Florida Injury Lawyer Blog

Florida slip and fall accidents are a major cause of Florida brain injuries, broken bones, spinal cord injuries, and other serious injuries. While in some cases slip and fall accidents are caused by uneven ground or slippery spills on the ground, physical condition can also have a key impact on slip and fall accidents. In fact, physical conditions and illnesses are one reason why the elderly are especially prone to these accidents. There are many conditions and symptoms which can increase the likelihood of slip and fall accidents:

1) Medication. Many over-the-counter and prescription medications have serious side effects which can impact vision and coordination and can lead to a fall. When getting new medication, it is important to speak to a pharmacist and doctor about drug interactions and any side effects which can impact personal safety. In many cases, medications can be changed by a physician to reduce the possible side effects.

2) Eye conditions and vision problems. The elderly are subject to Age-related Macular Degeneration (AMD) and other vision problems which can cause blurriness and other symptoms. In many cases, individuals with such conditions are especially prone to Florida slip and fall accidents, simply because they cannot clearly see any obstacles or uneven surfaces in front of them. Corrective lenses and treatment can help.

3) Dizziness. Dizziness and lightheadedness are common symptoms that can be caused by anything from hormone changes to medication side effects to heart attacks. Any dizziness should be immediately investigated by a qualified doctor. It could be the symptom of an illness that needs attention.

4) Motor function. Poor motor function can be caused by a host of illnesses and can easily lead to slip and fall accidents and other serious accidents. Poor coordination can also be an important symptom of a neurological condition or problem which needs prompt medical attention.

5) Bone health. While bone health does not lead to Florida slip and fall accidents, in many cases it can determine how serious a fall is. Those suffering from osteoporosis and other conditions affecting bone density are more likely to suffer broken bones, hip fractures, and other serious problems from a fall.

Continue reading "Illness and Florida Slip and Fall Accidents" »

In states with significant snowfall and other winter weather, brain injuries are a serious concern. Winter sports such as skating and skiing pose a significant risk of injury, while winter conditions often contribute to car accidents and slip and fall accidents which can lead to serious head injuries. However, while Florida is lucky enough to enjoy beautiful weather even in the winter, Florida brain injurieshttp://www.flaxmanandlopez.com/lawyer-attorney-1121037.html are still a concern in the winter months.

Many Florida residents leave the state to enjoy skiing, sledding, and other winter activities in snowier states. Residents can easily sustain serious injuries during these sports. Since winter sports take place on ice and slopes, injuries are quite common, especially among participants with little or no experience. Slippery surfaces and unfamiliar equipment can easily lead to falls and serious spinal cord injuries and brain injuries. According to experts, there are many ways to help prevent this type of accident when enjoying winter activities:

1) Start simple. It is important to stay within your experience range. If you have never been skiing, get some instruction and stay on slopes that match your skill level. If you are new to skating, try skating at an indoor rink near the walls so that you can grab them for support.

2) Wear the right equipment. Work with a sports store or rental outfitter that can help you select the right equipment in the right size. Incorrectly fitted equipment can make you easily lose your balance and can easily lead to an accident.

3) Wear a helmet. Many brain injuries on ski slopes, sled slopes, and ice rinks can be prevented by the use of a properly-fitted helmet. Ice surfaces are very hard, so it is essential to protect your head with a helmet. The helmet cushions the head in the event of a fall and helps prevent brain injury.

4) Try winter activities when you are physically ready. Avoid taking to the slopes (or the skating rink) when you are tired, drinking, or unwell. Accidents are more likely when you are not physically fit. As well, try to get in shape by exercising regularly throughout the year – weekend warriors are more likely to be hurt because their bodies cannot always handle the sudden muscle exertion.

Continue reading "Even in Florida, Winter is a Time for Brain Injuries" »

After a number of serious Florida personal injuries and fatalities caused by parasailing over the past few years – including the death of a Gwinnett County woman last year – legislators are considering a bill which would place additional controls on parasailers and the tourism industry. The bill would require insurance policies for all parasail operators as well as safer equipment.

In honor of the Gwinnett County woman who was killed by parasailing, the bill is being referred to as the "Alejandra White Act." White and her soon-to-be-husband were parasailing over Labor Day weekend when the rope which linked the boat and the parachute broke. White’s fiancé was able to make a safe landing, but White was dragged along a beach and was impaled on a pole on the beach. She succumbed to her injuries in hospital days later.

Florida lawmakers have made previous attempts to pass laws which would control and restrict parasail operators in the state. However, over the past few years, no bill has passed. White’s death has provided additional motivation and a rallying cry for those who feel that the current lack of regulations lead to injuries and deaths. If the current bill passes, it may take effect as soon as July 1, during the tourist season.

Parasailing can be a safe sport, but advocates of the bill note that currently parasail operators have too few rules to ensure that tourists and residents are safe. There are many things which can go wrong during parsailing which can cause someone to fall from the sky without a parachute. Parachute malfunction and rope breakage are the most common accidents. They can cause serious Florida spinal cord injuries and fatal brain injuries because parasailers typically fall from a large height.

Some of those who oppose the bill note that the bill would force parasail operators to pay for expensive levels of insurance, even though insurance would not prevent accidents or injuries. They also note that the bill would increase costs for operators even though the parasail industry has a relatively low rate of accidents.

Continue reading "New Bill to Address Florida Personal Injuries and Fatalities Related to Parasailing " »

The National Transportation Safety Board (NTSB) is expected to make a push for federal legislation that would require all motorcyclists to wear a helmet. Accoording to the NTSB, there has been an increase in fatal motorcycle accidents since the later half of the 1990s, and in many cases these deaths could have been prevented with the use of helmets. In 2009 alone, motorcycle accidents killed 4,400 people across the country, according to the group.

While a federal motorcycle helmet law might help to prevent Florida fatalities – not to mention fatalities in other states – not everyone is happy about the suggested legislation. Many motorcycle groups and motorcycle enthusiasts claim that the decision to wear a helmet is a personal one and resist the influence of government on their riding habits.

Supporters of the proposed legislation note that a stricter federal helmet law would help save lives. Currently, in many Florida motorcycle accidents, fatalities are caused by Florida brain injuries. When a motorcyclist is in a crash, he or she is not protected by a car, the way that a passenger in a car is. Instead, the motorcyclist is often thrown from the motorcycle and upon landing the motorcyclist’s head often impacts with pavement or another surface, causing serious brain damage.

The NTSB says that personal preference makes little sense in the case of helmets, which could help save lives. According to the NTSB, motorcycles account for 13% of fatalities on highways, even though they represent only 3% of vehicles. Furthermore, in 2006 the NTSB joined in a motorcycle forum consisting on government agencies, riders, motorcycle companies, and researchers. The conclusion of that forum was to that mandatory helmet laws were necessary. Only North Carolina amended its laws to require all motorcyclists to wear helmets.

Groups such as the Texas Motorcycle Rights Association claim that there is no scientific, conclusive evidence that helmets save lives. Lobby groups such as the Texas Motorcycle Rights Association have written tens of thousands of letters to U.S. Transportation Secretary Ray LaHood, asking that helmet use not be made mandatory. According to the Texas Motorcycle Rights Association, education is needed more than helmets, as in 30% of motorcycle accidents, riders do not have motorcycle operator licenses, meaning that they may lack the training to operate a motorcycle safely.

Continue reading "Would Federal Helmet Laws Prevent Florida Motorcycle Accidents?" »

Florida has many services offering personal injury attorney referrals. These services, heavily advertised in the media, promise to put injury victims in touch with attorneys who can help them. While such services can help victims find an attorney, representatives of the American Bar Association note that customers may wish to do their homework before working with any attorney.

Referral services work by putting injury victims in touch with Florida personal injury attorneys. In many cases, these attorneys are simply listed in a referral service’s directory; there is no suggestion or assurance that working with a referral service will help an injury victim find a more qualified or experienced attorney. In fact, according to the American Bar Association, it is important that customers do their own research. Just because a referral service suggests an attorney, that does not mean that is the correct attorney for you.

According to The Florida Bar, Florida personal injury attorneys are not allowed to solicit business directly (unless using direct mail advertising) and cannot approach injury victims directly to suggest representation. Any attorneys gaining business through a referral service need to ensure that the service’s advertisements adhere to the standards established by The Florida Bar.

Victims of Florida car accidents and other injuries have many ways to find a qualified Florida attorney. Victims can contact referral services, contact attorneys directly, or ask friends and family for legal recommendations. In every case, it is important to learn more about an attorney’s background before making a decision. It is a good idea to ask plenty of questions about similar cases an attorney has worked on. Ideally, victims will want to find an attorney who takes time to answer questions and who has extensive experience with similar types of cases. For example, Florida trucking accident victims will want to find an attorney who has handled many Florida trucking accident cases successfully.

Potential clients can also ask attorneys for references. Good Florida attorneys can provide plenty of references from past clients who were happy with the outcomes of their cases. Another option is to call a local Bar association to ensure that an attorney is in good standing and licensed.

Before working with a Florida personal injury attorney, it is also important to get fee and cost information in writing. This information should include details on how costs and fees are added up, any additional costs which may be incurred during a case, and an estimate of the full costs of a case. Financial information can often help clients choose an attorney who is experienced and also affordable.

Continue reading "Should You Use a Florida Personal Injury Attorney Referral Service?" »

Florida slip and fall accidents are a common source of injuries, especially among the elderly. For business owners, slip and fall accidents also pose a serious risk of lawsuits. Many businesses have plenty of foot traffic. Stores and offices, for example, may serve dozens or even hundreds of visitors and customers daily. If one of these customers slips and falls, a common result is a Florida premises liability claim. Slip and fall accidents can cause broken bones, Florida brain injuries, back injuries, and other serious injuries. For business owners lawsuits from premises liability claims can result in increased insurance costs as well as expensive litigation.

Many Florida slip and fall accidents are caused when solid or liquid substances find their way to the floors. In restaurants and grocery stores, for example, a common hazard is spilled food. Even in cases where food is spilled by a customer, the business owner may be held liable if another customer slips and falls due to the spill. This is because for the purposes of the law, it is understood that the business owner invites customers onto the property in order to conduct business. Therefore, the business owner has a legal obligation to protect this “invitee” from dangers.

In general, a business owner may be found liable for personal injury on a business property if:

1) it can be shown that the business owner should reasonably know or does know of a dangerous condition which might be a risk to invitees;
2) it can be shown that the business owner should know that invitees will not be able to notice the hazard or will not guard against the hazard;
3) it can be shown that the business owner did not take reasonable precautions to protect invitees.

Under new Florida laws, the plaintiff is responsible for proving that a business owner knew of a hazard on the property. However, it is still assumed that business owners will take reasonable care in Florida to keep their premises safe. There are many ways that business owners can keep their premises safe from lawsuits and keep their customers safe from injuries:

1) Run regular checks of the premises. In many cases, businesses can protect themselves by running regular checks of their premises specifically to check for dangers. Keeping the outcomes of these checks in writing helps provide an additional layer of protection, as it shows that a business owner is serious about keeping the premises safe. Another option is to have a formal complaint system in place, so that if a customer complains about a possible issue, it can be resolve quickly, before an injury takes place.

2) Take precautions against common dangers. In many cases, accidents are predictable. If there is a swimming pool on a business premises, for example, the possibility of swimming pool accidents is present. If a business owner serves food or drink, there is the possibility of spills. Noting common dangers and creating formal, written policies to help guard against these dangers is a savvy move for business owners. For example, business owners running a bar or café may wish to schedule regular clean-ups of the floor or have a formal policy in place for employees to check and clean up any spills.

3) Post warning signs where needed. In some cases, removing hazards is just not viable. For example, many Florida slip and fall accidents are caused by stairs and uneveneness in floor surfaces. Due to structural design, removing these dangers may not be possible or viable. If this is the case, business owners will want to post clearly visible warning signs, alerting customers of the danger.

Continue reading "Could Your Business Have Premises Liability Issues Due to Florida Slip and Fall Accidents?" »

According to the Florida Fish and Wildlife Conservation Commission (FWC), a few common mistakes tend to cause many Florida boating accidents. To prevent the Florida brain injuries and drowning which cause the majority of boating fatalities, follow the FWC’s tips for safe boating:

1) Avoid causing an imbalance in a watercraft. If you are in a canoe or a small rowboat, avoid standing up. This can cause the boat to tip and can cause the boat to get off-balance. Standing up also increases the chances that you will lose your balance and fall into the water.

2) Never drink or use drugs when operating a boat. Just as alcohol causes many fatal Florida drunk driving accidents each year, it also causes a large proportion of boating accidents in the state. If you plan to drink, make sure you have at least one designated boater who is qualified to bring you back to shore.

3) Wear a life jacket each time you head out on the water. While the law does not require you to always wear a life jacket, it is the best practice to keep you safe. In many cases, Florida boating accident fatalities can be prevented by the correct use of life jackets. As well, boaters can face considerable fines if life jackets are not easily accessible, removed from their packaging, and within easy reach of boaters. Where possible, ensure that your life jacket comes with a whistle. In an accident, this simple safety feature can save your life.

4) Take a boating course. No matter what age you are, a boating safety course can teach you tips and procedures for avoiding or surviving an accident.

5) Before boating, alert friends and family where you will be going and when you will be back. This way, if you fail to show up, your loved ones can get help to you quickly. If you capsize or your boat is no longer operational, remain with the boat. Rescuers will look for your boat first, and it will generally be easy to spot. Do not attempt to swim to shore unless you have no other options or unless the shore is very close.

Continue reading "Preventing Florida Boating Accidents with the FWC" »

According to new statistics, the majority of boaters involved in Florida boating accidents between 2004 and 2009 have never taken boating safety training. In fact, up to 90% of boaters involved in accidents have failed to take safety training. In many cases, these people rely on common sense or experience. However, the statistics suggest that formal training may be crucial in helping boaters avoid accidents.

According to experts, many Florida boating accidents are caused by lack of formal training, lack of life jackets, and carelessness on the water. Authorities are worried that people continue to die as a result of Florida brain injuries and drownings resulting from boating accidents. Despite more legislation, awareness campaigns, and stepped-up enforcement, Florida is still notorious for boating accidents.

According to the Florida Fish and Wildlife Conservation Commission (FWC), there have been 97 boating accident fatalities in Central Florida alone since 2004. Another 350 boaters sustained injuries in accidents during the same time period. Orange county and Polk county have the highest rates of boating accident fatalities, according to the Florida Fish and Wildlife Conservation Commission. Statewide, there were over 400 Florida boating accident fatalities and 2400 injuries between 2004 and 2009. According to the most recent 2009 data, 60% of boaters involved in fatal Florida accidents had over 100 hours of boating experience. In about 70% of these accidents, death was due to drowning.

As the number of registered boats in Florida continues to rise and as Florida hangs on to the dubious distinction of having one of the highest boating accident rates in the nation, law enforcement officials are concerned and searching for new ways to help prevent accidents on the state’s waterways. One new law should help. A new law passed by the Florida Legislature last year makes it mandatory for anyone who was born on or after Jan. 1, 1988 to complete basic boating safety courses before operating a boat. The FWC says the law is a good start but doesn’t go far enough in requiring older boaters to get needed training, too.

Advocates for improved boating safety are concerned that the new law does not ensure that everyone gets safety training. They are also disappointed that regulations placing stricter controls on alcohol use and life jacket use have not been implemented. Many experts say that requiring life jackets and making drinking and boating illegal – and punishable by large fines – could remove two key causes of Florida boating accidents.

Continue reading "Majority of Those in Florida Boating Accidents Have Failed to Take Training" »