South Florida Injury Lawyer Blog

A man was hospitalized after being injured in a Palm Beach construction accident when a piece of equipment fell on him, ABC 25 reported.

The construction accident occurred on Okeechobee Boulevard when a scissor lift toppled over and fell on the man. He was transported to St. Mary's Medical Center.

Construction workers are at high risk for a serious or fatal work accident. Nationwide, nearly 3.7 million non-fatal work injuries were reported in 2008, according to the Bureau of Labor Statistics. More than 5,000 employees were killed in work accidents. While the number of injuries has decreased in response to the economic downturn, the rate of construction accidents has remained constant: 383 construction accidents are reported per 10,000 workers. Nationwide, 31,310 construction workers were injured on the job in 2008.

Construction workers reported the most fatal accidents of any industry in 2008 -- a total of 969 employees were killed on the job.

Overall fatal work accidents declined in Florida, from 363 in 2007 to 290 in 2008.

Fatal Florida work accidents by event:

-Transportation: 107

-Assault or violence: 56

-Contact with object or equipment: 41

-Falls: 39

-Exposure to harmful substances: 38

-Fires or explosions: 6

An employer has an obligation to provide equipment that is in good repair and free from defects. An employee has a right to be provided with proper training and safety equipment. Employees who are injured on the job are entitled to workers' compensation benefits. In other cases, where a defective vehicle or piece of equipment is involved, or in cases where the negligence of other contractors contributes to a serious or fatal accident, a personal injury lawsuit may also be filed to collect damages for injuries, medical bills, lost wages and other expenses.

Continue reading "Employee injured in Palm Beach construction accident after equipment falls on him" »

A change in how minimum hours of care are computed could leave elderly residents at greater risk of nursing home neglect in South Florida, the Florida Times-Union reported.

As we reported earlier this year on our South Florida Injury Lawyer Blog, nursing home lobbyists supported the measure, which permits a reduction in care hours each resident receives by a Certified Nursing Assistant and permits those hours to be provided by a registered nurse.

This is about saving money for the large chain corporations that operate most nursing facilities. A nursing home typically has very few registered nurses on staff and the majority of care is provided by CNAs and other support staff. The current requirements were set as part of a 2001 deal involving lawsuit rules between resident advocates and consumer groups on one side and the nursing home industry on the other. As a result, lawsuit damages were limited and staffing requirements increased. By 2007, CNAs were required to spend 2.9 hours per day with each patient.

The new law permits a reduction to 2.7 hours of care by a CNA and permits an increase in care by a registered nurse to make up the difference.

"It actually gives providers more flexibility to staff to the residents' needs," said Kristen Knapp, a spokeswoman for the Florida Health Care Association, a long-term care trade group. "... You're still maintaining the minimum staffing. It simply gives [nursing homes] more flexibility."

As if Florida nursing homes are going to be busy spending more on registered nurses. Instead, the law permits homes to manipulate staffing numbers and flies in the face of the agreement they made with advocates in 2001. Of course, the lawsuit limits were not lifted as a result of the industry's violating the terms of the deal.

"They broke their word to the nursing home residents," said Anna Spinella, a Tampa-based advocate and chair of ACTION, Advocates Committed to Improving Our Nursing Homes. "That's the bottom line."

We just don't think 2.9 hours of care a day is too much to ask in exchange for the $54,000 annual cost of a Florida nursing home.

Continue reading "Changes to nursing home staffing laws could lead to South Florida neglect claims " »

South Florida car accidents involving older drivers are a real danger. And, while the jokes about elderly Florida drivers abound, the truth of that matter is that we must all deal with assisting older motorists -- even when it means the time has come to make the tough decision to surrender the freedom and independence that comes with driving.

Senior citizens are the fastest growing demographic in the United States. According to AAA, the number of licensed drivers over the age of 65 will climb to 40 million over the next decade -- and no, it's not true that 39.5 million of them are expected to be in South Florida.

In response, the Florida Department of Highway Safety and Motor Vehicles has teamed with a number of agencies in debuting a special program aimed at older Florida motorists.

"We want to provide drivers with resources that allow them to maintain their driving independence for as long as they can safely drive," said Executive Director Julie Jones. "CarFit arms mature drivers with every advantage to make their road travels as safe as possible."

The Car Fit program inspects an older driver's vehicle to determine proper fit. Thirty-four employees have been trained and will offer inspections using a 12-point checklist to determine the best fit for a driver's vehicle.

The National Highway Traffic Safety Administration also offers resources for older drivers. In 2008, a total of 183,000 older drivers were injured in traffic crashes. In Florida, 474 drivers over the age of 65 were killed in traffic accidents.

The AAA Foundation for Highway Safety operates a website dedicated to senior driving safety. The site offers a wealth of information for older drivers and their families, including:

-A skills assessment

-Education and training for older drivers

-Planning for continued mobility (post driving)

-Measuring driving skills

-Screening test

-Advice on helping an older driver

Continue reading "Older drivers at increased risk of South Florida car accidents" »

Young people may be more inclined to use cell phones or text while driving after watching graphic videos about the dangers, according to a study published by a professor at the University of South Florida.

Distracted driving is a leading cause of South Florida car accidents and traffic accidents nationwide. More than 6,000 people are killed and 600,000 injured each year in accidents caused by distracted drivers, according to the National Highway Traffic Safety Administration.

An article by Dr. Amy Ship, published this week in the New England Journal of Medicine, recommends that doctors speak to patients about the dangers of distracted driving, just as they would about the dangers of smoking and other unhealthy habits. The article references a graphic public service announcement being shown on British television about the dangers of text messaging by teenage drivers.

However, the Tampa Tribune reports that a study of 840 college students found that they were between 3 and 11 percent more likely to engage in such dangerous behaviors after seeing graphic videos depicting the consequences. The counterintuitive result is known as the "boomerang effect," a phenomenon similar to people who smoke after seeing anti-smoking warning labels.

As we reported on our South Florida Injury Lawyer Blog, teen drivers are at high risk of being involved in a serious or fatal car accident. In Florida, 516 teenagers were killed in traffic accidents in 2008.

Please visit our Safe Teen Driving Post for tips and safe driving information you can share with your young drivers.

Continue reading "Graphic videos may not reduce South Florida car accidents involving teenagers" »

Palm Beach car accidents and fatal traffic accidents throughout Florida fell to a record low in 2009, the Palm Beach Post reported.

The Florida Department of Highway Safety and Motor Vehicles and the Florida Department of Transportation announced Monday that the fatality rate dropped to the lowest level ever recorded in Florida.

A total of 2,563 traffic fatalities occurred in Florida last year, nearly 1,000 fewer than the 3,533 that occurred five years ago. The announcement marks the fourth consecutive year-over-year decline.

"The safety of our residents and visitors is a top priority, and reducing fatalities on our roadways is a step in the right direction," said Florida Governor Charlie Crist. "I commend our safety advocates and law enforcement officers who ensure that Florida remains a safe place to work and play."

Officials point to the enactment of the primary seat-belt enforcement law and other safety and education initiatives as the reason for the decline. However, fatal car accidents have declined nationwide. The National Highway Traffic Safety Administration reported in March that traffic accidents declined nationwide to the lowest level since 1954. The federal government, which will release nationwide statistics in the coming weeks, projects that fatal crashes declined to 33,963, a 9 percent drop from the 37,261 deaths recorded in 2008.

As we reported this spring on our South Florida Injury Lawyer Blog, the struggling economy has reduced travel and some experts expect fatal accidents to begin to increase as the economy recovers, particularly in vacation states like Florida.

Florida is also expected to publish its detailed crash report in the coming weeks.

Fatal Florida Traffic Accidents:

2009: 2,563
2008: 2,983
2007: 3,221
2006: 3,365
2005: 2,533

Continue reading "South Florida car accidents hit record low " »

Co-workers and the community are rallying around an off-duty Palm Beach County sheriff's deputy who lost her arm in a boating accident over the weekend, the Post reported.

She was off-duty when her 20-foot boat slammed into a dock north of the Donald Ross bridge on Saturday, causing a boat on a dry lift to crash down on hers, the Florida Fish and Wildlife Conservation Commission reported. She was pinned underwater by falling debris before being freed by two men from a nearby home. A 38-year-old passenger in the boat was also injured.

Florida Boating Accident Attorney Gregg Hollander and the staff at the Hollander Law Firm have taken note of the large number of boating accidents this summer.

As we reported on our South Florida Injury Lawyer Blog, Florida is the boating capital of the nation and more boating accidents occur in South Florida than anywhere else in the country. In 2008, a total of 55 people were killed and nearly 300 were seriously injured in 616 boating accidents. But, even by Florida standards, a large number of boating accidents are being reported:

- A man was badly injured in a Citrus County boating accident last week on the Homosassa River. The 23-year-old man's legs were nearly amputated after he was run over by the boat's propellers, Channel 10 reported.

-Last month, three men were hospitalized in serious condition after a Fort Myers boating accident.

- A Deerfield Beach man is facing BUI manslaughter charges in connection with a fatal Delray Beach boating accident on May 8. The 35-foot speedboat slammed into a navigation marker in the Intracoastal Waterway, killing a 31-year-old man who was thrown overboard, the Sun-Sentinel reported.

-A deadly Ponce Inlet boating accident on Memorial Day claimed the life of a pregnant woman and her father, Channel 13 news reported. Witnesses reported a large boat landed on top of the boat in which the victims were riding.

Visit Boat Safe for information about safe boating and boater safety courses. To learn more about Florida boating accidents, visit our South Florida Injury Lawyer Blog.

Continue reading "Palm Beach deputy's boating accident the latest in a series of Florida boat accidents" »

Road Safe America, an organization dedicated to reducing the number of motorists involved in accidents with semis and large commercial trucks, is urging Gov. Charlie Crist to veto a measure that would allow heavier trucks on Florida roads.

Florida semi accidents continue to pose a serious threat to motorists. In Florida, 269 large trucks were involved in fatal accidents in 2008. Only Texas (421) and California (304) had more deadly trucking accidents, according to the National Highway Traffic Safety Administration. Nationwide, 380,000 trucking accidents killed 4,229 people and injured more than 90,000.

Road Safe America rightly questions why, in the face of those sobering statistics, the state would have passed a measure permitting trucks to add 8,000 pounds of weight --equal to the weight of two passenger cars -- to the 80,000 pounds already permitted by law. A semi can weight as much as 20 times more than a passenger car and motorists don't stand a chance in the event of an accident.

"Floridians must ask themselves 'Who benefits from Governor Crist's raising the weight limit?'" Road Safe Executive Director Tom Hodgson said. The organization said trucks already take up to three-times longer to stop and increasing the weight, without requiring additional axles or braking capabilities, will only increase the risk of Florida trucking accidents.

The Florida Coalition for Safe Highways is also pushing the governor to veto the measure, as is the Florida Safety Council.

"The dangers of increasing tractor-trailer truck weights are well known - they are harder to stop, steer and more vulnerable to roll over during a crash," said Tom Guilmet, the Executive Director of the Florida Safety Council. "But, by far, the most compelling objection to heavier trucks is the fact that they will cause more deaths and injuries on our highways."

The Florida Sheriff's Association is also against the measure.

"What it all boils down to is safety," said Steve Casey, Executive Director at the Florida Sheriffs Association. "The well-being of the hundreds of thousands of motorists who travel on Florida's roadways is being put at risk for the sake of special interests. The heavier the truck, the more difficult it is to control. There's a danger factor that all Floridians should be aware of as far as this legislation is concerned - the fact that they are being ignored is beyond distressing."

The Florida Department of Transportation has determined raising the weight limit will also cost millions of dollar in additional highway maintenance.

"Beyond the safety ramifications, Florida just doesn't have the transportation maintenance funds to make this legislation work," said Fraser Howe, chairman of the American Society of Civil Engineers. "We've seen countless state and federal studies that show increased damage occurs to our roads and bridges as a result of higher volumes of heavy big rigs."

The organizations also point out that Florida already permits semis and large commercial trucks to travel at the same speed as passenger cars. States with slower speed limits for large trucks have better safety records.

Continue reading "More South Florida trucking accidents likely to result from increased weight limits" »

If there were lingering doubts among motorists about the dangers of driving in Florida, the Daily Beast erased them with the publication of its list of the nation's most dangerous roads: Florida joined the Top 3 not once, but twice. It also took a third spot in the Top 15.

Florida traffic accidents claimed 2,978 lives in 2008. Only California (3,434) and Texas (3,382) were deadlier places to drive, according to the National Highway Traffic Safety Administration.

South Florida car accident lawyer Gregg Hollander and the team at The Hollander Law Firm, urge motorists to practice safe driving habits and stay safe this summer, during what Road Safe America calls the "100 deadliest days." During the last 5 years, the months of June, July and August have accounted for the majority of all fatal traffic accidents -- more than 50,765 deadly wrecks in all.

Now the Daily Beast reports that Florida's I-95 is the deadliest highway in the nation: 382 miles of road led to 765 fatalities in the last five years, or 1.73 fatal accidents per mile of road.

I-4 placed third, with 132 miles of road and 234 traffic fatalities, while I-75 placed 15th, with 471 miles of road and 626 traffic fatalities. Some roads really are more dangerous than others, whether because of congestion, faulty design or roadside distractions. An experienced injury lawyer can thoroughly investigate your case and help determine whether your crash occurred in an accident-prone area. When a faulty or defective road contributes to a serious or fatal accident, a claim may be filed against others who share responsibility for the accident, in addition to the at-fault driver.

The Daily Beast's list divided total fatal accidents by the number of highway miles to determine the roads with the highest accident rates in the nation. The nation's Top 5 deadliest roads are:

1) I-95 in Florida: 382 miles/662 fatal accidents/765 fatalities/1.73 per mile.
2) I-76 in New Jersey: 3 miles/5 fatal accidents/6 fatalities/1.64 per mile.
3) I-4 in Florida: 132 miles/209 fatal accidents/234 fatalities/1.58 per mile.
4) I-15 in California: 287 miles/437 fatal accidents/506 fatalities/1.52 per mile.
5) I-10 in California: 243 miles/341 fatal accidents/387 fatalities/1.41 per mile.

Other Florida highways on the list:

15) I-75: 471 miles/536 fatal accidents/626 fatalities/1.14 per mile.
57) I-10: 362 miles/234 fatal accidents/272 fatalities/ .65 per mile.

Continue reading "Increased risk of Florida car accidents on dangerous roads; Florida has two of the nation's three deadliest highways" »

It's a miracle that a 4-year-old child survived a fall from a 17th floor window at the Doubletree Grand Hotel Biscayne Bay on Friday. The Miami Herald reported that the child was chasing a balloon when he managed to open a slider and climb over a balcony railing.

He fell from the 17th floors before bouncing off the crown of a palm tree and landing in a dirt area surrounding the hotel's 10th floor pool area, according to Miami police.

Small children can get into trouble in an instant, even with proper parental supervision. However, hotels and motels have an obligation to ensure safe enjoyment of facilities. A South Florida premise liability claim can result when dangerous or unsafe conditions lead to a serious or fatal accident on hotel property. In this case, the family was living in a condo at the hotel. Police called it a miracle: Not only did the child survive, he appeared to have no broken bones when he was taken to Jackson Memorial Hospital, where he remained on Saturday and was listed in good condition.

In general, South Florida hotel accidents can occur when child safety measures, including door locks, are not in place or when balcony railings are inadequate to protect against falls.

The Sun-Sentinel reported there have been several recent high-profile falls from balconies in Broward and Palm Beach counties:

-A 30-year-old man was seriously injured when he fell from a Boca Raton balcony while trying to enter his locked apartment from a neighbor's balcony.

-In March 2007, a 3-year-old fell 20 feet from a third-floor balcony at an apartment complex in Lauderhill.

-In May 2005, a 70-year-old woman fell 100 feet from a ninth floor balcony in Fort Lauderdale and survived after landing on a decorative canopy.

The majority of the dozen cases listed in the Sun-Sentinel involved small children.

Continue reading "Hotel balconies a danger for guests; children at high risk for fall injuries in South Florida" »

Lee County is debuting a new "Share the Road" sign aimed at reducing bicycle accidents in Cape Coral and Fort Myers.

The signs, called "shared lane markings" or "sharrow" were approved late last year by the national Manual on Uniform Traffic Control Devices. Other communities, including Fort Lauderdale, Miami and West Palm, are expected to follow as authorities continue to combat the dangers of serious and fatal South Florida bicycle accidents.

The aim of the signs is to alert drivers in areas where bike lanes share the road.

"For anyone who cycles here in Lee County, it's a huge leap in the right direction," bicyclist Dan Moser told The News-Press.

Lee County authorities continue to struggle with high numbers of serious and fatal bicycle accidents; 17 Fort Myers bicycle accidents have been reported through May 26, while 15 Cape Coral bicycle accidents have been reported.

A report last year by BikeWalkLee found 190 cyclists were injured in Lee County in 2007; the motorist was at fault in 80 percent of cases.

Fort Myers will debut the pavement signs along a three-quarter-mile stretch of Gladiolus Boulevard between Hagie Drive and Pine Ridge Road.

Nationwide, 716 people were killed in bicycle accidents in 2008, according to the National Highway Traffic Safety Administration. More than 52,000 were seriously injured.

Florida leads the nation in fatal bicycle accidents. A total of 125 fatal bike accidents were reported in Florida in 2008. California was the only other state to report more than 100 fatal accidents -- 109 were reported. Tennessee was third with 53.

Still, the League of American Bicyclists moved Florida up 20 places to number 12 on its list of the most bike-friendly states.

As we reported recently on our South Florida Injury Lawyer Blog, officials in Southeast Florida are preparing to debut a bike-sharing plan aimed at providing rental bicycles to residents and tourists in Broward County and throughout the Fort Lauderdale area.

Continue reading "New signs aim to reduce bicycle accidents in Fort Myers, Cape Coral " »

A man was injured in a South Florida personal watercraft accident on Lake Okeechobee, the Palm Beach Post reported.

The water scooter accident happened near Pahokee State Park on Memorial Day. A man and a woman were riding scooters about 4:30 p.m. when the man crashed, according to a spokesman with Palm Beach County Fire-Rescue.

The victim was transported to a local hospital with possible injuries to his back and arm.

Jet Ski accidents and accidents involving personal watercraft continue to plague South Florida waterways. The Florida Fish and Wildlife Conservation Commission reports that six South Florida counties place in the top 11 for rate of watercraft accidents, including Broward (5th), Collier (11th), Lee (6th), Miami-Dade (4th), Monroe (1st) and Palm Beach (10th). More than 40,000 personal watercraft are registered in South Florida and dozens of riders are injured each year in accidents.

More than 600 Florida watercraft accidents occur each year, according to the Florida Department of Highway Safety and Motor Vehicles. And more than 140 riders have been killed in each of the last 5 years.

Most fatal accidents occur in the Ocean or Gulf, although about one-third happen in bays, lakes or ponds. In nearly half of all accidents, a watercraft is struck by another vessel. Other causes include colliding with a fixed object, falls, and skiing mishaps.

South Florida watercraft accidents can involve a number of factors, but poorly maintained rental equipment and other issues associated with rental watercraft continue to contribute to a significant number of serious and fatal accidents. Additionally, poor design, lack of proper warning labels and unclear operator instructions can also contribute to watercraft accidents.

Most personal water scooters do not even have brakes, making them difficult or impossible to stop when a rider is not using the throttle -- as is often the case when attempting to avoid an accident. Anyone injured as the result of a watercraft accident, should contact a South Florida injury lawyer to discuss their rights.

Continue reading "South Florida watercraft accidents a summer danger" »

The Consumer Products Safety Commission has issued an advisory warning of the dangers of ATV accidents as the summer riding season enters full swing with the Memorial Day weekend.

South Florida ATV accidents can occur year-round, thanks to the great riding weather. But, even in Florida, the summer months bring the increased risk of a serious or fatal accident.

Memorial Day historically begins the summer riding season -- 27 fatal ATV accidents occurred over the Memorial Day weekend last year. This year, at least 40 fatalities were reported just in the month of April, including 12 accidents involving children under the age of 16.

Each year, child deaths jump 30 percent between March and April. With the improving weather, adult deaths skyrocket 88 percent during the same time frame. July was the peak month last year, with 109 deaths reported, including 23 children and 76 adults.

"If springtime deaths and injuries are an indication of what's to come, we urge all ATV riders, young and old, to take all necessary safety precautions," said CPSC Chairman Inez Tenenbaum. "Far too many people are losing their lives and sustaining life-threatening injuries, which in many cases are preventable. CPSC is working diligently to ensure that the ATVs on the market meet mandatory standards and to promote safe riding practices."

With school letting out for the summer, Gregg Hollander and the staff at The Hollander Law Firm, encourage parents to talk about riding safety with their children. As a veteran South Florida child injury lawyer, Attorney Hollander understands the dangers of serious ATV accidents.

In cases where faulty design, inadequate warning labels, unclear instruction or other factors contribute to a serious ATV accident, an experienced injury lawyer can pursue a claim for damages against the manufacturer.

Additionally, manufacturers and dealers are now required by law to provide training instruction to new riders and their family members. Companies are also required to provide an incentive valued at $100 to help encourage new riders to take training offered by the ATV Safety Institute.

The Consumer Product Safety Commission urges riders to:

-Take a hands-on safety course.

-Wear protective gear.

-Obey passenger limits.

-Obey traffic laws.

-Always choose age-appropriate vehicles and gear for children.

The federal government also operates a website dedicated to ATV safety, which includes a wealth of safety information for riders, children and parents. Visit ATV Safety to learn more.

Continue reading "South Florida ATV accidents a concern as we enter the summer riding season" »