Florida Injury Lawyer Blog

If you have a summer home in Florida and will be going away once the summer is over, this is the time to ensure that your summer home is safe while you are away. Even when you are away from your summer home, keep in mind that people may be on the premises. If anyone is injured on the premises while you are away from your summer home, you could find yourself in a Florida premises liability lawsuit. To avoid this, make sure that you close up your property correctly:

1) Take precautions against break-ins. Break-ins can ruin your summer home and can create problems with violence or criminal activity taking place on your property. To avoid people using your home as a place for covert activities, install a security system and lock up your home correctly. Make sure that all windows and doors are correctly locked and are in good condition to withstand break-in attempts. Trim back trees and hedges to ensure that criminals do not have a cover for their activities. Consider a gate or fence to prevent people from entering your property without your permission.

2) Secure your pool area. One of the most common property disputes concerns unsecured pools. You do not want someone to enter your pool area while you are away and suffer a Florida pool injury – or worse. If your summer home has a pool, use an alarm system, self-locking gate, and pool cover to keep the area secure.

3) Set up a maintenance or monitoring service. One of the best precautions you can take is to ensure that someone is keeping an eye on your summer home. You can hire a service to check on your property and maintain it correctly while you are away. You can also install security cameras so that you can monitor your summer home while you are away. Some homeowners choose to rent out their summer homes during the fall, spring, and winter. If you decide to do this, however, you will need to screen potential tenants carefully and check local by-laws concerning renting before you go ahead.

4) Consider extra insurance. Additional insurance can help protect you legally if someone is injured on your property and seeks a claim against you.

5) Take precautions against fire. Fire can destroy your property and surrounding properties as well. Before you close up your summer home, check your smoke and fire detection alarms. If at all possible, install alarm systems that will warn you of potential problems at your current address. Some security systems, for example, will give you a phone call if they detect smoke in your summer home.

You want your summer home to hold only wonderful memories for you and your family. Taking precautions against injury ensures that tragedy is less likely to happen in your summer home.

Continue reading "Reducing Florida Premises Liability Risks and Injury Risks by Closing Up Your Summer Home Correctly" »

Back to school shopping traditionally means savings on clothing and school supplies. However, stores often discount a wide range of products at this time of year, making this the ideal time to stock up on items that can help you and your family stay safe:

1) Bicycle Helmets. Whether your children will be bicycling to school (or friends' houses) or whether you want to take rides to see the autumn leaves, you need a good bicycle helmet. While you don’t want to entertain the idea of a serious Florida bicycle accident affecting your family, the truth is that these accidents happen every day. Wearing a helmet is one of the best ways to avoid a brain injury or fatal injury if you are in an accident. Many stores are putting bicycles and bicycle helmets on sale at this time of year to make room for winter sport stock. This is also a great time to stock up on reflective clothing or lights for your bicycle, for night rides.

2) Pool accessories. Again, since stores are getting fall and winter stock, they want to get rid of summer accessories, and that often means pool-related items. This is a great time to buy pool covers, self-locking gates, and even alarms for your pool area. These items will likely be on sale and can help keep your pool safer all year long, helping you to prevent a Florida premises liability lawsuit.

3) Computer programs and software. You may not think of computers as having anything to do with your safety, but they do. Many office supply stores have computers and computer accessories on sale at this time of year, and this is a perfect time of year to buy a full suite of anti-virus and anti-malware programs for your home computers. This type of software can protect you from identity theft. You may also find computer-based home security and home monitoring systems on sale. These can also help keep your home safer and can protect you against Florida premises liability claims.

4) Sports equipment. If your children take part in school sports and activities during the school year, this is the time to stock up on mouth guards, sports equipment, and the right helmets for your children's sports. Pay special attention to helmets – they can help prevent concussions and brain injuries.

5) Fire safety equipment. Having working smoke alarms in your home can help you reduce your risk of sustaining a serious Florida burn injury. At this time of year, batteries are often on sale to fuel all those back-to-school electronics and gadgets. Take advantage of that by stocking up on batteries and checking the batteries in your smoke detectors at home. In addition, larger stores sometimes have "dorm safety" kits on sale at this time of year for students going away to college. These kits sometimes contain fire extinguishers and first aid kits. This can be a good investment for your home.

Continue reading "Fall Sales Can Mean Great Deals on Safety Equipment" »

If you have a teen headed to college for the first time, there is probably a lot of excitement in the air. Moving away from home for the first time and starting college life is a major milestone. It brings many new opportunities and much excitement, but it also brings some challenges and risks. Your teen may not be worried about safety at school, but it is something you will want to keep in mind. While college campuses are generally safe in the US, each year crimes and accidents do occur on college property and instances of violence on campus keep parents anxious. You can keep your new student safer if you:

1) Find out about personal safety precautions on campus. Colleges are held liable if they do not take precautions to help keep students safe, but many students are unaware of the safety features of their campus. Many Florida premises liability lawsuits occur when campuses do not take due precautions. Find out about the safety features of your child's school and make sure your teen knows where to find help on campus. If there is a walk-home safe program for late night study sessions, make sure your teen knows. If there are emergency buttons on campus or a security station, let your teen know. Find out if the school has an emergency preparedness plan in the event of an instance of violence. If there are known dangers or issues at the school, join other concerned parents and students in alerting the school.

2) Help your teen select safe appliances and accessories for the dorm room. When your teen is choosing items for the dorm, consider safety as well as functionality. Make sure to check about dorm rules before buying items such as candles, microwave ovens, and toasters; some dorms do not allow these types of appliances.

3) If your college student is heading to school with their own car, give them a going-away gift: have the car serviced. A well-maintained car is more likely to respond correctly and could help save your teen's life. If your teen is going away to college in a state with harsh winters, give your teen free winter driving lessons and winter tires. If your teen has always driven in Florida, he or she may know how to avoid Florida car accidents but may struggle with winter driving.

4) Create an emergency kit for your teen. Include a first aid kit, a cell phone, a list of emergency numbers, and useful safety tips. You may also want to include a basic tool kit and sewing kit for less-serious "emergencies."

5) Talk to your teen about safety at home. If your teen has never lived away from home, review the basics of fire safety and personal safety when living away from home. Review things such as locking the door and using caution on campus. Many teens know the basics, but reviewing safety rules is important for building good, safe habits.

Continue reading "Are Your Teens Headed to College This Fall? Help Them Avoid Personal Injury on Campus" »

As the summer draws to a close, many people are celebrating the final days of the warmest part of the year with parties and special events. At the same time, everyone's schedule is getting more hectic with back-to-school preparations. If you want to stay safe heading into fall, make sure that you:

1) Monitor your pool – and have a good pre-winter clean-up plan in place. If you will not be using your pool in the summer, make sure that you secure it well, using an alarm system, self-locking gate and secure pool cover. Before fall gets here, be aware that children are still home from school, and a sparkling pool on a hot day is a great temptation. Keep your pool gate closed at all times – even if you are only headed into the house for a minute – and use your alarm system and lock to keep unwanted visitors out.

2) Have a get-home safe plan at all times. End-of-summer parties usually mean alcohol and barbecue, so avoid become a Florida drunk driving accident statistic; have a plan to get home safely. Better yet, have a few alternatives to get home so that you are never tempted to drink and drive.

3) Avoid distracted and fatigued driving. If you have children heading back to classes, especially, this time of year can be very hectic. This can make it easy to get into a car accident, especially since many mall and shopping center parking lots are chaotic and hectic. Give yourself plenty of time to get your back-to-school errands completed so that you are not distracted by all you need to get done. When shopping and running errands, keep your cell phone tucked away so that you can focus on driving safely. As well, make sure that you get plenty of sleep. As the daylight fades faster at this time of year, it is natural to feel a little more groggy. Compensate with a little bit of extra sleep.

4) Stay alert for recalls. Many parents and families stock up on school supplies, electronics, and other must-have items at this time of year. However, just because these items are in stores, that is no guarantee that they are safe. Sign up for a recall warning list online, so that you can be informed when items are recalled. It can help prevent a Florida products liability suit.

5) Practice safe boating – and get ready to store your boat safely. If you are storing your boat for the winter, make sure that you have a good plan for keeping your boat safe until next summer. Keep in mind that if you boat is not stored safely, you could be held liable if someone gets injured. If you plan on heading out on the water again, make sure that you practice safe and sober boating at all times.

6) Clear up and secure your summer home. If the end of summer also means leaving your summer home, make sure that you secure it correctly.

Continue reading "Preventing Personal Injuries on the Last Weekends Before School Starts" »

Back to school season is an exciting time. It is also a time when parents need to stay vigilant about injuries to children and minors. There are several things that parents need to consider during back to school:

1) Consider commuting. The commute and drive back from school represent the riskiest time for your child, as the school commute exposes your child to Florida pedestrian accidents, car accidents, and other forms of injuries. Whether you drive your child to school or whether your child takes the bus, take some time before the school term to review safety. If your child bicycles to school, review the route and ensure that your child will wear a well-fitted helmet to and from school to prevent brain injuries. Make sure that your child will not be texting or listening to music while riding or walking to school, as this will distract them from traffic. If your child is walking to school, review pedestrian safety and consider having your child walk with a friend for safety. If you will be dropping off your child at school, consider whether the school has a drop-off zone you can use. As well, consider which routes are best and least congested.

2) Consider your child's school activities and after-school activities. Many childhood Florida brain injuries occur as a result of sporting activities. If your child is taking part in any school clubs or after-school activities, make sure that correct safety precautions are being taken and ensure that your child has the right safety equipment to stay safe.

3) Set up a system so that you can know where your child is at all times. Many Florida parents use cell phones to ensure that children can reach them at all times. It is also useful to set up a schedule at home, so that it is easy to keep track of where everyone is headed throughout the day. In the first few weeks of school, it is natural that your children will make new friends. Ensure that you have the names and phone numbers of these friends (and their parents) so that you can contact them easily if you need to.

4) Volunteer at your child's school or keep up with developments at the school. Getting involved at your child's school – whether through Parent Teacher Associations or volunteerism – helps you notice any safety problems or issues that need to be addressed. If you cannot spend the time, at least get involved through social media or through newsletters so that you know what is happening at the school.

Continue reading "Preventing Back-to-School Personal Injuries in Florida" »

Florida has excellent diving conditions. In addition to excellent weather and warm waters, the coast off of Florida has some amazing features, including shipwrecks and reefs which are very popular with divers. Each year, many visitors and tourists arrive in Florida just for the purpose of diving. While most divers in Florida leave with great memories and smiles, each year some divers are injured and even killed in diving accidents. In 2011, nine divers have been killed in the Florida Keys alone.

1) Instruction. Divers must be certified in order to take part in most diving activities. More complex dives – such as dives into shipwrecks – require additional certification and training. Just as new drivers in Florida are more at risk of Florida car accidents, new divers are more at risk of personal injury and accidents. In one of the most recent Florida diving accidents, one of the two divers who passed away after a diving accident had limited experience.

2) Operators. Divers require boats and assistance at dive sites and there are a number of operators in Florida, offering diving adventure packages. Quality operators take additional precautions to ensure that divers ensure safe dives.

3) Human error. In some cases, human error contributes to diving accidents and fatalities. In a recent diving accident off Florida's Plantation Key, divers may have made some errors when trying to share a regulator mouthpiece. In that diving accidents, two divers lost their lives.

4) Equipment Failure. Divers require a range of equipment for diving, including an "octopus" regulator mouthpiece to assist breathing, tanks of gas and oxygen, and weights and buoyancy compensators to control the dive. When equipment failure takes place – due to faulty equipment or for other reasons – fatalities can occur. For example, during the Plantation Key accident, a diver's air line was leaking and the diver was unable to use her buoyancy compensator to bring two divers up to the surface. In cases where equipment is faulty, divers and their families may have a Florida products liability case.

5) Physical condition. Many individuals do not realize that diving is actually riskier than driving a car. Diving can put additional pressure on the heart and lungs as well as on other organs, especially during deeper dives. Divers need to be in good physical condition and in physically fit shape in order to dive. Underlying medical problems can cause complications on a dive and can lead to accidents or injuries.

If you would like to take advantage of Florida's amazing dive sites, the Flaxman Law Group hopes that you will have a wonderful and injury-free experience. However, to help prevent diving accidents, the legal team would also like to remind readers to:

1) Check equipment or have an instructor check equipment before each dive.
2) Get the training and certification you need for your dive and work your way up slowly to more challenging dives as you gain experience.
3) Dive with experienced divers.
4) Check the credentials and experience of diving instructors and diving operators before signing up.

Continue reading "Diving Accidents Cause Florida Personal Injuries at This Time of Year" »

Although motorcycles and passenger vehicles share Florida's roads, drivers and riders are not subject to the same laws and insurance coverage. In fact, Florida motorcycle accident victims face unique challenges after their accidents, which is one reason why it is important to work with a Florida personal injury attorney after this type of accident.

One challenge for motorcycle accident victims is that injuries can be far more severe from a motorcycle accident than from a Florida car accident. Car accident victims are protected by seat belts, windshields, and by the structure of their vehicle. Riders do not have any such protection and are often thrown from their motorcycle in an accident. Accident survivors may face permanent injuries or injuries that require long-term care and recovery. As well, Florida does not currently have motorcycle laws for riders. When riders are in an accident and are not wearing a helmet, the risk of serious brain injury and fatalities is much higher. For this reason, it is important to always wear a helmet when getting on a motorcycle, even if the law does not require it.

Motorcycle accident victims face other challenges as well. Many insurance companies have very low offers for motorcycle accident victims, even though such victims are in fact more likely than car accident victims to have long-term and expensive medical costs. Many accident survivors find that they need to work with an experienced Florida motorcycle accident attorney to recover a fair settlement that covers medical expenses, lost wages, and other damages caused by the accident.

Florida laws do protect motorcycle accident victims. If you have been in a Florida traffic accident while riding your motorcycle, you can seek compensation for any damages caused by the recklessness or negligence of any liable parties. Victims can seek compensation for medical costs, lost wages, suffering, loss of quality of life, and property damage caused by the accident.

The laws surrounding motorcycle accidents are more important than ever before. Thanks to the lower costs of motorcycles and the good mileage these vehicles offer, many Florida residents are turning to motorcycles as an alternative form of transportation for financial reasons. It is important for these new riders to be aware of their rights in an accident. If you have been in a Florida traffic accident on a motorcycle, contact a qualified Florida attorney soon after your accident to be apprised of your rights and legal choices. A good attorney can negotiate on your behalf with insurance providers, can investigate your accident, can represent you if you decide to seek legal redress, and can ensure that you make an informed decision in your case.

Continue reading "Understanding Your Rights After a Florida Motorcycle Accident " »

Summer is supposed to be about fun and excitement. Unfortunately, breaks from routine and some summertime activities can create a host of risks and hazards, including:

1) Amusement park accidents. Summer is peak time for Florida's many amusement parks, but larger crowds can also mean more traffic and more accidents. In May 2011, a woman was found unconscious at a ride at Walt Disney World's Magic Kingdom. In March 2010, an employee at Walt Disney World was injured after a guest struck him with a car. That same month, eight people were injured in a Florida bus accident near Epcot. The crash involved a Disney bus and Waldorf-Astoria bus near Epcot. In April 2010, a boy was killed after being struck by a bus at Disney's Fort Wilderness. In March 2011, a Disney employee was injured after being struck by a guest driving a car.

2) Pool accidents and near drownings. Unfortunately, Florida pool accidents are very common in the summer, when many residents flock to pools to beat the heat. If you have a pool, make sure that it is well supervised and has a self-locking locked gate that keeps the pool safe when you are away. As well, there are devices that can be worn on your child's wrist. When the devices are submerged in water, they emit an alarm.

3) Boating accidents. Authorities have been cracking down on Florida boating accidents – especially those caused by boating under the influence – but the state still leads the nation in the number of boating injuries and fatalities. To enjoy boating safely, take advantage of a boating course and be sure to always boat sober. Have enough life jackets for all your passengers.

4) Burn injuries. Summer can mean a higher risk of burn injuries, partly because of more fireworks and more grilling and barbecuing. Make sure that your smoke detector systems are working and have fresh batteries this summer. If you decide to grill or have a fire near your home this summer, have a fire extinguisher handy and ensure that flames are well away from the house and from any flammable areas (such as the deck).

5) Traffic accidents. More road trips during the summer and more traffic during tourist season can mean more Florida bus accidents, bicycle accidents, car accidents, and traffic accidents. This is a good time to pledge not to drive distracted or under the influence – and stick to that resolution. It's also a good idea to have your car checked, since a car that responds well can help you avoid a collision.

6) Children left behind in cars. In the summer, a closed car can become dangerously hot in just minutes, yet every year some parents forget a child or pet in a car when running errands – sometimes with tragic consequences. This summer, two children in Southwest Florida were forgotten in a car in the space of one week alone; one child in Cape Coral passed away as a result of the injuries sustained. It is important to always check the back seat of the car when stepping out of the car. As well, there are devices available which sound an alarm when a parent walks six feet away from the car with a child still in the back seat of the vehicle.

Continue reading "Florida Summer Injuries Affect Children and Adults " »

The long days of summer mean more children out and about – and more pet owners enjoying the sunny days with their best friends. However, more pedestrians and more dog owners out together can also mean a greater risk of dog bites.

If you are a pet owner, take precautions to keep your pet and your community safe. There are several good ways to do this:

1) Take your pet to the vet regularly. Dogs are more likely to bite if they are ill or in pain, and regular visits to the vet ensure that your pet is healthy and therefore less likely to bite. Good communication with your vet also ensures that your dog has all the necessary vaccinations needed to keep your pet and your community safe.

2) Never allow your dog to roam without a leash. If your pet is free in the yard, make sure that children do not have easy access to the yard. If you take your dog for a walk, keep him or her on a leash to prevent him from running after children or people. If your dog tends to nip or has any behavioral problems, place a muzzle on your dog as well until you can get help from an obedience specialist.

3) Get your dog socialized. Get your dog to spend time with other dogs – either at a dog park or with other pet owners. Dogs who are well socialized may be less likely to bite, according to some specialists.

4) Get obedience training for your pet. One of the best ways to prevent dog bites is to get your pet into obedience training as soon as possible and to consult with training specialists until your dog obeys you faithfully and does not show signs of nipping or any aggression (even play aggression).

If you have a child and are worried about dog bites, it is important to teach your child about dogs. In many cases, children scream or run from a dog, which can provoke an attack. Some children will also approach or even tease strange dogs, unaware of the danger of this behavior. If you can keep a dog in the home, this can be a good way to teach your child about the correct way to care for a pet. If you do not have a dog at home, consider spending time with friends who do own dogs, so that your child can get used to the right way to approach an animal. Teach your child to never run away or provoke an animal, as well.

Keep in mind that adults need to consider dog bites as well. Florida dog bites involving children do tend to be more serious. Children attacked by dogs are more likely to become Florida brain injury patients or to suffer permanent or serious injuries, since they are smaller and dogs can more easily attack the face and head. Nevertheless, a dog attack can also be serious for an adult. A dog bite can cause broken bones, scarring, infection, trauma, and weeks or months of recovery time, even for an adult. Adults need to periodically review the safety tips for avoiding dog bites:

1) Never approach strange dogs.
2) If a dog is off a leash and approaches you, do not run. Face the animal and back away slowly.
3) If you are bitten, get information about the dog and owner, if you can, and get immediate medical attention.

Continue reading "Avoiding Florida Dog Bites During the Dog Days of Summer" »