Florida Injury Lawyer Blog

Two recent tragedies highlight a basic challenge in Florida law. The deaths of two workers at two of the state's biggest amusement parks stress the limitations placed on surviving family members when a loved one is killed on the job. In one case, a SeaWorld worker was killed by an orca during training for a show. At Walt Disney World, a Florida train accident on the monorail caused the death of a Disney World employee. In both cases, state workers compensation laws mean that the families will be able to receive a maximum $150 000 for income lost and an additional $7 500 for funeral expenses.

This is because in Florida when an employee is injured at work, the employee has legal resource only through workers' compensation. The company pays into an insurance company and if an employee is injured this company pays workers' compensation benefits to pay for lost income, medical costs, and related costs. In turn, the company is safe from Florida personal injury lawsuits and the workers does not have to prove fault while still getting payment for necessary expenses.

In many cases, the system works. However, in cases where there is a loss of life, workers' compensation benefits can seem small compared to the scope of the tragedy. As a result, Florida law does allow some exceptions to the usual workers' compensation restrictions. For example, in cases where employers do something which is "substantially certain" to cause fatalities or injuries or in cases where employers harm employees intentionally, employees and their families can pursue a legal claim.

Of course, this can pose a legal challenge. It means that an injured worker must be able to show in court that the employer should have known that the actions were likely to cause injury or fatalities. Proving what an employer knew or should have known often requires legal professionals as well as investigative professionals. For this reason, many injured workers seek the help of a Florida personal injury attorney.

A Florida personal injury attorney can show in court that an employer was negligent. As well, attorneys usually work with expert witnesses and professional investigators to gather evidence which may not be available to the injured worker. This evidence can help show whether an employer was in fact negligent and therefore liable.

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Every spring and summer, Florida's many rivers and bays attract boaters, fishers, and swimmers. However, while Florida usually leads the country in terms of the number of registered vessels (just under one million) it usually also leads America in the number of fatal boating accidents. Sadly, many of these accidents are preventable. In 2009, The Florida Fish and Wildlife Commission (FWC) reported that there were 65 fatal Florida boating accidents and 620 reported boating accidents in the state. The majority of boating accident fatalities are caused by drowning, and in many cases this could be prevented with the proper use of a life jacket. According to the FWC, many boating accidents can be prevented if boaters took the following precautions:

1) Took a boating safety course. Statistics from the FWC show that those who are most likely to be in a Florida boating accident are males who have boating experience but who have never taken a boating course. Experts agree that formal boating education can help prevent accidents.

2) Used life jackets every time. Everyone in a boat should be given correctly-sized life jackets and should wear them properly worn, the entire time that the boat is in the water. Life jackets are one of the easiest ways to prevent drowning deaths.

3) Stored an emergency kit on board. A good emergency kit should include flares, fire extinguishers, a first air kit, VHF radio, GPS, cell phone, and other necessities. Everyone on board should know where these items are found and how they are to be used.

4) Avoided alcohol and drugs when boating. Just as Florida drunk driving accidents cause countless tragedies, so do boating accidents caused by drinking. Boating requires focus and attention. Boaters who drink or do drugs cannot control their vessels and may not be able to react in time to avoid collisions or other hazards.

5) Reviewed boating safety often. Refresher courses are available for boaters, and there are many online resources, including the safety guide from the U.S. Foundation for Boating Safety and Clean Water (www.BoatUS.com/ Foundation/Toolbox) and the FWC site (www.myfwc.com/boating/safety-education). Boating safety basics should be reviewed at least once a season.

Continue reading "Preventing Florida Boating Accidents This Summer" »

Extreme weather this past winter – including severe storms and some freezes that have affected the state's agriculture – are becoming more and more frequent. In addition to causing economic devastation, extreme weather is also a leading cause of Florida personal injuries, such as broken bones, concussions, and other injuries. To keep yourself and your family safe, consider these precautions:

1) Invest in good insurance. While insurance will not prevent emergencies and injuries, it can help your family cope financially in the aftermath. Many insurers, however, are reluctant to offer hurricane coverage for Florida residents. As well, after disaster many residents find that their insurance does not cover as much as they thought. In some cases, insurers are reluctant to help insured parties with coverage for all injuries and damage. If you have problems with insurance, it is best to take the problem to a qualified Florida attorney for help.

2) Prepare an emergency kit. If a waterproof container, store batteries, tarps, a radio, fresh water, food, important emergency paper work, cash, flashlights, medication, and anything else you may need for a few days in an emergency. Store this kit someplace where it is readily accessible and check and replenish it often to ensure that you are ready in an emergency.

3) Have a practice an emergency plan. Your plan should consist of an action plan and a communication plan. Sit your family down and practice what you will do in various types of emergencies. Show children, especially, how to get to safety in the event of a fire or severe weather. This could help your children avoid becoming Florida burn injury patients or emergency room admissions in an emergency. As well, rehearse how and when you will communicate with one another – arrange for a place or time to meet or rehearse who each family member will call for a check-in. At least quarterly, rehearse your plans so that everyone remembers them.

4) Learn how to care for yourself and your family. Buy and learn to use a generator if you live in a part of Florida that is frequently visited by extreme weather. Learn how to travel or drive in inclement weather. Review emergency preparedness procedures – your local municipality likely has resources that can help.

Continue reading "Florida's Extreme Weather Causes Personal Injuries" »

While we often associate Florida slip and fall accidents with elderly persons, in fact the culprit is often not age, but medical conditions. The reality is that any medical or health changes can affect a person's ability to navigate safely. Consider these medical changes, for example:

1) Physical changes. Florida spinal cord injuries, broken bones, and other physical injuries can make someone less mobile or can affect mobility in a number of ways. A broken foot, for example, usually means that someone must precariously balance on crutches. People with physical injuries are often vulnerable to injuries.

2) Neurological issues and head trauma. Brain injuries and neurological problems can lead to dizziness, disorientation, and other symptoms which can make it challenging to get around safely. Unfortunately, a slip and fall accident can cause even more brain trauma to Florida brain injury victims, making injuries even more severe.

3) Eye problems. Sudden changes in vision can make it hard to see obstacles and can lead to tripping and falling. Wearing correct eyeglasses and getting yearly eye exams is important for eye health and also in preventing accidents. Very gradual changes to the eye can be just as dangerous but are often ignored. A yearly exam can help catch and treat these problems before they lead to injury.

4) Sudden changes in ability. When someone who is fully-abled is in a car accident or sustains a serious permanent injury, it can take some time to get used to a new type of ability. During this time, accidents and problems are quite common. Physical or rehabilitation therapy as well as carefully monitoring by health care professionals can help.

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If you have an elderly parent or relative, you may worry about slip and fall accidents. Indeed, Florida slip and fall accidents are one of the leading causes of broken bones and emergency room admittances in older Florida residents. In serious cases, slip and fall accidents can lead to Florida head injuries and other serious injuries as well. Luckily, there are many ways that families and friends can help elderly loved ones:

1) Stay aware. Staying aware of medical conditions, such as dementia or eye problems, which can affect an elderly person's ability to see and walk without accidental trips. That way, you can remind someone about their medications or condition and keep alert for signs of problems.

2) Help make someone's home safer. No-slip rugs and grab bars in the bathroom are important safety measures for elderly loved ones. If there are lots of stairs in your elderly parent or relative's home, motorized lifts or ramps can make these hazards less dangerous.

3) Consider extra help. A nurse stopping in a few times a week can help an elderly parent cope with medical changes. Hired help around the home ensures that a loved one does not fall while trying to do yard work or cleaning. Even a few hours a week of help can help prevent accidents and overwork.

4) Keep communication open with your loved one and their physician. It can be useful to visit your relative's physician during a regular check-up. This gives you an option of finding out about any medications or conditions you should be aware of. You can also use the opportunity to ask the doctor about anything you can do to keep your relative safer.

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Small businesses and individuals are increasingly relying on discount buses and coach buses for transportation. With rising fuel prices, these buses are used to conduct tours and are used to shuttle groups of athletes, students, and even employees from place to place. In Florida, coach buses are extremely common, used by tourism businesses and tour operators. Unfortunately, the prevalent use of these buses in Florida can mean more Florida bus accidents.

It is completely legal in Florida for coach buses to not have seat belts available. Part of the problem is a 2002 study by the National Highway Traffic Safety Administration (NHTSA). The study found that seat belts on such vehicles do not seem to have any benefit in reducing injuries in frontal collisions. The study further concluded that for young passengers lap seat belts on coach buses and school buses can increase the risk of serious abdominal and neck injuries.

The NHTSA study further found that the type of belts used in cars – known as lap-shoulder belts – when used correctly in buses can slightly lower the risk of neck injuries and head injuries. However, the study concluded that spacing cushioned seats close together worked as well as seatbelts in protecting passengers. However, the same study also concluded that in the event of a bus rollover, seat belt use could reduce the risk of fatality by 77%.

The NHTSA study and others like it point to a major problem with seat belts on buses: there is a lot of contradictory information available about the effectiveness of seatbelts in preventing bus accident injuries. While the benefits of seat belts in passenger cars have been well established and widely accepted, the same is not true when it comes to seat belt use in buses.

Some experts claim that seat belts would pose an additional distraction for school bus drivers because drivers would need to enforce seat belt use among students rather than keeping eyes on the road. As well, they note that seat belt use would mean fewer seats per bus and therefore more buses on the road, which might also increase the risk of Florida bus accidents. Many experts also note that the costs of seat belt implementation would outweigh the benefits, especially since bus accidents are rare and buses are considered far safer than passenger vehicles. According to the American Bus Association, the fatality rate for cars in 2007 was 1.04 per 100 million miles, compared with 0.5 per 100 million miles for coach buses.

Despite these assurances, however, there have been a number of high-profile bus crashes in the past decade, causing new laws to be passed. Federal laws, for example, require that school buses of less than 10 000 pounds make seat belts available, since these buses are more likely to result in students being ejected from their seats in an accident. As well, Florida and five other states require school buses to have some form of restraint. Currently, however, there are no similar rules for coach buses. A bill known as the Motorcoach Enhanced Safety Act would change that by mandating ejection-proof windows, seat belts, and rollover-proof roofs. Another rule has been proposed which would make it mandatory for all new coach buses to have seat belts.

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During college spring break, many college students head to Florida from colder climates to take advantage of the beaches, nightlife, attractions, and great weather. While spring break is meant to be fun, it can also be full of higher-risk activities as well as drinking, which can make any activity more dangerous. According to experts, there are many ways that students can avoid personal injuries while vacationing:

1) Stay together. Spending time in groups helps prevent accidents and dangerous situations. If an injury occurs, being with others ensures that someone can call for help.

2) Avoid excessive alcohol use. Alcohol is a leading cause of Florida boating accidents and even spring break sporting incidents. If you will be drinking, make sure you have a designated driver or use taxi cabs to avoid causing a Florida drunk driving accident. If you will be drinking, know when to stop and stay in a public place or at a trusted friend's house. Avoid drinking and heading to the water or trying to take part in any physical activities while intoxicated.

3) Stay in safe areas. Stay in public, well-lit areas rather than wandering off to unknown or unpopulated areas. Tourist areas mean extra security and protection while less traveled areas can conceal many dangers.

4) Stay in communication with someone from home. Let people know your location and that you are ok. Have established check-in times and carry a cell phone at all times. If you do sustain a serious injury, these calls can help alert someone that something is wrong and can ensure that help gets to you sooner.

5) Follow laws. Familiarize yourself with Florida laws and follow them to the best of your ability. Having fun does not mean throwing caution and safety to the wind. Laws are designed to protect you, so following local laws reduces your chances of sustaining a serious Florida injury. As well, following laws ensures you won’t run afoul of local law enforcement.

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A new gun bill (SB 234) would allow people to have guns on university and college campuses. The bill has been delayed after the father of one victim has spoken out. The father of Ashley Cowie, a Florida State University student who was killed accidentally on campus when a gun was fired at a college party, spoke out against the bill before a hearing of the Senate committee. His testimony helped to delay the bill.

Cowie and other opponents of the bill note that the legislation might be dangerous and may lead to Florida injuries to minors. Cowie noted that the atmosphere of college parties and the drinking which occurs on campuses makes gun possession very dangerous, allowing accidents to happen easily. Doctors have been opposing the bill on the grounds that it may lead to an increased risk of personal injuries and deaths, but the National Rifle Association is supporting the proposed legislation.

Currently, legislators in Texas, Arizona, New Mexico, Tennessee, Michigan, Oklahoma, Florida, Nebraska and Mississippi have all proposed legislation which would allow registered gun owners to carry guns on campuses. Advocates of the bills claim that in the wake of school shootings and violence, such new laws would give students and faculty the means to defend themselves. Opponents note that high stress and suicide rates as well as rates of theft in dorm rooms would make gun ownership a recipe for fatalities and personal injuries.

In addition to allowing guns on campuses, bill SB 234 would not allow doctors to ask patients about gun ownership. Only psychiatrists and psychologists handling psychotic or emergency situations would be able to ask such a question. Under the proposed legislation, doctors would be fined $10,000 for a first offense, a minimum of $25,000 for a second offense, and at least $100,000 for subsequent offences of asking a patient whether they owned a gun.

As a result, doctors have been opposing the bill as well, claiming that it can put them at risk and it interferes with their ability to determine whether a patient is a danger to themselves or others. Advocates of the bill, including the National Rifle Association, however, claim that doctors who ask patients about gun ownership violate second amendment rights. Bill SB 234 is sponsored by Sen. Greg Evers, R-Baker. In a vote, Sen. Gwen Margolis, D-Sunny Isles was the one opposing vote to the legislation.

Continue reading "Florida Gun Bill Could Have Impact on Florida Personal Injuries" »

Much has been written about drowsy drivers who can cause Florida car accidents and truck accidents. However, it is not only drivers who can be dangerous when driving tired. Airline pilots, too, can easily cause accidents when they do not have adequate rest to do their jobs well. In many reports and studies, federal airplane accident experts have targeted pilot fatigue as a cause of many airplane accidents.

Airplane accidents are often attributed to pilot error but official investigators have often targeted fatigue, long hours, training issues, and working conditions as potential problems which lead to pilot error. Even common sense tells us that a tired pilot can be more dangerous than a pilot who is well trained and well rested. However, while truck drivers face strict regulations regarding hours of service and rest periods, pilots have traditionally not faced similar rules. Under current rules, pilots need to take eight hours off duty each day, but this can involve eating, running errands, and other tasks – not necessarily resting. As well, pilots can work up to 16 hours in a row on overnight flights, legally, and can have longer workdays when flying airplanes without passengers.

The Department of Transportation has made a suggestion which would impose such rules. The proposed regulation changes would mandate shorter on-duty hours, required rest periods, and limits on flight hours. The proposed changes would mean that pilot rest periods would increase to nine hours and would only start when the pilot reached home or a hotel (so that the commute would not be considered part of the rest).

As well, the proposed changes would require that pilots get at lead eight hours of sleep during their rest period. Pilots would be able to spend no more than 13 hours of on-duty time each day, including stopovers, flight checks, and all related activities. As well, pilots who make many landings and takeoffs or who fly overnight would be limited to 9 hours on duty. Pilots who feel that they are too fatigued to fly safely would be protected by the new regulations, which allows pilots to turn down flights when they are tired, without allowing the airline to reprimand the pilots for such decisions.

It is possible that a decision about the proposed changes will be made in the summer or fall of 2011. However, critics note that the rules do not address some issues which are unique to pilots. For example, pilots often overnight in places other than their home city in order to meet scheduling requirements or commute long distances to get home. This pressure can also lead to problems getting adequate rest but is not addressed in the proposed regulation changes.

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Currently, it is statistically far more probable that a child will be injured in a Florida car accident than in an airplane accident, but The National Transportation Safety Board (NTSB) has been promoting child passenger safety in all modes of transportation, including airplanes. Unfortunately, currently many people do not consider passenger safety for children on airplanes, but accidents can and do occur to children on airplanes.

In Florida, children are required to use age-appropriate safety restraints and adult passengers of cars are required to wear seat belts. On airplanes, however, child-appropriate seats are not offered in most cases and even adult seat belts are only optional – adult passengers are asked to wear their seatbelts during take-off and landing but are allowed to remove the belt to walk around the cabin outside of these times. Unfortunately, adults and children can be thrown violently about the cabin in the event of an accident or turbulence, and this can cause severe head injuries, brain injuries, broken bones, and other problems. In an emergency landing, it can be very difficult for a parent to hold onto a small child, making the risk of injury very high.

The NTSB has suggested mandating child safety seats on airplanes, but the suggestion is fraught with difficulties. For example, most airlines offer free tickets to young children. New child safety seat regulations would require parents to purchase an additional ticket for their children, which would cause economic problems for both airlines and parents. Advocates of the proposed changes note that in any crash situation – whether a Florida truck accident or car accident or plan accident – the force of the crash causes passengers to be thrown about, while restraints have been repeatedly proven to help prevent injuries.

Currently, parents can purchase safety restraints privately which are age-appropriate for children and which are designed for airplane use. However, use of these restraints requires children to be given their own seat, where currently many parents hold their small child on their lap. However, these devices can help protect a child from harm.

Parents may want to keep in mind, as well, that in a Florida airplane accident, adults may have a distinct advantage over smaller children. With a larger body mass, adults may be thrown about less vigorously than children and may simply be able to remain calmer. They may be more aware of potential dangers and may be more prepared to brace themselves or take other actions to protect themselves. Children, with less life experience, may panic and may be more vulnerable to injury.

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