Parents spend a lot of time choosing the right day care facility. It takes a lot to trust someone else with the well-being of your young child.childgroup

But sometimes despite even a parent’s best efforts, a day care injury results anyway. Determining whether the injury was the result of negligence and whether it’s compensable will involve weighing a number of factors.

Generally, day care facilities have total and complete control over your child’s activities and have a duty to adequately staff, properly hire and fully supervise what goes on. When they fail to do those things and your child is injured as a result, a day care accident lawsuit may be your only remedy to ensure compensation – and justice.  Continue reading

A construction accident in South Florida resulted in two worker injuries at a parking garage on the Miami-Dade College Campus in Doral recently. construction2

According to NBC Miami, one of the huge concrete plates that interconnect to the main structure crashed down onto the third floor of the parking deck. Although crews are not calling the construction accident at “collapse,” video of the scene shoes the slab clearly cracked and fallen onto the lower level of the garage.

Crews with the Miami-Dade Fire Rescue had to lower the two workers down before transporting them to a hospital. One appears to have suffered a serious leg injury.  Continue reading

A Florida boating accident on Lake Maitland resulted in three serious injuries – including the daughter of state Sen. David Simmons (R-Altamonte Springs). boating

According to WFTV-9, two others are in critical condition while Simmons’ 18-year-old surfer/ model daughter suffered a broken femur. The boat belonged to Simmons, who was not on the boat and said it was taken without his permission. The group was celebrating the teen’s boyfriend’s birthday, according to witnesses.

Arrested with causing serious injury while boating under the influence was 45-year-old Krystyna Vitiello, Simmons’ ex-sister-in-law. Per F.S. 327.35, a person is guilty of boating under the influence if he or she operates a vessel while either under the influence of alcohol or drugs or with a blood-alcohol level of 0.08 or higher. If the person commits BUI with serious bodily injury against another, it’s a third-degree felony, punishable by up to five years in prison.  Continue reading

A local auto dealership may be facing a vicarious liability lawsuit soon, following a tragic car accident in Delray Beach in which a mechanic behind the wheel lost control of the car and smashed into a motorcycle, fatally injuring one of the riders. driver1

According to The Sun-Sentinel, the Ed Morse Toyota Scion, which is part of the larger Ed Morse Automotive Group, offered condolences to the family of the decedent, a Canadian woman who was the rear passenger of the bike.

Police with the Delray Beach department allege that a mechanic for the auto dealership was speeding along Dixie Highway when he reportedly lost control of the vehicle, a 2002 Lexus sedan. He was reportedly test-driving the vehicle.  Continue reading

Usually, perpetrators fleeing a crime scene will be afforded little protection under the law for injuries they sustain as a result. highway2

However, there are exceptions and it’s important to consider that under Florida’s comparative fault statute, F.S. 768.81, those who are partially to blame for their own injuries can still collect damages from others who shared responsibility.

The recent case of Roddey v. Wal-Mart, though not a Florida case, is a good example of this. In this South Carolina Supreme Court case, justices were asked to decide whether lower courts erred in issuing a directed verdict in favor of a store whose contracted security guard chased down an alleged shoplifter – with fatal consequences.  Continue reading

In many Fort Lauderdale car accident cases, the amount of damages available will be determined by how much insurance coverage is involved. highway1

Auto insurance policy limits are generally expressed as:

  • Amount per person;
  • Amount per accident.

So let’s say there is a policy that allows $100,000 per person and up to $150,000 per accident. That would mean if only one person is hurt, he or she could collect up to $100,000. However, if two people equally suffer $100,000 in damages, the most either could collect would be $75,000 – because the policy limit is $150,000.  Continue reading

When a drunk driver crashes into your vehicle in Florida, what recourse do you have to recover damages?beer

The answer depends on the underlying circumstances, but generally, you will want to explore:

  • The at-fault driver/ insurance;
  • The owner of the vehicle/ insurance;
  • The employer of the at-fault driver (if he or she was working);
  • The establishment that served the at-fault driver alcohol.

That last one – which falls under Florida’s dram shop law – will only work if the drunk driver was either under 21 or known to the establishment to be habitually addicted to alcohol. Per F.S. 768.125, those are the only circumstances under which an establishment may be held accountable for the injurious actions of a drunk driver.  Continue reading

A huge spring break party in Plantation that involved a residential home packed with 400 people ended tragically in gunfire, the death of one man and the serious injury of four others.party1

The Sun-Sentinel reports the body of Serge Pierre Dumas, 28, was later located inside by authorities, who combed the five-bedroom, two-story property shortly after receiving complaints about noise and parking. As the officers were standing outside, shortly before midnight, gunfire rang out. In addition to the one decedent, three women and one man were transported to Fort Lauderdale’s Broward Medical Center with gunshot wounds.

The shooter, who has not yet been identified, allegedly escaped as people started pouring out of the house.  Continue reading

Late last year, journalism non-profit ProPublica revealed a troubling trend: Nursing home abuse and exploitation in the form of social media posts. The images and video clips are taken by staffers and show elderly and dementia patients captured in degrading and dehumanizing poses, conversations and actions. phone

Staffers post these images to various forms of social media, but mostly to Snapchat, a platform in which images are supposed to vanish after a certain period of time. But aside from the fact that such a violation can do damage no matter how long they are posted, the images are not actually impermanent because users can screen-shot and copy them.

ProPublica revealed at least 37 known instances from December 2012 through December 2015. Many more instances likely never came to light. More than half of those documented cases involved Snapchat.

Now, a number of lawmakers are calling for action from the U.S. Department of Health and Human Service’s Civil Rights division, as well as the U.S. Department of Justice.  Continue reading

Just because a Fort Lauderdale car accident occurs at relatively low speeds does not mean it cannot cause serious injuries. Consider that a typical passenger car weighs about 2,000 pounds. If that vehicle makes impact at 10 mph, it’s going to strike with 3.7 tons of force.caraccident

Of course, this has the potential to cause injuries.

Still, that won’t prevent the at-fault driver from asserting the low-impact defense if they can help it. They will try to introduce as evidence pictures of the minimal amount of damage to the vehicle. They may also introduce witness testimony to illustrate the crash occurred in stop-and-go traffic or while vehicles were not traveling fast. They may also highlight the fact that plaintiff refused medical attention immediately after the crash, insinuating that plaintiff may be exaggerating the extent of his or her injuries.  Continue reading