Florida Injury Lawyer Blog

Florida slip and fall accidents are often associated with the winter, when rains and cooler weather are common. However, summer is also a high-risk time for these types of personal injuries, especially among the elderly. There are many reasons why emergency rooms across Florida see Florida brain injury patients, broken bones, and other problems associated with slip and fall injuries:

1) More traffic and activity. More people are out and about in the summer, and more tourists flock to the state in the summer months. This can mean more pedestrian traffic and even crowds. In crowds, slip and fall accidents are more common, as it is easy to trip over someone's foot or handbag. Worse, slip and fall accidents in crowds can be more dangerous, as others can step on someone who has fallen, adding to the injury.

2) The effects of heat and the sun. Summer weather can lead to glare, which can cause visibility problems. Heat and sun can also lead to heatstroke, dehydration, and exhaustion, which can cause dizziness and even fainting. It is important to stay hydrated and covered up in the winter. Younger children and the elderly may need help getting extra water, as well as sunscreen, hats, and sunglasses to help protect against Florida weather.

3) More time outdoors. While extra exercise outdoors is a positive step, the outdoors pose a number of challenges, including uneven sidewalks and other hazards for the elderly.

4) More plant life. Untrimmed bushes and long grasses can hide obstacles and can lead to trip and fall accidents – as well as Florida premises liability claims. It is important to keep walkways and sidewalks clear of vegetation so that everyone can walk safely.

5) Water. Florida summers often mean pools, sprinklers, water fountains, watering the garden, and other water activities. However, it is important to keep in mind that water also means a bigger risk of slip and fall injuries. Around the pool, install no-slip treads. If you need to water your garden or will be using sprinklers or water fountains, make sure that the water does not seep or pool onto walkways, driveways, and sidewalks, where it can create slippery surfaces. As well, take a look at gutters at this time of year – when they are not cleaned regularly, they can cause pools of water to form near your home after summer showers, which can be dangerous for visitors and your family. As well, keep an eye on water indoors. Dragging in water from the pool can create slippery conditions indoors, too. Keep a rug by the door to catch wet towels and shoes. Clean up any spills or water on the floor promptly.

6) Summer shoes. Summer shoes may be designed to keep feet cool, but some types of summer shoes do not provide great support for walking or driving. Keep slide-on shoes and flip-flops for the beach. For everyday walking, choose sandals or shoes with good treads and good support. Shoes should close around the heel and not be in any danger of slipping off.

Continue reading "Florida Slip and Fall Accidents Don’t Just Happen in the Winter " »

The message about Florida drunk driving accidents has been out for a long time. However, boating under the influence is still a major concern in the state. Experts estimate that one in four fatal boating accidents are caused by intoxication or drug use, and Florida has more boating accidents than any other state in the United States. According to experts, there are many reasons why boating accidents caused by BUI (boating under the influence) are so hard to prevent:

1) Less awareness. Since the 1980s, many organizations have worked to create awareness about DUI. The dangers of drinking and driving are stressed in media campaigns and in driving instruction. Young drivers are encouraged to sign pledges not to drink and drive. According to experts, there is less awareness about the dangers of BUI and less social pressure to avoid BUI.

2) Conditions on the water can aggravate the effects of alcohol. The sun, wind, and vibration of the boat can make the effects of alcohol more pronounced. These factors can also distract a boater even more and can even make it harder for a boater to notice intoxication, according to some experts.

3) According to the Coast Guard, intoxication can create an inner ear imbalance which can make it hard for someone to tell the difference between up and down. This ear disturbance can make someone feel more intoxicated than they really are and can create a drowning hazard if someone intoxicated is thrown into the water. Someone who is intoxicated can easily become disoriented in the water, and have a hard time swimming to safety.

4) Most boaters are more confident and familiar with cars than boats. Even experienced boaters spend more time in cars than in boats, and most boaters spend a fraction of the time in water than they do in a car.

5) Boating conditions can lead to dehydration, which can exacerbate the effects of alcohol. According to the Alcohol Abuse and Alcoholism, drinking alcohol can lead to dehydration, and dehydration can make the effects of alcohol more pronounced. Boating usually involves hot, sunny days, which can easily lead to dehydration.

Even with all of these factors making BUI more likely, there is much that can be done. State, local, and federal authorities have been working to patrol Florida waterways more closely. In 2010, 323 BUI citations were written in Florida as a result of these efforts. As well, authorities and media outlets are making a larger effort to warn boaters about the dangers of boating under the influence. Hopefully, these efforts will help prevent Florida boating accidents this year and in the years to come.

Continue reading "Why Florida Boating Accidents Caused by Alcohol are Still so Hard to Prevent " »

Florida drivers have repeatedly been warned about the dangers of Florida drunk driving accidents. There are in fact many laws in place to prevent such accidents from taking place: among them, a law that makes it illegal to drive in Florida with an open liquor container. Boaters, however, are also vulnerable to operating under the influence. However, the laws affecting boaters are different. In Florida, boaters are allowed to drink and to have open containers of alcohol. However, it is illegal to operate a boat while under the influence of drugs or alcohol.

Authorities in Florida want to raise awareness about boating under the influence (BUI), which can be just as dangerous as driving under the influence. According to the Florida Fish and Wildlife Conservation Commission, impairment in a boat can be just as dangerous as impairment in a car, but many people do not see the two as the same. While the work of Mothers Against Drunk Driving (MADD) and other organizations have raised awareness about the dangers of DUI, authorities claim that work still needs to be done to raise awareness about the dangers of BUI.

The problem is especially a big concern in Florida, which has the most registered boats in the US – and the largest number of boating accidents. According to National Association of Boating Law Administrators, Florida boat accidents and BUI incidents increase during the summer, especially near holiday weekends. Florida has taken steps to reduce the number of fatal Florida boating accidents. For example, local and Florida authorities are working with federal authorities this summer to patrol Florida's water ways. Authorities have also reported plans for plenty of routine safety inspections on Florida's waters this year, especially near holidays.

According to authorities, if a boater in Florida is found to be operating a boat while intoxicated, the boat can be impounded and the boater can be charged. The boater can face jail time, fines, and even the permanent loss of boating privileges. The Coast Guard has developed a set of standards to help authorities test boaters for inebriation. This allows authorities to test boaters without the boaters having to stand or perform the tests which are routine in a suspected DUI test. The Coast Guard standards are intended to help authorities determine whether a boat operator likely has a blood alcohol content of 0.08 or more.

In Florida and across the US, BUI is a serious problem. According to some authorities, drugs and alcohol are a factor in about one quarter of fatal boating accidents. Just like driving drunk, boating drunk can delay response times and can lead to sleepiness or vision impairment. Worse, authorities point out that the wind, sun, and water can actually intensify the effects of alcohol in a boat.

Continue reading "Authorities Target Florida Boating Accidents Caused by BUI" »

Much has been written in recent years about the dangers of distracted driving. Indeed, distracted driving is blamed on many Florida car accidents and traffic accidents each year. However, bicyclists also need to use caution when riding distracted, according to police. There are many distractions that can contribute to Florida bicycle accidents:

1) Riding with headphones. Listening to music or any audio while riding a bicycle can isolate a biker and make it difficult or impossible for the biker to pick up important audio clues – such as the flow of traffic or car horns. Using headphones is very dangerous and can cause a traffic accident. While many bicyclists use music to drown out the noise of traffic with headphones, police note that the noise of traffic is often an important clue that can help bicyclists avoid a collision.

2) Visual obstructions. Anything that blocks a bicyclist's vision is a distraction and a danger because a bicyclist concentrating on poor visibility is not focusing on traffic. Long hair, poorly fitted bicycle helmets, and poorly fitted glasses or sunglasses can all contribute to visibility problems and distractions. A good helmet is vital, because it can help keep hair out of the face and can provide improved visibility while also providing the best protection possible against brain injuries. Good helmets also can be used in conjunction with specially-fitted glasses or sunglasses. These are less likely to slip and also provide protection against glare or debris.

3) Mobile devices. While Florida does not currently have a texting while driving or riding ban, there is little doubt that bicyclists should not be texting or talking on their phones while riding. Using a mobile device takes your mind off the road and causes you to ride with one hand, which provides less control of your bike if you need to act suddenly to prevent a traffic crash or Florida pedestrian accident. Using a mobile device also causes bicyclists to take their eyes off the road, which is dangerous. Finally, talking and riding at the same time has the same effect as wearing headphones – it isolates bicyclists from the important audio clues of traffic.

4) Poorly fitted clothing. It is important to always wear proper and correctly fitted clothing when riding. Loose clothing can get caught in the gears while uncomfortable clothing can cause you to lose focus on riding, as it is a distraction. Shoes are especially important, since incorrect shoes can make it easy for your feet to slip off the pedals, causing you to lose control of the bike.

Continue reading "Prevent Florida Bicycle Accidents By Riding Distraction-Free " »

In the summer, Florida's weather is hot and dry, creating ideal conditions for fires. In fact, according to the Florida Division of Forestry, Florida had 96 active wildfires as of early June 2011. In addition to wildfires, household fires can also be a larger concern at this time of year. Each summer, emergency rooms see an increase in the number of Florida burn injury patients and other patients who have suffered smoke inhalation or other fire-related injuries. According to experts, however, there are a number of things that can be done to help prevent such injuries:

1) Install smoke detectors in your home and your vacation home. Check smoke detectors and carbon monoxide detectors in your home and replace the batteries this week. Fire and smoke detectors are one of the most powerful defenses in your home. They provide an early warning system in the event of fire, giving you and your loved ones enough time to escape smoke and flames. Make sure that all your homes have functioning smoke detectors and make sure that any vacation home you are renting also has smoke detectors that work. Carbon monoxide alarms are also a very affordable safety system for your home. Carbon monoxide is an odorless and colorless gas that can be fatal. A good alarm can save your life.

2) Develop a safety action plan for fire in your home. Knowing what to do in the event of a fire can save seconds, which can help you avoid burn injuries and other dangers. Create a safety evacuation plan with your family for your home and summer home. Practice the plan quarterly. Your local fire department may have a template for a safety plan and may be able to help you develop a good plan of escape.

3) Stay alert to the danger of wildfires. Wildfires in Florida do pose a danger. Avoid areas affected by wildfires and ensure that your children do not approach wildfire areas. If anyone in your home is experiencing breathing problems or dizziness, seek medical attention. The smoke from the fires may be affecting your family's health.

4) Store flammable materials carefully. Gasoline and other flammables should be stored in a cool, dry place, well out of children's reach. Never store containers of flammable liquid where they may be exposed to heat or flame.

5) Be aware that summertime activities such as fireworks, barbecues, and bonfires pose a significant danger. If you will be taking advantage of the weather to have a bonfire or barbecue, have a fire extinguishing system on hand and make sure that you create a safe fire or barbecue. Never use flammable liquids to accelerate the fire and pay attention to the news – if the weather in your area is very dry, you may not be permitted to have open flames on your property.

6) Be aware of the secondary dangers of fires – especially large wildfires. According to the Centers for Disease Control (CDC), smoke can be dangerous, especially for those who are elderly or have compromised respiratory systems. Smoke actually contains fine particles (usually residue from burning trees and matter) as well as gas. This can irritate respiratory systems and eyes and can aggravate serious lung and heart conditions. According to the CDS, those with lung or heart disease or respiratory ailments should stay alert to updates about wildfires in their area. If there are wildfires present and smoke is in the air, those who are vulnerable should limit time outdoors and should keep doors and windows closed to avoid exposure to smoke. If air condition is required, change filters often and keep fresh-air intakes closed while running air conditioning systems.

7) Develop safety systems in your home. Keep fire extinguishers in your home (especially in the kitchen) and have them tested periodically for efficiency. As well, if your home has two or more stories, have a method of escape in the event of a fire. A simple under-window escape ladder is inexpensive and can save lives.

Continue reading "Florida Summers Can Mean High Risk for Fires and Burn Injuries" »

A recent decision by the Florida Supreme Court could make it easier for Florida asbestos case plaintiffs to pursue justice, as the court decision rejected part of a law dating back to 2005, a law which limited plaintiffs' ability to sue for injuries caused by asbestos. According to some legal experts, the court decision could make it easier for thousands of Florida personal injury claimants affected by asbestos to pursue cases which have been stalled in lower courts. Interests representing companies and defendants noted that the decision could create a flood of lawsuits which could burden Florida's justice system.

The decision by the Florida Supreme Court determined that the 2005 law was unconstitutional because it violated the right to due process. The 2005 law demanded that plaintiffs in asbestos cases show physical injury through lung capacity, chest x-rays and other means before pursuing a lawsuit. More worryingly, the law also meant that the legislature tried to apply these requirements retroactively to cases filed before the law came into effect. Another troubling thing about the requirement is that in many cases, asbestos-related illnesses such as mesothelioma occur many years and even decades after exposure to asbestos, making discovery and evidence-gathering very challenging.

Justices R. Fred Lewis, Barbara Pariente, Jorge Labarga, Peggy Quince, and James E.C. Perry agreed to reject part of the 2005 law while Chief Justices Charles Canady and Ricky Polston in the Florida Supreme Court dissented. Justice R. Fred Lewis noted that people who have sustained injuries due to the actions or negligence of a party can pursue a legal claim, without prejudice to the level of their injury or symptoms. Justice Charles Canady, however, argued that Florida law does not allow plaintiffs in asbestos cases to sue if their health has not been damaged.

Asbestos is a material that was frequently used in building and construction industries decades ago. Asbestos was especially prized for its resistance to high heat and fire, making it popular in a variety of construction projects. However, research eventually showed that asbestos particles could be inhaled. Once inhaled, they can remain in the body for years and eventually cause cancerous growths. In some cases, asbestos exposure eventually causes mesothelioma, a type of cancer that attacks the linings of major organs such as the lungs.

The new decision could make it possible for asbestos victims to pursue cases in court, without having to extensively prove debilitating injuries. If you have been diagnosed with mesothelioma, the cancer caused by asbestos exposure, now is a good time to discuss your case with a Florida personal injury attorney. As well, if you have suffered other injuries due to asbestos exposure, you may wish to speak with a qualified, experienced mesothelioma attorney in Florida about your case.

Continue reading "Could Court Ruling Affect Florida Asbestos Cases? " »

Florida leads the nation in boating accidents, but lately a great deal of emphasis has been placed on another type of Florida water-related injury: parasailing accident injury. This year, there has already been a parasailing fatality in Sarasota County and since 2002 there have been nine deaths as well as a number of injuries. Experts and Florida personal injury victims claim that lack of safety regulations are to blame for the accidents. Currently, there are no equipment and safety standards for parasailing operators, and attempts to impose such rules have not been able to pass the legislature.

No government agency even tracks the number of parasail operators in Florida, but it is estimated that in 2011, there were between 70 and 120 such enterprises in Florida alone. Many are in cities such as Daytona Beach, Fort Lauderdale, and other cities with strong tourism markets. Many tourists trying out parasailing spend considerable money on the adventure and many assume that the industry is regulated. In Florida, this is currently not the case.

The Federal Aviation Administration regulates many businesses, but the agency lists parasail as "kites." As a result, they are only regulated to the extent that they are kept at a safe distance from flight paths. The Coast Guard inspects boats and licenses boat operators of all water craft above a certain size. However, the agency does not regulate the procedures, training, parachutes, harnesses, and other facets of a parasailing business. Therefore, the parasailing equipment, towlines, are harnesses are not regulated by any agency.

According to experts, many parasailing accidents occur because of equipment failure or due to towline separation. Since Florida does not currently have any regulations in place for equipment, it is challenging to ensure that all operators use safe equipment. Reputable operators work to ensure that they protect customer safety, but with no federal regulations, there are no formal requirements for safety.

Parasail operators and the parasail industry have been supporting the introduction of safety standards for parasailing. In fact, the Parasail Safety Council helped draft the Alejandra White Act – the bill which would have imposed safety standards, regulations, and insurance on parasail operators in Florida. That bill failed to pass legislature. The Parasail Safety Council has stated that until regulations and standards are in place, injuries will continue to take place. In an effort to stem more Florida brain injuries and serious life-threatening agencies, it is likely that a new bill will be introduced in the next session to regulate the industry.

Continue reading "Florida Parasailing Rules – Do We Need More Rules to Prevent Personal Injury? " »

Over the holiday weekend, two people were injured in South Florida due to fireworks-related accidents. A man in Coral Springs sustained serious injuries to the face when hit by a firework. A man in Pembroke Pines was also injured when trying to light a firework. In Coral Springs, a garage fire that caused extensive damage over the weekend was started when someone was lighting fireworks and one of the fireworks traveled further than anticipated. In all three cases, the injuries involved fireworks displays at home.

Home fireworks cause Florida burn injuries and other serious injuries each year. They can cause damage the eyes and face, as they can misfire or fire more quickly than users suggest. Since children are especially attracted to fireworks, they are also a cause of injuries to children and teens.

Now that the Fourth of July weekend is over, however, there is still cause for parents to remain concerned and vigilant. Many retailers still sell fireworks after the holidays and in many homes, leftover fireworks are left over from the holiday. As well, some retailers offer discounts on unused stock, making them an attractive purchase for teens.

If you have fireworks in your home, now is the time to dispose of them or store them safely. Read the instructions and warnings on the label and be sure to follow all directions carefully. If you are saving fireworks for later in the summer, store them well out of reach of children, preferably in a locked room or cabinet that stays cool and dry. Make certain that children cannot easily access the keys to the area.

If you have older teens, consider having a talk with them about fireworks safety. Discuss the risks of burn injuries, eye injuries, and other common fireworks-related injuries. Set rules about fireworks. For example, make sure that your children know that unsupervised fireworks are out of bounds and discourage them from purchasing fireworks from retailers to use in private.

If you plan on having some fireworks display for an event this summer, consider leaving it to the experts. Professionals can put on very impressive displays while keeping you and your family safe. If you do decide to launch your own fireworks, do so with caution and by following all manufacturer's directions.

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