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Broward Injury Lawyer Blog

If you are injured in a slip-and-fall accident in a Florida business, you may be entitled to collect damages. However, just because you fell and were hurt doesn’t automatically mean you are entitled to damages. injury lawyer

Each state has its own set of criteria for what must be proven, though it’s often similar. Florida updated its slip-and-fall statute a few years ago. F.S. 768.0755 requires plaintiffs to show that the business created a condition that was dangerous or was directly informed about the condition (this is known as direct knowledge) OR that the hazardous condition existed for so long the business should have discovered it or that it occurred with such a frequency that it was foreseeable to the business. Plaintiff must also prove defendant business was wrong in failing to correct or warn patrons about the danger.

Meeting this proof burden means having a Fort Lauderdale injury attorney who will advise and help you in collecting pertinent evidence and throughout the legal process.  Continue reading

The Fourth District Court of Appeals has reversed a $3.6 million damage award in the case of a pregnant woman killed while lounging poolside by a hotel, where she was struck by a drunk driver. Plaintiff, decedent’s husband and father of their unborn child, who also died, alleged the hotel was negligent in failing to create a barrier between the cabana and the road, which plaintiff alleged was known to be a hazardous condition.criminal defense

Although the trial court decided the case in plaintiff’s favor, finding the hotel 15 percent at fault, the appellate court reversed, finding the trial court should have issued a directed verdict on the issue of negligence and also addressed a number of impermissible comments made by plaintiff’s attorney during both opening and closing arguments.

Though the outcome is disappointing for plaintiff, it’s important to highlight why the court decided the way it did, as it’s likely to affect future cases. While this case began with the irrefutable negligence of the drunk driver, this claim at its heart was one of premises liability. The assertion was there was a dangerous condition on the property, defendant hotel knew or should have known about it and yet failed to address it or warn patrons of it.  Continue reading

Disputes with landlords and tenants in Florida may be common, but what is not disputable is that landlords owe a duty of care to residents to maintain a reasonably safe property.oldwindow

Landlords who slip on maintenance and management of properties to save a buck may ultimately find it will cost them. Premises liability claims against landlords can stem from a host of issues that may result in injuries including:

  • Slip-and-falls due to slick floors or broken handrails;
  • Trip-and-falls due to failure to clean debris or properly light the common areas;
  • Water damage can result in mold which may result in respiratory illness;
  • Poorly illuminated, maintained or secured swimming pools can pose slip-and-fall and drowning risks;
  • Failure to update smoke detectors to warn residents of a fire or smoke hazards;
  • Failure to secure and light parking lots, screen doors or other entrances to the property can leave tenants and visitors vulnerable to crime.

Continue reading

A recent report by Harvard Medical School revealed the rate of medical malpractice claims paid out in the U.S. has dropped substantially over the last 20 years – by 56 percent. Meanwhile, the average payout for successful claims has climbed by nearly 25 percent, reaching about $353,000 between 2009 and 2014, up from about $287,000 in the 1992-1996 time frame. medical malpractice

Meanwhile, health insurance rates – one of the primary justifications for imposing damage caps and other limitations on these claims, making them harder to win – have risen astronomically. NBC News reported recently that health insurance has risen almost every year, and it’s gone up faster than wages and inflation. They have risen 213 percent since 1999 for family coverage, according to the Kaiser Foundation. By comparison, wages rose 60 percent during that time while inflation rose 44 percent. Health care spending accounts for 17 percent of the U.S. economy, whereas in 1980, it was just half that.

The Florida Supreme Court addressed this very issue in its 2014 5-02 ruling in McCall v. U.S., where it ruled damage caps on medical malpractice lawsuits ending in death are unconstitutional. The court cited the Eighth Amendment’s equal protection clause, but noted the wrongful death noneconomic damage cap did not bear a rational relationship to the stated purpose, which was the alleged medical malpractice insurance crisis in Florida.  Continue reading

When it comes to medical malpractice resulting in birth injuries, there may be no way to undo the harm – and no amount of money that could ever fully compensate the injured person – for the way in which their life has changed. birth injury

That said, it’s necessary to pursue action against doctors, hospitals and other health care professionals who may have failed to act according to the standard of care for their position, thus resulting in serious and lifelong injury to the patient. Victims of medical malpractice may suffer lifelong damages, and could require extensive future care and medical treatment, not to mention the loss of wages and earning potential and life enjoyment.

Recently, a Fort Myers medical malpractice birth injury lawsuit resulted in a $2.3 million settlement stemming from a case involving a premature baby who suffered a brain injury and amputation in four years ago.  Continue reading

According to a recent news article from The Florida Record, a resident of an apartment complex filed a civil personal injury lawsuit against the complex owners, claiming she tripped in a low spot in the grass and fell, causing her to suffer various personal injuries and other damages.

personal injuryThe accident occurred in December 2015.  This being South Florida, there was no ice or snow on the ground.  In her personal injury complaint, plaintiff alleged she was had left her apartment to go the building mailroom to check to see if she had any mail waiting in her box.  Continue reading

When a car crash results in a fatality, and the victim was not at-fault in the accident, the surviving family members may need to consider making a wrongful death claim.  A wrongful death claim is brought under a theory of negligence in the clear majority of car accident lawsuits in South Florida, however the statute of limitations to bring a claim is shorter.

Broward Personal Injury LawyerPursuant to Section 95.11 of the Florida Statues, the time to file a civil personal injury for most torts, including a car accident there, is a statute of limitations of four years.  However, in the event that the victim dies as a result of the negligent conduct alleged, the statute of limitations is reduced to a two-year statute of limitations. Continue reading

One of the best places in the world to go boating is in Florida.  In fact, people come from all over the nation (and the world) to enjoy the Florida sun and shores.  One of the more popular activities in our area is boating, for that reason.  While boating can be a lot of fun, it can also be dangerous or even deadly.

Broward Boating Accidient LawyerAccording to a recent report from ABC Action News, Florida leads the nation in boating accidents and boating deaths.  The article first focuses on one recent accident. Four people were on a boat that was taking on water.  It was sinking a few miles off the Florida coast, and they had issued a mayday to the U.S Coast Guard.  Fortunately, for these four potential boating accident victims, the Coast Guard got to them in time, and all four were safely rescued. Continue reading

More Americans have been killed in car accidents in the U.S. than in all wars in which this nation has fought.  When you step back and think about it, that is truly a staggering figure.  However, it is often too easy to just hear this and think of the number of statistics. While it is a very large number, each auto accident is a separate event that had devastating effects on the surviving friends and families of the victims.

car accident lawyer BrowardWhen a loved one dies in a car accident, there is often a loss faced on so many different levels. There is the shock in the wake of the accident that will fade to all kinds of emotional distress.  There are also various other types of loss.  This is what is referred to in our code as economic and non-economic damages.  If you are wondering where you have heard these terms recently, the have been in the news a lot, as our state supreme court has just struck down the remainder of the 2003 tort reform law limiting damages on medical malpractice cases on grounds that it is unconstitutional. Continue reading

When you watch the news on television or look at the news feeder on Facebook or you smart phone, you tend to read about a lot of car accidents.  If you are involved in one, you would say that you were in an “accident.” You might have an injury as a result of this accident, and you would look for an experienced Broward County car accident attorney.

Broward Car Accident There is nothing wrong with the term accident and its use in the English language. But in our legal system, what we are really dealing with is probably not an accident. In a legal sense, where you file a personal injury claim or lawsuit, it would technically be more appropriate to say you were in a car crash. Continue reading