Florida Injury Lawyer Blog

While Florida is known for its sunny and beautiful weather, Florida residents who travel to more northerly states at this time of year can expect to face the same winter weather hazards as residents of those states. While you many not worry about Florida slip and fall accidents due to ice or snow and while the idea of winter-related Florida car accidents seems remote, in more northerly climates, the weather conditions can pose a real risk. If you are traveling north this winter, follow these safety tips to stay safe:

1) Assemble an emergency kit if you will be staying anywhere but a hotel. If you are renting a cabin or staying with friends and family, prepare a kit that includes batteries, flashlights, blankets, a first aid kit, any medication you may need, food, water, cash, and copies of your documents. If you need to evacuate due to weather conditions, this will be very valuable. You may also want to keep a similar emergency kit in your car to ensure that you can survive if you get stuck due to snowy weather conditions.

2) Invest in good footwear. Look for boots that have good treads or visit a sports wear store to buy special boot overlays that have spikes for added traction. Snow and ice pose a serious risk of slip and fall injuries as well as head injuries, especially if you are not used to walking in these conditions. Invest in the best anti-slip footwear you can find.

3) Prepare to dress for the weather. Before you travel, check weather reports so that you know what to pack. Bring a hat, gloves, scarf, and warm footwear and jacket. As well, bring layers that you can wear together. Several layers that cover your entire body can help you avoid hypothermia or frostbite if you do find yourself stuck in inclement weather when you travel.

4) Bring sunglasses. The glare from snow and ice can be painful and can make it hard to see. You can often prevent slip and fall accidents and even car accidents by wearing sunglasses that allow you to see more clearly. If you will be outdoors skiing or taking part in other winter activities, be sure to wear sunscreen as well. Again, the glare from the snow and ice can be intense.

5) Learn winter survival skills. If your car broke down on a snowy road, would you know how to survive? Do you know how to drive on icy roads safely? Winter survival tips and classes are available online and through many police stations in more northerly states. Read up about the skills you need.

Continue reading "Storm Season Can Mean Personal Injuries for Florida Travelers" »

Florida pet owners need to be aware of Florida premises liability laws because when Florida slip and fall accidents, dog bites, and other injuries occur to visitors or guests, a legal action can be the result. Under Florida law, business owners and homeowners have a responsibility to provide a safe environment for visitors. Business owners, for example, must take care to provide a reasonably safe environment for customers, employees, and clients. Homeowners must ensure that visitors, mail personnel, and other guests at their home also are kept safe.

While property owners cannot, of course, foresee and forestall every possible danger, there is a legal expectation that they will take steps to provide a reasonably safe environment. Homeowners who have a dog, for example, are expected to keep the dog inside or on a leash to ensure that it cannot bite visitors. Businesses are expected to ensure that parking areas and store areas are well-lit to help prevent Florida slip and fall accidents.

If homeowners and businesses know about a potential hazard that causes an injury or should have known about a hazard, they can be help liable. With dogs and pets, this poses a special problem. Dogs often want to roam and busy homeowners sometimes place a dog in a fenced area of the yard to provide some exercise for the pet. Unfortunately, if the dog bites someone, the homeowner may be held liable.

In some cases, dogs are on private property but curious strangers walk onto the property without knowing that there is a dog in the area. In some cases, curious children or strangers reach into a property to pet a dog, only to get bitten. Dogs also pose another hazard: they may carry and fling their toys and bowls about, causing a tripping hazard.

There are several things that pet owners can do to help prevent legal action from dog bites and premises liability claims. The first and most important step is to get the dog socialized through frequent attention and obedience classes. Dogs that are well-trained are less likely to bite. As well, regular vet check-ups are a must. Not only does this ensure that the pet's vaccinations are in order, but regular vet care can help catch any illnesses which can cause a dog to act aggressively.

Homeowners who own pets will want to take additional steps to protect themselves, others, and their pets. Keeping a dog inside unless the dog is being walked on a leash is a savvy precaution. If you must keep your dog outdoors some of the time, consider a large kennel or a fenced in area away from your main door, where strangers will not be able to easily approach the animal. Signs warning strangers of the presence of a dog is another smart investment.

Continue reading "Florida Dog Bites Can Mean Legal Problems For Homeowners" »

For the first time in five years, fatal pedestrian accidents increased in 2010, according to a report published by the Governors Highway Safety Association (GHSA). In the first six months of 2010, fatal car accidents across the country decreased but during the same time period fatal pedestrian accidents increased by 0.4%. Before 2010, pedestrian fatalities had actually been dropping for four years.

Florida may have special reasons to worry. According to the report, Florida ranked second for highest individual increase in pedestrian fatalities. Only Arizona saw a greater jump in pedestrian deaths. In Florida, there were 482 pedestrian fatalities and 7500 pedestrian injures in 2009. Between January 2010 and June 2010, 245 people died in Florida pedestrian accidents. That's an average of 35 more deaths in 2010 during just the first six months of the year.

According to the GHSA report, the emphasis on exercise may be pushing more pedestrians to walk outdoors, which can mean more accidents. Another factor, according to the report's experts, is increased distraction. Pedestrians who use texting devices, listen to music, or engage in conversations while walking may not notice dangers around them. Alcohol and controlled substances may also be an issue. According to GHSA Vice Chairman Troy E. Costales, over 50% of fatal pedestrian accidents in 2010 involved an intoxicated pedestrian. According to the GHSA report, there are many things that communities can do to reduce pedestrian accidents and fatalities:

1) Make pedestrian safety a priority and allot money and resources to pedestrian safety measures. Adding more signs, creating pedestrian-only zones for walkers and adding more money to law enforcement and safety awareness can help make the streets safer for pedestrians.

2) Get more information about pedestrian issues. Analyzing crash information or conducting safety audits can help communities identify and target areas that are especially dangerous for pedestrians.

3) Improve pedestrian infrastructure. Adding pedestrian walking trails away from roads is one solution. Pedestrian-activated red stop lights can also make shared road and walk spaces safer. Some communities have had success by increasing pedestrian crosswalks and by designating more roadway space for pedestrians.

4) Create good laws and practice good enforcement. Some states have created laws which require cars to come to a full stop when pedestrians are in crosswalks. New Kersey and Hawaii enforce their pedestrian laws by having un-uniformed police officers walk across crosswalks to see how many cars stop. Cars who fail to stop or yield are ticketed by nearby officers.

5) Create good educational programs. Teaching pedestrians about safe walking habits is important. For example, educational programs that teach children to cross streets safely and educational awareness campaigns that teach pedestrians about the dangers of being distracted when crossing the street can help keep everyone a little safer.

Continue reading "Florida Pedestrian Accidents Were Common in 2010" »

At this time of year, many Florida residents are considering their swimming pools. Now that the weather is in the mid 60s Fahrenheit (about 18 degrees Celsius) it's warm enough to swim. Some early birds are opening up their pools for the spring and summer while others are waiting for warmer weather still before getting the pool ready. In any event, this is a good time to reexamine your pool and your pools safety.

At this time of year, many tourists arrive in Florida to take advantage of spring break or to get away from the winter that is raging in the more Northern areas of the country. More tourists and more children can mean more Florida premises liability issues, so it's a good idea to ensure that your pool area is safe and secure. As well, since swimming weather will be with us soon, now is a good time to ensure that your pool is safe and sound for winter. Here are some good tips for getting ready:

1) Review your gates and fences. A good pool area should be fully enclosed with a tall fence and a self-closing gate that locks. To prevent children from breaking into the area, it is a good idea to have an alarm installed to ensure that you are alerted in case anyone tries to enter the pool area.

2) Review your safety rules. This is a good time to review pool safety rules with your children and your family. Consider writing the rules out and posting them in your home or near the pool area so that everyone can get used to the rules.

3) Maintain the pool area. If your pool area has been closed, animals may have moved in, the area may need a good cleaning to prevent slippery spots, and some things may have been damaged in winds or storms. Now is a good time to review everything to see whether any repairs need to be made to keep your pool area safe. Right now, you can get pool maintenance while saving money as well, because the summer rush is not on.

4) Upgrade your safety equipment. Many pool accessories are arriving in stores. Now is a good time to get some added safety features, such as an alarm for your gate, no-slip treads for pool side, a safer pool cover, a poolside first-aid kit and other safety accessories.

Continue reading "Now is the Time to Revisit Your Florida Pool Injuries and Drowning Tips " »

When it comes to Florida car accidents, many experts agree that good signage can help prevent accidents by alerting drivers to upcoming hazards and obstacles. However, does the same logic about good signage hold true when trying to prevent Florida bicycle accidents? The Florida Department of Transportation (FDOT) has suggested removing 40% of bicycle signs in Longboat Key, a move that bicyclists claim is dangerous for their safety.

The Town Commission has been receiving letters from both residents and bicyclists about the bicycle signs. Some residents feel that the signs make the area less attractive, while some bicyclists believe that the signs are vital for their safety. Police Chief Al Hogle has stated that staying alert is more important than signage and agrees with the suggestion to reduce signs.

Bicyclists point out that Florida already has a high rate of bicycle accidents. In the last five years, there have been 35 Longboat Key car accidents involving bicycles. Another Florida community, Lakeland, has actually increased its signage for bicycle safety, adding several ‘3 Feet — It’s the Law’ signs near areas popular with bicyclists. Longboat Key bicyclists say they would like to see a similar commitment from their community.

Under Florida law [(Sections 316.003(2), (10) and 316.2065(1), F.S.)], bicycles are essentially treated much the same way as any vehicles on the road. Bicyclists must obey traffic rules as well as regulations for bicycles. Opponents of additional bicycle signage note that car drivers are not given additional signage in order to stay safe.

According to the FDOT, there are 99 sign posts with 126 signs related to bicycles in the areas in question in Longboat Key. The FDOT has proposed reducing the signs to 55 separate posts and 94 signs related to bicycles along the same area. Under the proposed changes, the signs would be one mile apart and areas which are considered an especial risk to Longboat Key bicyclists would have a maximum of 16 signs.

Continue reading "How Do Signs Impact Florida Bicycle Accidents?" »

Boredom has never killed anyone – or has it? Many children at this time of year grow frustrated with the shorter days, long school days, and hectic schedules. It's not unusual for children to wander out in the warmer weather and this, combined with boredom, can mean injuries. Here's how to keep your kids safer and not bored, from spring break to summer:

1) Give your kids plenty of options. Enroll your children in good programs and activities that they enjoy. They'll learn new skills, socialize with other kids, and stay in a supervised setting. Just make sure that any activities you sign your children up for are safe and are operated in a way designed to prevent injuries.

2) Set safety rules – and stick with them. Have a list of rules about bicycling, free time, and driving. For example, rules for your teen drivers will include no driving while texting and no driving after drinking. For younger kids who like to bicycle, set rules about wearing a helmet. If more children wore helmets each time they biked, there would be fewer Florida brain injuries in the emergency rooms. Along with each rule, ensure that you have penalties or consequences in case your children break the rules. Be sure to enforce safety rules.

3) Know what your kids are up to and who they spend time with. Supervising your children, spending time with teens, and listening can help you understand whether your children are worried about something or are taking part in something potentially unsafe. Spend more time together in order to ensure that everyone in your family is familiar with each other and each other's activities.

4) Plan some fun activities for this time of year. Spending time together as a family helps keep everyone from getting too restless or too anxious. Plan a vacation, a day trip, or just some time together to reconnect. It's a great way to find out what is going on.

5) Make sure your children know the consequences of dangerous activities. If you have a new driver in your home, ask your local police station or fire fighter's association about their Florida drunk driving educational programs – show your teen driver the true consequences of drunk driving accidents. If your young children like to ride skateboards or bicycles without helmets, show them the impact of Florida brain injuries on other children's lives. Local hospitals and police authorities often have informational materials you can use.

Continue reading "Preventing Florida Injuries to Minors and Children Due to Boredom" »

While Florida weather makes the state ideal for bicycling, Florida has unfortunately received a reputation as a bike-unfriendly place and in fact rates of Florida bicycle accidents are higher than the national average. Law enforcement agencies and safety groups are trying to change that with awareness programs and new legislation, but according to the FMCSA (The Federal Motor Carrier Safety Administration), cyclists can also help in the effort by:

1) Always wearing a helmet. Bicycle accidents are a leading cause of Florida brain injuries and serious brain injuries are a common cause of fatalities in bicycle accidents. According to experts and the FMCSA, wearing a helmet is one of the most important things a bicyclists can do to protect themselves against harm in an accident.

2) Making sure their bicycle and brakes are in good working condition before every ride. Bicycles are faster and can move more flexibly than other vehicles on the road. In many cases, your ability to stop in time or get away can mean the difference between a collision and a close call, so make sure your bicycle is in good enough shape to get you out of danger quickly.

3) Doing what they can to be visible. Reflective decals on bikes, lights, and reflective clothing can help other drivers see you and notice you, which makes the roads safer for everyone.

4) Staying alert. It is important for bikers to assume that no one can see them. Even if you are signaling with your hands, keep in mind that other vehicles may not see you. Drive defensively and never do anything that compromises your concentration or your focus on the road. Don't bike if you have been drinking, if you are tired or unwell, or if you plan to use a texting device while riding. Never listen to music while riding. Always place your full concentration on the traffic around you.

5) Going with traffic. Bike on the right side, with traffic. Stick to bike trails where you can, especially if you are not a confident biker. If you must ride on a road, staying with the traffic allows you to see and respond to signage and traffic lights.

Continue reading "Tips to Prevent Florida Bicycle Accidents" »

It’s something that many parents do not consider, but a major cause of Florida injuries to children comes from tip-over accidents. These accidents take place when a child pushes or pulls a heavy object – such as a television – over onto themselves. Tip-over accidents often result in fatal Florida brain injuries for small children and serous injuries for older children.

In 2009, a young Florida girl was killed when a television tipped over on her. Most years, there are a few such tragedies – and in many cases they are quite preventable. According to the U.S. Consumer Product Safety Commission, tip-over accidents are quite common and cause serious injuries each year. The most common culprits are televisions, but shelves, bookcases, appliances, and dressers also mean a high risk of tip-overs. According to the U.S. Consumer Product Safety Commission, an average of one child is killed every two weeks due to tip-over accidents.

The most common risk occurs when a child falls against, climbs up on, or pulls against an appliance or piece of furniture. It’s not just the pieces of furniture that are a risk, either. According to Safe Kids Inland Empire at Loma Linda Children's Hospital, objects which may be on top of a piece of furniture may also fall on top of a child, causing potentially life-threatening injuries. According to Safe Kids Inland Empire at Loma Linda Children's Hospital, objects falling on children is a leading cause of death among children. Tip-overs and falling objects are also a leading cause of Florida brain injuries among children.

The U.S. Consumer Product Safety Commission was informed of almost 200 tip-over deaths between 2000 and 2008. All incidents involved children who were 8 years of age or younger. In about 93% of cases, children were between 5 and 8, a time when experts note children are most actively exploring the world around them and may have the strength to tip over larger items. Between 2000 and 2008, over 16,000 children ages 5 and younger visited ER for injuries related to tip-over accidents.

According to the U.S. Consumer Product Safety Commission, there are several things that parents can do to help prevent tip-over deaths. An important preventative action is to walk through the home and look for any tip-over dangers. All furniture and appliances should be attached to walls using screws, wall straps, and brackets. Televisions – especially older models – should be secured on low stands so that they cannot be tipped over. Some experts have suggested that newer flat televisions are in fact safer. They do not have the tendency to tip over as readily and are generally secured to the wall.

Continue reading "Tip-Over Accidents Are a Cause of Florida Personal Injuries" »