South Florida Injury Lawyer Blog

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 " »

A Fort Myers dog bite case is in the news after a 64-year-old woman was apparently viciously attacked by two Rottweilers, the News-Press reported.

The dogs reportedly dragged her by her ponytail and elbow, scrapping her around the concrete yard for 15 minutes before the animals were maced by Lee County sheriff's deputies. The dogs remain behind a fenced yard on Fort Myers Beach with signs warning of their danger. Lee County Animal Services claims there is nothing they can do about requests from the victim's family to have the dogs destroyed.

The woman underwent 13 hours of surgery on Thursday and has been hospitalized for 3 weeks. The victim said she did not want to provide a statement and did not want the dogs destroyed. After a 10-day quarantine, the dogs were released to their owner.

The incident happened June 24 when the victim went to the Fort Myers Beach home to pick up an 88-year-old woman. She was attacked while attempting to put the dogs in their cages so they would not interfere with the elderly woman's passage.

Dog attacks are a startlingly common occurrence. Nationwide, 4.5 million people are bitten by a dog each year, according to the Centers for Disease Control and Prevention. Nearly a million require emergency medical attention and more than 30,000 will undergo reconstructive surgery.

A Fort Myers dog bite lawyer should be consulted whenever someone is bitten by a dog. Children are the frequent victims and infections, scaring and emotional issues frequently result. As this case illustrates, adults can be victimized too and the injuries can be very serious.

Under Florida's dog bite law, a victim can seek a recovery under common liability, negligence, negligence per se, intentional injury or violation of the dog bite statute. Negligence per se deals with violation of other rules governing dogs, such as a local leash ordinance. Florida is a strict liability state, meaning an owner is responsible for injuries inflicted by a dog.

There are few exceptions, including trespass and comparative negligence, in which an owner's responsibility can be reduced in cases where the victim shares some of the blame for an attack, as in cases where a dog is provoked. Florida law states that small children are unable to contribute to an attack and will be held blameless.

In many cases, the animal in question is a family pet or the beloved pet of a neighbor or family member. In such cases, a Fort Myers dog bite attorney can work in as amicable a manner as possible to file a claim against a homeowner's insurance policy. Of critical importance is documenting the injuries and the fact that a dog was responsible. In the event of future medical complications, victims who are injured in an undocumented dog attack may be unable to collect damages.

Continue reading "Fort Myers dog attack leaves woman hospitalized for nearly a month" »

Our South Florida car accident lawyers are not surprised to see a report that shows four of the five communities with the highest rate of fatal DUI accidents are in South Florida.

Nationwide, one-third of all fatal traffic accidents involve drunk driving. If anything, these percentages are likely a little low because of various differences between state and federal reporting requirements.

A review of the 2009 crash data provided by the Florida Department of Highway Safety & Motor Vehicles shows Cape Coral drunk driving accidents rank the city among the state's most dangerous. More than 10 percent of the city's traffic fatalities are the result of drunk driving, a rate high enough to rank it as the state's third-most-dangerous city with a population over 100,000. The remainder of the Top 5 were Clearwater (12.99 percent), Palm Bay (11.5 percent), Port St. Lucie (8.88 percent) and West Palm Beach (8.77 percent).

Other cities of note include Miami (4.2 percent), and Fort Lauderdale (5.14).

The News-Press reported that the rate is even higher among some smaller cities:

-Fort Myers: 7.3 percent

-Bonita Springs: 20.1 percent

-Fort Myers Beach: 36.96 percent

-Sanibel: 5.71 percent

-LaBelle: 27.08 percent

-Lehigh Acres: 16 percent

-North Fort Myers: 10.91 percent

-Punta Gorda: 12.17 percent

-Immokalee: 12.12 percent

Statewide, the number of alcohol-related traffic fatalities declined, from 1,169 in 2008 to 1,004 last year.

Continue reading "Cape Coral at high risk for DUI accidents; 4 of top 5 large cities for DUI crashes located in South Florida " »

South Florida Injury Lawyer Gregg Hollander and the staff at the Hollander Law Firm want parents to know about a new government report that ranks child safety seats by ease of use.

Parents of young children can be overwhelmed by choices when it comes to choosing the best car seat for their child. The National Highway Traffic Safety Administration has recently issued the report with the hopes of assisting parents in making an informed decision.

Car accidents are the leading cause of death for children ages 3 to 20. In 2008, a total of 1,347 children under the age of 14 were killed in car accidents and 193,000 were seriously injured. Of those, about half were under the age of 8.

Florida car accidents killed 37 passengers under the age of 8 in 2008. Seventy-three children under the age of 14 were killed in Florida accidents. Only California and Texas report more child deaths.

The government's study looked at four areas in rating seats using a 5-star system:
-Ease of Instructions: Whether or not instructions were clear and easy to understand.
-Vehicle Installation Features: How easy the seat was to install in a vehicle.
-Evaluation of Labels: Examined the content and clarity of seat labels.
-Securing the child: The ease of properly restraining a child.

A Fort Lauderdale child injury lawyer or Palm Beach child accident attorney should be contacted whenever a child is seriously injured or killed in a traffic accident. In some cases, when it is determined that the safety seat was defective, contained unclear instructions, or was poorly designed, a product liability claim can be made against the manufacturer.

The full report, including dozens of child safety seat ratings, is available here.

Continue reading "South Florida injury lawyers urge parents to review child safety seats" »

Palm Beach car accidents could soon be avoided by vibrating driver's seats that warn of an impending collision, MSNBC reported.

Undoubtedly, the safety improvements in automobiles have contributed to the reduction in serious and fatal car accidents. As we reported on our South Florida Injury Lawyer Blog, fatal Florida traffic accidents have declined, from 2,983 in 2008 to 2,563 last year. Nationwide, the number of fatal accidents has declined sharply, from 42,836 in 2004 to 37,261 in 2008, according to the National Highway Traffic Safety Administration.

Safety improvements and new-age automobile features, including curtain airbags, backup cameras and backup warning systems, have certainly saved lives. But, to the extend that these systems lull a motorist into paying less attention, our Palm Beach injury lawyers think there is cause for concern. Backup warning sensors are a perfect example: A motorist that comes to rely upon them is at increased risk for an accident when he or she climbs into a car that is not equipped with the warning system.

In this case, the vibrating seat, which has been invented by a Yale professor, will warn a motorist of a vehicle approaching in a blind spot or in other hard-to-see locations around the rear of a vehicle. The vibrating, or "touch system," has the advantage of cutting through the array of visible and audible distractions in a vehicle and can also cue a driver to the location of the danger, according to the inventor.

"Looking at an (light) and converting that into an image of a car in your blind spot requires a little more cognitive ability than if something's touching you," Morrell told TechNewsDaily. "It's a more direct pathway into the brain, since touch gives you orientation for free."

The system uses vibrating cell phone motors to massage the area of the seat back that corresponds to the approaching danger. So that a car pulling alongside the right-rear of the vehicle will cause vibration in the lower right part of the seat.

We see a number of challenges with such a system. Heavy traffic being first and foremost. While the auto industry will no-doubt continue to debut such safety devices, motorists should rely primarily on remaining alert behind the wheel and practicing the sort of safe driving habits that can help reduce the risk of being involved in a serious or fatal South Florida car accident.

Continue reading "Risk of Palm Beach car accidents could be reduced by ... vibrating seats" »

Retailers and lawmakers are making too big a deal out of a new law that went into effect July 1, which requires a South Florida injury lawyer to prove that a business knew or should have known about a dangerous condition that resulted in a slip and fall accident.

Lawyers and Settlements reports that Florida had been among the best places to try such cases, because an attorney for a fall victim needed only to prove that the accident happened -- not that a business knew or should have known of the dangerous condition. Samantha Hunter Padgett, an attorney for the Florida Retail Association, told the Naples Daily News that the new law puts both sides on an "equal footing."

"The burden was on the defendant to prove they had maintained the premises in a safe condition," Padgett said. "Cases will still move forward and go to court. They still have to prove the premises had a duty to them and failed."

In reality, customers trip or slip on business property because of an unsafe condition. In just about every instance, a business or property owner either knew, or should have known of the unsafe condition. Wet floors, loose handrails, poor lighting and uneven sidewalks or pavement are frequent causes of fall injuries. Customers are injured all the time because of careless business owners.

And fall injuries are a very real threat to the health and welfare of older adults. Each year, 15,800 older adults die as a result of fall injuries and nearly 2 million are treated in hospital emergency rooms, according to the Centers for Disease Control and Prevention.

This is just another attempt to curb the rights of citizens on behalf of big business -- Publix Supermarkets was reportedly among the large retailers that pushed for the change in law. Supporters of the new rule, including Rep. Gary Aubuchon, R-Cape Coral, said slip and fall cases for retailers in the Sunshine State were double the national average.

Apparently, the fact that the Sunshine State is full of older adults was lost on him.

Continue reading "South Florida injury lawyers should represent victims of falls on business property" »

As we reported last week on our South Florida Injury Lawyer Blog, fatal Florida traffic accidents declined last year to 2,563, compared to the 2,983 reported in 2008.

While drivers were most frequently killed, a look at the statistics just released by the Florida Department of Highway Safety and Motor Vehicles reveals that Florida pedestrian accidents continue to be a primary concern, claiming nearly as many lives as fatal accidents involving motor-vehicle passengers.

When it comes to Florida car accidents, more than 100 motorists were injured for each motorist killed in an accident last year. Consulting an experienced Palm Beach car accident lawyer is a critical step toward protecting the rights of someone who has been injured in a car accident. Frequently, the extent of the injuries may not be known until months or even years after an accident. This can be particularly true of head, back and neck injuries. Failure to make a claim for injury may prevent you from seeking a future recovery and can have a dramatic impact on the financial well-being of you and your family in the event that you later suffer serious medical complications or become unable to work as a result of a traffic accident in South Florida.

Florida traffic accidents in 2009:

Florida Car Accidents: 1,120 drivers killed/ 120,248 injured. A total of 486 passengers were killed and 57,479 were injured.

Florida Motorcycle Accidents: 376 riders were killed and 7,435 were injured.

Florida Bicycle Accidents: 99 riders were killed and 4,376 were injured.

Florida Pedestrian Accidents: 482 were killed and 7,676 were injured.

Pedestrians ages 35 to 54 were most likely to be killed in an accident. Pedestrians crossing away from an intersection and those walking along the road were most likely to be struck and killed by a passing vehicle. Those two behaviors contributed to a total of 361 of 482 fatal pedestrian accidents.

Continue reading "A hundred motorists injured for every fatal Florida traffic accident in 2009" »

It could be several days before the sheriff's office releases additional information about a Palm Beach scooter accident involving a sheriff's van, the Post reported.

A 68-year-old West Palm Beach woman was critically injured in the crash Tuesday afternoon, which occurred when a sheriff's van struck the scooter while attempting to make a left turn onto Indian Drive from Westgate Avenue, according to the sheriff's report. The woman had to be extracted from beneath the van and was rushed to St. Mary's Medical Center in West Palm Beach.

Like Palm Beach motorcycle accidents, scooter accidents often lead to very serious or fatal injuries. Accidents involving law enforcement officers can be particularly challenging as the investigating agency is also at-fault in the crash. Anyone injured in an accident with law enforcement should always contact a West Palm Beach injury lawyer to review their case.

Authorities report a decision on whether or not to cite the driver of the sheriff's van or the victim will not be made until the van's driver goes in front of the department's Vehicle Review Board. Apparently, there is no opportunity for the victim to testify at the internal proceedings where it will be decided whether she should be charged.

Scooters are categorized as a motorcycle accident. Nationwide, 5,174 riders were killed in motorcycle accidents in 2008 and another 96,000 were injured, according to the National Highway Traffic Safety Administration.

A total of 523 riders were killed in Florida that year, making it the most dangerous state in the nation for motorcycle accidents except California, which reported 537 riders killed in 2008.

Continue reading "Woman critically injured in Palm Beach scooter accident after being hit by sheriff's van" »

More than 235,000 Florida car accidents were reported in 2009, claiming 2,563 lives and injuring more than 197,000 motorists, according to the Florida Department of Highway Safety and Motor Vehicle's annual report.

Somewhere in Florida an accident happens every 2 minutes, every day, all year long. While the 2,563 fatalities recorded in 2009 represents a four-year trend of declining traffic deaths, it still means that more than seven motorists a day are killed on Florida roads. A South Florida injury lawyer should be contacted whenever a motorist is involved in a traffic accident. Frequently, injuries resulting from an accident are not readily apparent. Head, back and neck injuries, in particular, can take months or even years to develop. Failure to protect yourself in the wake of a car accident can result in an inability to collect damages for long-term medical problems, loss of work or medical expenses.

A look at the numbers:

Traffic Accidents: 235,778

Fatal Accidents: 2,372

Traffic Fatalities: 2,563

Injuries: 197,214

Alcohol-related Fatalities: 1,004

Pedestrian Accidents: 8,248 crashes killed 482 pedestrians and injured 7,676.

Bicycle Accidents: 4,774 crashes killed 100 riders and injured 4,376.

Motorcycle Accidents: 8,313 accidents killed 402 riders and injured 7,435.

Understanding the factors that cause an accident can help protect a motorist from being involved in one. These statistics make several important points. First and foremost is the issue of Florida drunk driving accidents, which continue to be responsible for more than one-third of fatal accidents in Florida.

And, while motorcycle accidents declined by 25 percent last year, more than 400 riders were killed on the road, accounting for 1 in every 6 traffic fatalities.

The time of day also played a role. Friday at 4 p.m. was the most dangerous time on Florida roads; a total of 2,921 accidents were reported during the four o'clock hour. Sunday during the midnight hour -- Saturday night, in other words -- was the deadliest time on the road; 33 people were killed in accidents shortly after midnight Saturday.

Continue reading "A Florida car accident occurs every other minute, killing more than 7 motorists per day" »

The time of year and time of day you are on the road can have a significant impact on your chances of being involved in a serious or fatal Florida traffic accident, according to statistics just released by the Florida Department of Highway Safety and Motor Vehicles.

Fort Myers Car Accident Lawyer Gregg Hollander and the staff at The Hollander Law Firm continue to report the state's findings based on Florida accident data from 2009. While it comes as no surprise that Florida drunk driving accidents continue to be responsible for one-third of all fatal accidents -- and that pedestrian accidents and motorcycle accidents are responsible for large numbers of serious and fatal accidents -- the time of year and hour of the day you are on the road can have a dramatic impact on your chances of being involved in a South Florida traffic accident.

If you are on the road on a Friday afternoon in March, April or May you are at the greatest risk of being involved in a serious or fatal crash. Friday during the four o'clock hour reported the highest number of crashes with 2,921, while March, April and May reported the highest numbers of serious and fatal accidents.

Findings based on Florida accident data from 2009:

-4 to 6 p.m. is the most dangerous hours on the road during the week.

-The most fatal car accidents occur after 9 p.m. on Friday and Saturday night.

Florida car accidents by month:

January: 19,628
February: 18,508
March: 21,599
April: 20,296
May: 20,688
June: 18,512
July: 19,065
August: 19,375
September: 19,024
October: 20,118
November: 18,792
December: 20,173

The Most likely causes of a serious or fatal accident include:

Careless Driving (386 fatalities)
Driving Under the Influence (371 fatalities)
Failure to yield (205 fatalities)
Exceeding safe speed (126)
Exceeding speed limit (106)
Left of Center (56)
Disregard traffic signal (56)
Disregard stop sign (35)
Wrong Way (25)

Continue reading "Time of day, month of year, influences risk for Florida car accident" »

Florida's fatality rate dropped to the lowest level ever recorded last year as the number of serious and fatal accidents declined in many areas of the state, according to the Florida Department of Highway Safety and Motor Vehicles.

The news was not all good: The Cape Coral Breeze reported that Lee County saw an increase in fatal crashes, despite a reduction in the overall number of traffic accidents. The number of car accidents in Fort Myers and the surrounding area declined, from 5,188 in 2008 to 4,916 last year. However the number of fatal accidents increased to 80, from 77 in 2008.

But, overall, the number of fatal car accidents in Florida dropped to 2,563 last year, from the 2,983 deaths reported in 2008. The fatality rate (calculated by the number of deaths per 100 million miles traveled) dropped to 1.3, the lowest rate ever reported. Four decades ago, the fatality rate was 5.8.

As we reported earlier this year on our South Florida Injury Lawyer Blog, many experts attribute the decline to the poor economy, less travel and fewer visitors to South Florida. Accident rates may well increase with an economic recovery.

For now, officials are celebrating.

"While multiple factors influence the numbers, the declining trends are a testament to the emphasis that law enforcement agencies, safety advocates and businesses have placed on saving lives on our roadways," Executive Director Julie Jones said. "DHSMV will continue to work with our safety partners to add to the momentum we have gained in recent years so that we continue to see crashes, deaths and injuries decline in years to come."

-Overall traffic fatalities in Florida decreased for the fourth year in a row.

-Drunk driving fatalities fell by 14 percent to 1,004. Those figures still indicate that Florida drunk driving accidents are responsible for approximately one-third of all traffic fatalities.

-Motorcycle accidents declined by 24 percent, from 532 in 2008 to 402 last year.

-Bicycle accidents fell to an even 100, from the 118 that were reported in 2008.

-Pedestrian accidents declined slightly, from 502 in 2008 to 482 last year.

-Fatal accidents involving teenage drivers fell from 193 to 153.

Continue reading "Number of fatal Florida car accidents reach new low" »

Authorities are expected to be out in force over the weekend, looking for drunk drivers and other unsafe drivers in an effort to reduce the number of serious and fatal South Florida car accidents over the long Fourth of July holiday.

The Fort Lauderdale Sun-Sentinel reports that a 6 percent increase in travel is expected in South Florida, meaning thousands of additional motorists will hit the road to visit friends and family this weekend. Please allow extra time to reach your destination, avoid the use of cell phones while driving and other driving distractions, and celebrate responsibly.

While New Year's gets the majority of attention when it comes to drunk driving and the risk of serious or fatal accidents, the National Highway Traffic Safety Administration reports that Fourth of July and Thanksgiving have been the deadliest holidays on the nation's roads in recent years.

Nationwide fatal holiday traffic accidents in 2008:

New Year's: 104

Memorial Day: 370

Fourth of July: 437

Labor Day: 423

Thanksgiving: 439

Christmas: 364

The deadliest holiday in Florida last year was Thanksgiving (36), followed by New Year's (34), Fourth of July (30), Christmas (28), Labor Day (23) and Memorial Day (22), according to the Florida Department of Highway Safety.

Channel 13 News reports that the Florida Highway Patrol will be out in force in Florida from Friday morning through midnight Monday.

"Our troopers will take appropriate enforcement action on those drivers who put themselves and others in danger," said Col. John Czernis. We want everyone to have a safe traveling experience in our state as they enjoy the holiday weekend."

Continue reading "South Florida drunk driving accidents a danger over Fourth of July" »

South Florida Injury Attorney Gregg Hollander and the staff at the Hollander Law Firm wish each of you a safe and enjoyable Fourth of July. We encourage you to celebrate responsibly while on the road and on the water and to leave the fireworks to the professionals.

As a Florida child injury lawyer, Attorney Hollander understands the risk fireworks pose, particularly to young children. Two-thirds of fireworks injuries occur around the Fourth of July each year - one-third involve children under the age of 15 and nearly half involve young people under the age of 20.

Adults are at risk as well. Fireworks injuries are no joke and they are a frequent danger among families and novice users. Each year, more than 9,000 victims are treated in emergency rooms for fireworks-related injuries, according to the Centers for Disease Control and Prevention.

The most common injuries occur to the hands, eyes, head, face and ears. The most common causes of fireworks injuries are the availability of high-grade professional fireworks sold to consumers, being too close to fireworks, operator error, child curiosity and experimentation with homemade devices.

Blindness, third-degree burns and permanent scarring frequently result. House and vehicle fires are also a real danger. The National Fire Protection Association reports there were more than 22.500 fires caused by fireworks in 2008, including 1,400 structure fires and 500 vehicle fires.

The Consumer Products Safety Commission reports there are 200 fireworks accidents a day during the month surrounding the Fourth of July.

A South Florida premise liability claim may be filed when a victim is injured in a private fireworks display at someone's home or during a professional fireworks show. A product liability case may be filed in cases where fireworks were inappropriately or illegally sold to a consumer or in instances where a defective fireworks causes a serious injury or death.

Channel 5 News has reported that 4,700 Super Lightning Rockets are being recalled by the federal government. They were sold in Florida and three other states and were apparently overloaded with explosives.

You can visit the CPSC website for more information on the Florida fireworks recall.

Continue reading "South Florida injury lawyers and staff wish you a safe and enjoyable Fourth of July" »