Articles Tagged with personal injury lawyer

A new government audit points the finger at Medicare for failure to enforce federal law requiring immediate law enforcement notification of any sexual or physical abuse against nursing home residents. nursing home abuse

The Health and Human Services’ Office of Inspector General put forth an early alert on preliminary data on the issue, based on sizable samples from cases in 33 states. Just based on those results, the IG reports, there is a pressing and immediate need for rapid corrective action.

The IG is responsible for investigating abuse, waste and fraud within the health care system. This audit was part of a much larger investigation that is ongoing, so we can expect to hear more once researchers conclude their analysis.  Continue reading

The criminal and civil justice systems are separate and serve very different functions. While the criminal justice system seeks enforcement of our laws and ordinances, civil liability exists to allow individuals, families and businesses to be compensated for civil wrongdoings. In addition to serving different purposes, they also hold different proof burdens.injury lawyer

This is why a person can be deemed liable in civil court, even if they’ve been found not guilty in criminal court.

Recently, the Florida Supreme Court ruled that there must be separate determinations for immunity in civil Stand Your Ground self-defense cases and criminal Stand Your Ground self-defense cases. In other words, a finding of immunity in one does not automatically confer to the other. This settled the matter after several Florida appellate courts had reached different conclusions on this issue. Continue reading

To win a slip-and-fall lawsuit in Florida, plaintiff (the injured person) must prove defendant had actual or constructive knowledge of the hazard and failed to address or warn about it. slip and fall lawyer

Actual knowledge means the business was aware of that particular hazard in that place and time. Constructive knowledge, per F.S. 768.0755, is proven with circumstantial evidence that shows:

  • Dangerous condition existed for a period of time wherein, in the ordinary exercise of care, the business should have known about the condition;
  • Condition occurred with regularity and was therefore foreseeable.

The dangerous condition alone or even the fact that plaintiff was hurt – even severely – isn’t enough to prevail. One must show either actual or constructive knowledge. Most slip-and-fall cases are based on constructive knowledge, as actual knowledge can be difficult to prove.  Continue reading

Many personal injury lawsuits involve not just individuals, but also businesses. In fact, employers may be vicariously liable for the negligent actions of employees acting in the course and scope of employment. However, a recent decision by the state high court in Nevada held that individual members of a limited liability company cannot be held liable for the actions of a larger corporation just by virtue of being a member.personal injury lawyer

The decision does not directly impact Florida claimants, but state supreme courts often look to sister courts when considering similar legal matters, so it warrants review.

According to court records, plaintiffs filed their personal injury lawsuit after their son nearly drowned – suffering severe and lasting injuries – while at a wave pool at a water park. Plaintiffs alleged the water park and member LLCs contributed to their son’s injuries because the park failed to properly staff enough life guards. Continue reading

Florida has more fatal motorcycle accidents than any other state in the country. Data released earlier this year from the National Highway Traffic Safety Administration (NHTSA) revealed 616 motorcyclists were killed in the Sunshine State just in 2015 alone (an uptick from the initial estimate of 557). motorcycle accident lawyer

Now, a new analysis from the federal agency examines the estimated cost of lives saved prevented when motorcycle riders don helmets.

Researchers say at least 1,772 lives have been saved by motorcycle helmet usage in 2015. In terms of economic costs, that was $3 billion in direct loses and $19 billion in comprehensive costs that were saved. However, another 740 people who died might have lived had they been wearing protective head gear. That amounts to $1.4 billion in economic costs and $8.3 billion in comprehensive costs. Continue reading

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

It’s not uncommon in situations where multiple vehicles crash on the same road in short succession that authorities and/ or insurance companies will find one or more drivers at-fault – even if the at-fault driver(s) didn’t directly strike the victim. The question is whether the person alleged to be at-fault took action that proximately caused the other vehicles to crash. motorcycle

However, when there is no direct contact, proving causation can be difficult. This is especially true when a certain amount of time has elapsed between one collision and another, as a recent case before the South Dakota Supreme Court showed.

According to court records, a motorcyclist attending a weekend motorcycle rally was traveling on eastbound on his bike along a curved highway. At around 3 p.m. this motorcyclist, who it was later determined was impaired, turned one of those curves at a high rate of speed and drove into a ditch. The impact of that collision killed him. Continue reading

Landlords of residential properties – like most all property owners – have a responsibility to ensure their site is in reasonably safe condition for both tenants and visitors.urban decay

F.S. 83.51 requires that landlords to comply with all applicable building, housing and health codes and make sure all exterior walls, foundations, steps, porches, floors, doors and windows. Plumbing has to be in usable, workable condition, screens have to be in reasonable condition and they must also provide locks and keys and make sure common areas are kept in a safe, clean condition.

When they fail in their duty, they may be held liable for resulting injuries. The only real exception would be if a tenant is harmed by conditions created or caused by tenant’s own negligence or wrongful act or by the negligent/ wrongful act of the tenant’s family or other person on site with tenant’s consent.  Continue reading

Approximately 15 million Americans have food allergies, according to Food Allergy Research & Education, Inc., which further notes this potentially deadly condition affects 1 in 13 children under 18 (or two in every classroom). Approximately 90 percent of these allergies stem from milk, eggs, peanuts, tree nuts, fish, wheat, soy and shellfish. Every three minutes, someone is rushed to an emergency department due to a food allergy reaction.cheesecake

Food manufacturers, processors and distributors (including grocers, restaurants and schools) may be liable for a patron or consumer’s allergic reaction to food in a variety of circumstances. It’s not expected that these providers will be able to protect consumers from all harm. In general, in order to prove these entities were negligent, the plaintiff will have to show the manufacturer/ business breached a duty of care that caused the customer damage. There is no recognized duty that requires exclusion of all allergens in food products or to shield all consumers from potential allergic reactions.

That said, manufacturers, restaurants and other distributors may have a duty to warn customers about allergens, per the Food Allergen Labeling and Consumer Protection Act of 2004. It’s the duty of a food allergic consumer (and/ or the parents) to avoid those allergens. However, providers need to list the common name of major food allergens in their listed ingredients (i.e., “whey” needs to be listed as “milk” or “lecithin” as “soy”). Alternatively, companies can indicate the product “contains” or “may contain” certain potentially allergic ingredients, which must be listed. Those companies that don’t label major allergens or do so inadequately can have their products subject to recall, and could be liable if someone suffers a severe reaction as a result of relying on that inadequate label or incorrect label. Continue reading

Stem cell research holds a great deal of promise in addressing some of the most problematic conditions and ailments of humans. That said, it’s still a relatively new science, and treatments haven’t been thoroughly vetted. Initially, this spurred wild growth of stem cell “treatment” clinics in countries like Mexico and China, where medical standards can be more lax than in the U.S. However, we are finding a number of clinics have cropped up in the states as well – sometimes with troubling outcomes. eye

In fact, as recently reported by Scientific American, there are more than 550 clinics across the country that offer interventions for everything from autism to Alzheimer’s disease – and all of these treatments are unproven. Most of these clinics offer help with orthopedic procedures, such as sports injuries or joint pain, and there are some that offer cosmetic procedures, such as face lifts.

In South Florida, as reported recently in a case study published in the New England Journal of Medicine, one of the most serious instances of these rogue treatments was detailed after three women were permanently blinded after undergoing an unproven stem cell “treatment” that was advertised as a clinical trial.  Continue reading