South Florida Injury Lawyer Blog

Almost six-months to the day after a SeaWorld of Florida trainer was killed by a 6-ton killer whale as park guests watched, the Occupational Safety and Health Administration has cited the theme park for three safety violations, totally $75,000 in fines, ESHtoday.com reports. Sea World plans to challenge the allegations.

Whether spinning on a tilt-a-whirl at the local fair, visiting Disney World on your dream vacation, or just heading in for another day of work at a local tourist attraction, it's up to the owners and managers of Florida's many theme parks to provide you with a fun - and safe - environment where risk of an amusement park accident is at a minimum.

In this case, the trainer was dragged into the water and drown on Feb. 24 in front of a crowd of people. The six-ton killer whale had a history of aggression and had previously killed a trainer in Canada.

"SeaWorld recognized the inherent risk of allowing trainers to interact with potentially dangerous animals," said Cindy Coe, OSHA's regional administrator in Atlanta, Ga. "Nonetheless, it required its employees to work within the pool walls, on ledges and on shelves where they were subject to dangerous behavior by the animals."

Just what are the odds that a guest may wind up hurt while visiting one of Florida's theme parks? In March 2009, the Orlando Sentinel tried to figure it out.

News staff reviewed 477 lawsuits filed between 2004-2008 against Disney World, Universal Orlando and Busch Gardens and found that 218 cases involved on-site slip-and-falls, 111 cases involved incidents on rides or attractions, and 158 lawsuits involved incidents occurring "in shops, during shows or on streets or on sidewalks".

Considering about 50 million people visit the Orlando-area each year, mostly to visit area theme parks, chances are the worst thing a theme park visitor will suffer is a bit of heat stroke and some sore feet. But if you are injured working at or visiting one of Florida's amusement attractions, the attorneys at the Hollander Law Firm are available for a free and confidential appointment to discuss your rights.

Continue reading "Orlando amusement parks, theme parks, must protect workers and guests from accidents" »

While a spilled log truck on Hwy. 97 in Escambia slowed traffic for hours on Monday, the two-vehicle accident thankfully resulted in no serious injuries for either driver, NorthEscambia.com reports.

But a dumped load of heavy logs that spread across the highway and into a homeowner's yard -- and a rolled and twisted trailer frame -- illustrate just how dangerous and potentially deadly a South Florida trucking accident can be.

With 20 years of experience representing hundreds of South Florida accident cases, trucking accident attorneys with the Hollander Law Firm know how to fight for the rights of their clients against large national trucking operations, insurance companies and corporations.

A 2008 NHTSA report indicates that 11 percent of all reported traffic fatalities in the U.S. involved large trucks, claiming 4,229 lives and causing injury to 90,000 passengers, drivers and pedestrians. More than 70 percent of those killed or injured in collisions involving large trucks are occupants of other vehicles.

Nationwide, one out of nine traffic fatalities involved a large truck, and they are four times more likely to be involved in a fatal multiple-vehicle crash than a passenger car.

Florida, with 269 deaths, ranks only behind Texas and California for fatal large truck accidents. Florida trucking accidents are often complex cases because commercial drivers are required to follow strict state and federal safety and operational guidelines specific to the trucking industry.

Also, given the travel-based nature of their work, it is common for commercial drivers to hold licenses, work for and be insured by out-of-state companies, which can further complicate filing a claim to seek damages for injury or loss in the wake of a serious accident.

Continue reading " Log truck spill illustrates dangers of Florida semi accidents" »

Aside from infants and children, perhaps no segment of our population is more vulnerable than the 35 percent of senior citizens who are nursing home bound and dependent on daily assisted care to walk, maintain basic hygiene, eat and maintain basic quality of life.

Accordingly, fewer things are more devastating than finding out a loved one placed in a privately- or publicly-owned South Florida nursing home has fallen victim to neglect or abuse. Such was the case for the family of one 77-year-old Florida mother and wife who was raped while in residence at a Jacksonville facility in 2002, the Florida Times-Union recently reported.

With 17.2 percent of Florida's 18.5 million residents aged 65 or older, stories such as hers resonate across our many retirement communities. If you are concerned about the conditions of a South Florida nursing home, talking with a nursing home neglect attorney at the Hollander Law Firm can help you better understand your rights.

A court battle between the family and the Georgia businessman who owned the facility - along with five others in the state for a total of 15 privately-owned and operated facilities in the Southeast - ended with a $750,000 verdict for the family. Money they have yet to collect as the facility owner and his legal team continue to work the system to evade payment, the Times-Union reports.

There are about 17,000 nursing facilities in the U.S. providing 1.8 million beds to long- and short-term care residents. More than half are part of a chain and more than two-thirds are "for profit" operations. Regardless of ownership, the majority of nursing homes in the U.S. are primarily funded by Medicare and Medicaid.

So while many residents or their families turn to privately-owned or state-run nursing facilities to provide affordable and quality care for their loved one on a fixed income, more than half of nursing home owners, as in the Glenwood case, often have deep pockets and the veneer of corporate ownership to hide behind in the event of legal action.

Continue reading "Assisted care patients in South Florida at risk for neglect and abuse" »

With federal stimulus dollars and new regulations, patients from Fort Lauderdale to Fort Myers may be at less risk of South Florida medical malpractice as more streamlined, efficient, paperless offices help save money and lives.

Florida's aging retirement population -- coupled with the fact that many residents were treated for decades in their home state -- make the modernization of the medical records system a huge issue for South Florida patients.

The Sun Sentinel reports that health care experts estimate the economic impact of maintaining a dated paper-driven record-keeping system is almost $78 billion annually.

According to the article, the excessive costs of a paper records is mainly due to repeated services, "shuffling" of patient files and lab reports, phone calls between health care providers and a failure to have potentially life-saving access to critical and current patient information.

Thanks to an $8.5 million federal grant the newly established non-profit group, the South Florida Regional Extension Center, hopes to help 1,500 of the 10,000 local doctors make the transition from paper to paperless by 2015.

But this isn't just about the money. Medicine is about saving lives, and that is at the core of the electronic medical records push. The Sun Sentinel cites a case involving a 2001 Orlando Health hospital system patient, an 82-year-old woman who arrived at their ER unconscious after a car accident.

Having switched to an electronic record system just the day before, Orlando Health ER doctors were able to review her most current medical information in real-time before deciding on a course of treatment.

Without immediate access to the woman's medical information about a recent surgery and blood-thinning medication, the president of the Florida Health Care Coalition in Orlando told the Sun Sentinel they "surely" would have killed the patient in trying to save her.

According to the 2006 National Practitioner Data Bank annual report, there have been 16,674 medical malpractice payment reports made against Florida physicians, and another 522 made against Florida nurses between 1990-2006

Malpractice can result from many causes, including the negligence of doctors or medical staff. But not having access to the medical information necessary to make the proper decisions is one danger that can and should be eliminated.

Continue reading "Electronic medical records could reduce risk of medical errors from Fort Lauderdale to Fort Myers" »

As another sizzling summer comes to a close, and with football season around the corner, high school athletes throughout Florida are again heading to twice-a-day practices. But with heat index ratings regularly above the 100-degree mark, adolescent football players in West Palm Beach, Fort Lauderdale and Fort Myers face more than their coach's wrath on the gridiron.

Mother Nature and the pursuit of such a high-impact, full-contact, sport as football leaves young athletes vulnerable to both heat stroke and concussive head injuries. Both can lead to serious injury, even death, if unrecognized and untreated. If your child has been injured in a sports-related accident, speaking with a Fort Myers child injury attorney can help you understand your rights.

On Wed., August 18, Bay News 9 reported that six Apopka High School football players were hospitalized for "heat emergency issues" experienced during mid-day practice drills. Also on Wednesday, TBO.com revisited former Hillsborough High football player Terrence Mitchell's concussions story from last season.

After a teammate's hit knocked him out, Mitchell, who now plays for the University of South Florida, suffered from lingering headaches and spent two weeks on the bench after a trip to the hospital.

According to the TBO.com article, there are more than 1.1 million high school students playing football and during the 2005-2005 academic year, concussions accounted for 9 percent of all high school athletic injuries with 55,000 of them occurring on the football field.

To address growing concerns the National Federation of State High School Associations has implemented a new concussion rule effective with the commencement of the 2010 high school football season. It requires that any player who shows signs, symptoms or behaviors associated with a concussion be removed from the game "and may not return to play until cleared by an appropriate health-care professional."

Our youngsters want to compete. It is up to the adults, coaches and officials to make sure they are doing so in as safe a manner as possible.

Continue reading "Injury attorney should be consulted in wake of South Florida sporting injuries" »

August has already proven a tragic month for South Florida boating accidents after two Ft. Pierce men died just two days apart in separate boating incidents in the area, TCPalm.com reports.

Tragedies such as these illustrate that watercraft accidents resulting in injury or death are a constant factor for anyone who enjoys boating, swimming or fishing in South Florida waterways. If you or someone you know has been injured as the result of an accident in our area, speaking with a South Florida personal injury attorney can help you understand your rights.

The TCPalm.com article indicates that both victims had decades of experience on the water and weather played no role in their deaths. The body of commercial fisherman Cory Brangan, 26, was identified August 9. He was found alone in his boat which had run aground in Indian River Lagoon.

According to NBC-5, the other boater, Cornelius McPhall, 44, slipped, hit his head, and fell overboard while dropping anchor. He was pulled to sea by strong currents and was not wearing a life jacket.

In 2009, the Florida Fish and Wildlife Conservation Commission issued a Fatality Data Report showing that Florida is second only to Texas in national boating-related fatalities. Out of nearly 982,500 registered sea-going vessels there were 65 recorded, investigated, boating-related deaths. The top five causes (in order of frequency) were: falling overboard, capsizing, swamping/flooding, collision with a fixed object and collision with another vessel.

Being aware of and obeying the rules, regulations and laws advancing boating and boater safety is the first and most obvious step to enjoying safe and responsible activities in the nearly 6,000 square miles of water surrounding Florida. But, perhaps the easiest thing a person can do when they head out on the water is simply wear a Coast-Guard approved life jacket.

Continue reading "Separate boating accidents claim two lives in four days in South Florida " »

A pair of deaths was reported over the weekend involving bicycle and motorcycle riders -- a reminder to motorists to watch out for our two-wheeled friends as we head into fall and prepare for the start of the tourist season.

A Lake Worth bicycle accident has claimed the life of a Palm Springs man, the Sun-Sentinel reported. The man died of his injuries nearly three weeks after being struck on the sidewalk of 10th Avenue North, according to the Palm Beach County Sheriff's Office.

The bike collided with the passenger side of a 2003 Honda Element that was pulling out of a private driveway. The victim died on Saturday at Delray Medical Center.

Also on Saturday, a Coral Springs motorcycle accident claimed the life of a 38-year-old woman. The Sun-Sentinel reported the woman was riding westbound on Royal Palm Boulevard, west of University Drive, when she was involved in an accident with a pickup truck.

Her 44-year-old husband was hospitalized in critical condition. Police say the accident happened when the pickup truck's driver failed to yield while changing lanes.

While the numbers of serious and fatal motorcycle and bicycle accidents have declined, Florida remains among the deadliest states in the nation for riders. The Florida Department of Highway Safety and Motor Vehicles reports 100 cyclists were killed last year and 4,376 were injured. Florida motorcycle accidents killed 402 riders and injured more than 8,000.

Continue reading "Fort Lauderdale area bicycle accident, motorcycle accident, a reminder to motorists" »

The announcement of a distracted driving summit planned for next month in Washington highlights the lack of a cell phone or text messaging ban in Florida.

Our Fort Myers injury lawyers and Palm Beach accident attorneys frequently report on the dangers of distracted driving. Talking on a cell phone, text messaging, eating, drinking, smoking, grooming, using in-car electronics and talking to passengers can all take our minds off the road.

Nationwide, 6,000 people are killed each year and 500,000 are injured by distracted driving, according to the National Highway Traffic Safety Administration. Yet Florida is one of only about a dozen states that have not passed a law governing cell phone use or text messaging by drivers.

Last year's summit ended with an Executive Order issued by President Obama, which forbid all federal employees from text messaging while driving government vehicles. Safety officials credit the first summit with raising awareness. Of the 30 states that now ban text messaging while driving -- 11 have enacted laws so far in 2010.

"Working together, we can put an end to the thousands of needless deaths and injuries caused by distracted driving each year," said Secretary Ray LaHood. "By getting the best minds together, I believe we can figure out how to get people to put down their phones and pay attention to the road."

Continue reading "Distracted driving summit highlights lack of texting ban in South Florida" »

As Delray Beach child injury lawyers, our hearts go out to the parents of a toddler who died after being left for hours in a day-care center van. Dealing with the tragic death of a child is almost too much for many families to bear.

In this case, the Sun-Sentinel reported that the 2-year-old girl was left inside a van at Katie's Kids Learning Center for six hours. Delray Police reported that the recently hired driver had picked the toddler up at her home but the child never made it out of the van. The center closed voluntarily last week when the story broke and parents began picking up their children. The Palm Beach County Health Department said the facility had been in compliance with health codes and was licensed for 78 children.

The Sentinel questioned whether criminal charges would be filed. A father was charged for leaving an infant in a hot car in Fort Myers earlier this year, NBC2 reported. He faces up to five years in prison if convicted of a third-degree felony charge of leaving a child unattended in a motor vehicle causing great bodily harm.

In this case, the daycare center can and should be held liable for this tragedy. Our Palm Beach injury attorneys understand that no amount of compensation can begin to suffice. But ensuring that the resources are available for counseling and other needs of surviving family members is essential.

And ensuring the safety of other child entrusted to the care of this center is also critical.

The Department of Geosciences at San Francisco State University reports an average of 37 child deaths a year are caused by hyperthermia after being left in a vehicle.

Fifty infants have died in Florida cars in the last decade, more than any other state besides Texas.

Continue reading "Daycare center should be held criminally and civilly responsible for infant's death in hot van" »

Teens understand that distracted driving increases their risk of a serious or fatal South Florida car accidents ... but they do it anyway, USAToday reported.

Our Palm Beach injury lawyers frequently report on the dangers faced by teenagers behind the wheel. The National Highway Traffic Safety Administration reports that car accidents are the leading cause of death for teenagers ages 15 to 20. Nationwide, 6,000 motorists a year are killed and more than 500,000 are injured by accidents caused by distracted driving. Only drunk driving and speeding claim more lives.

And Florida is one of the few states that has done nothing about the issue of cell phone use -- and particularly text messaging -- by either adult or teen drivers. Eight states ban cell phone use by all drivers. Thirty states ban drivers from text messaging while behind the wheel. Twenty-eight states prevent teenagers from text messaging or using cell phones while driving.

Florida is one of only a dozen states with no law at all. The others are South Carolina, Pennsylvania, Ohio, North and South Dakota, Montana, Idaho, Nevada, Arizona, New Mexico and Hawaii.

The new survey released by Seventeen magazine found that almost 90 percent of teen drivers engage in distracted driving behavior, even though most of them know it puts them at increased risk.

"Teens do continue to drive distracted even when they recognize the dangers," says William Van Tassel, manager of AAA's driver training programs. "Driving is the first real adult responsibility, but let's face it, they're still teens whose brains aren't fully developed."

Eighty-six percent of the teenagers in the study admitted to distracted driving behavior, including cell phone use and text messaging, eating, applying makeup, using in-car electronics and traveling with four or more passengers.

The survey also found that older teens were more likely to drive distracted than 16- and 17-year-olds and that teens were more likely to drive distracted if they had access to their own vehicle rather than the use of a shared vehicle.

Continue reading "Teens at increased risk of a South Florida car accident caused by distracted driving ... and they know it" »

Beginning next year, new hospital regulations will require medical facilities to report the number of infections contracted by patients, a measure patient rights advocates contend will reduce the risk of South Florida medical malpractice and malpractice blamed on hospital infections nationwide.

The Department of Health and Human Services has issued the new rules to deal with the serious threat of hospital-acquired infections, which are responsible for an estimated 100,000 patient deaths per year. As we reported earlier this year on out South Florida Injury Lawyer Blog, the government reports many hospital infections are preventable and are the result of unsanitary conditions, improper surgical procedures, and negligence on the part of doctors and hospitals.

CNN reports that advocates have pushed for the measure as a way to save lives and money by forcing hospitals to improve safety measures and reduce instances of hospital-acquired infections.

"Patients shouldn't have to worry about getting sicker with an infection they catch in the hospital but every year nearly two million Americans do," says Lisa McGiffert, Director of the Consumer Union Safe Patient project. "Making infection rates public is a powerful motivator for hospitals to improve care and keep patients safe. This is an enormous victory for patient safety advocates who have worked tirelessly to hold hospitals accountable for failing to eliminate infections."

The new rules begin next year and require hospitals to report infection statistics to the Centers for Disease Control and Prevention. The program will track infections in intensive care units and neonatal intensive care units. The CDC estimates that more than 250,000 central-line bloodstream infections occur in hospitals each year.

Medicare payments will be tied to how well hospitals report infections during the first year. Starting in October 2012, payments will be tied to how well hospitals protect patients from infections.

Continue reading "Hospital infection rules could reduce the risk of South Florida medical malpractice " »

Last year, more than 5,000 motorists were seriously injured in Florida car accidents caused by red light runners. Fifty-six people were killed. During "National Stop on Red Week" Aug. 2-8, the Florida Department of Highway Safety and Motor Vehicles is urging motorists to commit to obeying red lights throughout the year.

As our Fort Lauderdale car accident lawyers reported recently, Florida recorded a record low number of traffic fatalities last year. But red-light violators are at the top of safety-advocates' wanted list this year. The Florida Highway Patrol reports more than 1,400 crashes last year resulted from motorists who failed to stop at red lights.

Law enforcement across the state will be looking for motorists who pose a danger to pedestrians,cyclists and other motorists by failing to obey red lights.

"Impatient drivers who choose to disregard red lights can ruin the lives of innocent people who get caught in the crosshairs of a moving vehicle," said the Director of the Florida Highway Patrol, Colonel John Czernis. "The men and women of the Florida Highway Patrol will be working hard to detect, stop, and cite motorists who place themselves and others in danger by running red lights."

A new law signed by Gov. Crist will also permit local and state governments to use red light cameras as a way to catch violators. The law took effect July 1 and set statewide standards for the use of cameras to cite motorists.

As we reported earlier this year on our South Florida Injury Lawyer Blog, the cameras have already been installed in West Palm Beach, where some claim they are actually increasing the number of accidents at intersections.

The penalty for a red-light camera citation is a $158 fine. The citations will not affect your insurance rates and will not result in points on your driving record.

Other primary causes of Florida traffic accidents in 2009 included:

-Careless driving: 386 fatalities, 49,568 injuries
-Drunk driving: 371 fatalities, 2,534 injuries
-Failure to yield: 205 fatalities, 21,891 injuries
-Speeding: 236 fatalities, 3,651 injuries
-Left of center: 56 fatalities, 876 injuries

Continue reading "Authorities target red light violators in effort to reduce South Florida car accidents" »

A former police officer who caused a fatal Fort Lauderdale pedestrian accident has been sentenced to 60 days in jail, the Sun-Sentinel reported.

The officer was found not guilty of vehicular homicide during a trial last month in which the jury convicted him of misdemeanor reckless driving. The officer was also sentenced to six months probation, fined $250 and ordered to perform 100 hours of community service.

The officer had just gone off duty and was headed home shortly after 5 a.m. in June 2006. He was traveling down Federal Highway at speeds of up to 90 mph when he slammed into a pedestrian, throwing her 112 feet.

Jurors never learned that the officer was fired from the department in August 2007 after an internal investigation determined he drove his cruiser 90 mph or faster in the month before the accident and that he twice reached speeds of 114 mph or faster on A1A.

Car accidents involving law enforcement officers in South Florida are a fairly common occurrence. Earlier this month, our South Florida Injury Lawyer Blog reported the case of a woman who was hit on her scooter by a Palm Beach sheriff's van.

And ABC 7 is reporting that authorities are investigating whether an improper police pursuit led to a deadly Fort Myers car accident.

In that case, deputies were chasing two burglary suspects last July when an unmarked sheriff's SUV hit and killed a motorist. The accident occurred in a 45 mph zone on Palm Beach Boulevard, while the deputy's speed was estimated at 84 mph.

The media account said a copy of the sheriff's operating manual says unmarked sheriff's vehicles "shall not be engaged in high speed pursuits except under extreme and extenuating circumstances."

Motorists have a legal obligation to pull over for emergency vehicles with activated lights. But law enforcement has an obligation, first and foremost, to the safety of the motoring public. When a motorist is seriously injured or killed in a car accident with a law enforcement vehicle, he or she may be entitled to compensation for injuries, medical bills, pain and suffering and rehabilitation.

Continue reading "Police officers blamed for fatal accidents in Fort Lauderdale and Fort Myers" »

Our Fort Lauderdale child injury lawyers encourage parents of small children to take note of the "Keep your Guard Up" campaign, which aims to reduce the number of drowning accidents in Broward and Palm Beach counties and the surrounding area.

An event this week at Miromar Regional Park highlighted the initiative, which encourages parents of children under 5 to keep swimming children at arms length. New or weak swimmers should also wear life jackets. And pools should be equipped with fences, locked gates and door alarms.

The Sun-Sentinel reports that at least five children under the age of 5 have drown in Broward County so far this year. Three others nearly drown. Near drownings can cause very serious injuries, including brain injuries that result in developmental disabilities.

Authorities say the vast majority of drownings are caused by just a momentary lapse in supervision -- practicing "arms length" supervision significantly reduces the risk.

As our Palm Beach injury attorneys reported at the start of summer, nearly 400 pool or spa-related deaths occur to children under the age of 15 each year.

More children die in swimming pool accidents in Florida than anywhere else in the nation. Broward County reported eight deaths in 2008, more than anywhere else in the state.

You can find safe Florida swimming tips here.

Continue reading "Hands-on supervision urged to prevent Fort Lauderdale swimming pool accidents" »

Our Palm Beach child injury lawyers applaud the long-overdue decision by the federal government to essentially ban the production of drop-side cribs and we urge parents to ensure that a crib they are using has not been recalled.

CNN reports that the new law would essentially ban the sale and manufacture of drop-side cribs, regardless of whether a model had ever been recalled or considered unsafe. The new rules would also mandate better mattress support, better hardware and better quality wood for crib construction.

Common hazards of the cribs include faulty hardware, dangerous gaps created from support failures, poor quality wood and crib slats that can be easily broken. The new slats aim to eliminate gaps were babies can become entrapped and suffocate. Strangulation and falls are also common in drop-side cribs.

The government estimates about a dozen infants a year are killed in the cribs. The dangers have been known for years and years; it would now appear that the government is finally going to do something about it.

Companies have an obligation to provide products to consumers that are free from serious safety defects. A Fort Lauderdale defective products attorney should be consulted whenever a product leads to serious or fatal injury. We believe that companies who market products to children have a special obligation to ensure safety. Tragically, dozens and dozens of products are recalled each year for a variety of potentially life-threatening safety risks. Common dangers include choking hazards, fire hazards, amputation risks and products contaminated with dangerous chemicals or substances, such as lead paint.

So far this year, the Consumer Product Safety Commission has recalled more than 100 child products, including at least a dozen drop-side cribs. Last week, the government announced a recall of 82,000 Pottery Bard Kids drop-side cribs because of the risk of entrapment, suffocation and fall hazards.

Here is a list of recalled child products, excluding toys.

Here is a list of recalled toys.

Continue reading "South Florida child injury lawyers hail decision to halt production of drop-side cribs " »