. Do not let this happen to you. It's a terrible way to begin the New Year.

Some people avoid seeking an attorney's help because they assume that attorneys are more expensive or not available at all during the holiday season. This is simply not the case. Most attorneys have special holiday hours or emergency numbers where they can be reached. Also, qualified personal injury attorneys in Florida do not usually charge upfront fees. Some work on a contingency basis, which means that you will not have to pay until and unless your court case is won or produces an out-of-court settlement. Many good Florida attorneys also provide an initial free consultation, which is certainly still available during the holiday season.