South Florida Injury Lawyer Blog

Retailers are counting on Black Friday and the upcoming holiday shopping season for up to half of their profits for the year. As a child injury lawyer in Boca Raton and Fort Lauderdale, Gregg Hollander and the staff at The Hollander Law Firm, urge you to pay particular attention to the products you are bringing into your home.

Defective children's products are a common danger, particularly around the holidays.

The Consumer Products Safety Commission recently touted progress when it comes to cracking down on dangerous or deadly toys, saying recalls have dropped from 172 in 2008 to 44 so far in 2010.

We are not sure a recall a week involving children's toys is cause for celebration. Those statistics are also misleading because the government separates other products, such as cribs and strollers, that are also meant for children. More than 120 non-toy children's products have been recalled thus far this year.

Toy-related fatalities resulted in the deaths of 12 children under the age of 15. And the government reports that toy-related injuries are increasing. Last year, 186,000 emergency room injuries were reported involving children under the age of 15, compared to 152,000 in 2005.

"By limiting metals and chemicals in toys and making the voluntary standard mandatory, CPSC has put safeguards in place for toys to better protect children," said Chairman Inez Tenenbaum. "The increase in injuries is a concern, and we want parents to make safe purchases and for children to be safe at play. To help keep what has been called the most wonderful time of the year happy and incident-free, CPSC is encouraging consumers to adopt a three-pronged safety approach."

Safety tips for purchasing toys this holiday season include:

-Always buy age-appropriate toys.

-Purchase appropriate safety gear with bikes, scooters, skates and other toys.

-Be mindful of the environment in which a child is permitted to play -- which should be away from traffic, parking lots, ponds and other hazards.

-Use caution around toys with small parts, which can cause a choking hazard, particularly for children under 3.

-Balloons can present a choking hazard. Discard deflated or broken balloons.

-Magnets - can cause serious injury or death if swallowed by small children.

-Discard packaging and wrapping immediately after presents are opened.

-Keep toys for older children away from younger children.

Continue reading "Defective children's products a holiday danger in South Florida" »

Nearly 20 percent of hospital patients are injured by medical error despite programs put in place to improve patient safety, according to a new study published in the New York Times.

Medical malpractice lawyers in Fort Lauderdale and West Palm Beach frequently deal with the leading issues revealed by this study: surgical error, complications of prescription medication or drug therapy, and hospital-acquired infections. Still, it's staggering that 18 percent -- or 1 in 6 patients who are admitted to the hospital for medical care -- suffer harm at the hands of medical staff.

This study -- conducted at 10 hospitals in North Carolina because they had done a better job than hospitals in other states of participating in safety-improvement programs -- found that 63.1 percent of the injuries could have been prevented. The improvement programs were designed after a landmark study in 1999 found that 98,000 deaths and more than 1 million injuries were being caused by medical mistakes each year in the United States.

The safety programs had no appreciable impact on errors, most of which were caused by a hospital's failure to use measures proven to prevent mistakes and avoid infections. A 2008 study by the government came to similar conclusions when it found that 13.5 percent of Medicare beneficiaries experienced adverse events while hospitalized. The medical mistakes contributed to death in about 1.5 percent of cases -- or 15,000 patients in the month studied.

When judged by number of injuries per admission, the results were even more disturbing -- 25.1 injuries were reported for every 100 patients admitted to the hospital. In nearly half of the cases, extra time in the hospital was required.

In 3 percent of cases, a patient suffered permanent injury -- such as brain damage from a preventable stroke following surgery.

The report found that computerized systems for ordering drugs can reduce errors associated with dispensing medication by up to 80 percent. However, only 17 percent of hospitals have such systems.

Continue reading "Hospital error frequently contributes to medical malpractice in Fort Lauderdale, West Palm Beach, Boca Raton" »

With the Thanksgiving holiday upon us, the South Florida car accident attorneys and staff at Hollander Law Firm would like to wish each of you a safe and happy holiday with family and friends. And given that South Florida is a leading holiday destination for family and vacationers alike, we would also like to remind you that with increased traffic congestion comes an increased risk of South Florida car accidents.

In fact, the Florida Department of Transportation anticipates that on Wednesday alone, I-95 will see more than 65,700 motorists - a nearly 50 percent spike in "normal" traffic numbers - take to the road. Saturday and Sunday are expected to be slightly less busy for travel on I-95, TCPalm reports, but, based on last year's traffic data there will still be a jump of anywhere between 9,000-19,000 more drivers on the highway this Thanksgiving weekend.

The AAA Foundation expects this holiday seasons to be among the busiest travel holidays in years. They anticipate an 11.4 percent increase in the number of Americans traveling more than 50 miles over 2009 figures. That translates into 42.2 million travelers - 39.7 million by motor vehicle, and 1.62 million holiday fliers - who will be in transit between Nov. 24 and Nov. 28.

"While Americans remain cautious with household budgets and discretionary spending amidst high levels of unemployment, many are in a better financial position this Thanksgiving than a year ago," said AAA President and CEO Robert L. Darbelnet. "This improvement, along with a strong desire to spend time with friends and family, is expected to propel a significant increase in Thanksgiving travel."

The National Highway Traffic Safety Administration would like to remind drivers and passengers alike that the best way to stay safe while traveling includes following these simple tips:

~ Wear your seat belt.

~ Stay off your cell phone. Leave the radio alone. Pay attention to the road.

~ Don't drink and drive or drive while medicated. Period.

~ Don't drive if you feel fatigued to the point where you are struggling to keep your eyes open.

~ Obey all traffic laws, especially the speed limit.

~ Share your travel plans with friends and family.

Continue reading "Thanksgiving weekend busiest travel holiday of the year for South Florida motorists" »

The St. Petersburg Times is reporting that nine bicyclists have been killed in the area in recent months.

Bicycle accidents in Fort Lauderdale, West Palm Beach and Boca Raton are a common danger through the winter months. As most of the rest of the country puts the bicycles away for the winter, the risk of a bicycle accident in South Florida actually increases with the increasing number of bicycles on the road. Tourists, winter residents and year-around residents all take to the bike trails to enjoy the cool breezes and mild temperatures of winter in South Florida.

In fact, the National Highway Traffic Safety Administration reports that Florida is the most dangerous state in the nation when it comes to bicycle accidents. In 2008, a total of 125 fatal Florida bicycle accidents were reported, compared to 109 in California, which was the only other state in the nation to report more than 100 deaths. Texas reported the third-highest number of bicycle fatalities, with 53 people killed.

Nationwide, more than 1 in 7 fatal bicycle accidents occurred in Florida. A total of 716 riders were killed in 2008 and 52,000 were injured. And, as cycling's popularity has increased for recreation and fitness, so has the number of older riders, particularly men, who are seriously injured or killed in accidents.

In the latest Tampa accident, a 64-year-old rider was struck and killed by a Jeep on U.S. 41 -- becoming the 9th bicycle fatality in Tampa in little more than three months. The Florida Highway Patrol reports the rider did not have lights and was not wearing a helmet.

The bicyclist was struck from behind and pushed into a power pole. The other riders killed recently have ranged in age from 30 to 52 and all but one has been male.
Safe Florida bicycling tips are available here.

Continue reading "Winter in South Florida a deadly time for bicycle accidents" »

A recent appeals court ruling (Marion v. City of Boca Raton) ruled that a driver may sue the City of Boca Raton for a car accident allegedly caused by a defective traffic light.

We have written here before about accidents caused by defective roads in South Florida. Those who have been injured should contact an experienced Boca Raton car accident lawyer to discuss their rights.

The court ruled the accident victim may proceed with a negligence claim against the city of Boca Raton for failing to repair the traffic light. The victim was westbound on Glades Road at Renaissance Way, where the traffic signals had malfunctioned and were operating in safe mode. The lights were flashing yellow for drivers on Glades Road and red for drivers on Renaissance Way. The victim struck a car traveling north on Renaissance Way.

In its ruling, the court noted that the city had twice been called to the intersection in the 36 hours before the accident. On each occasion, the workers reset the lights but allegedly did not correct the underlying problem.

The city had argued it did not have an obligation to fix the light, only to warn of a problem, which the lights did in safe mode. The city also argued the malfunctioning light was not responsible for the accident. A judge in the Fifteenth Judicial Circuit Court of Palm Beach County bought the city's argument and dismissed the case.

The Florida Court of Appeals reversed the ruling. The court found the city did have an obligation to keep the light in good repair and that the flashing warning lights did not relieve the city of its obligation.

Continue reading "City can be sued for defective traffic light that led to Boca Raton car accident" »

A recent article in Woman's Day explored the Top 10 driving mistakes drivers are most frequently guilty of committing. As the winter tourist season gets under way, it is an excellent time to start a conversation with friends and family members about the importance of safe driving habits.

West Palm Beach Injury Attorney Gregg Hollander and the staff at the Hollander Law Firm understand that few car accidents are "accidents" in the strictest sense of the word. Drunk driving and speeding, for example, are each responsible for about one-third of the nation's traffic fatalities. And more than 5,000 drivers a year are killed in accidents involving distracted driving.

And the Florida Department of Highway Safety and Motor Vehicles reports that car accidents in Fort Lauderdale, Miami and the West Palm Beach area, occur more frequently than anywhere else in the state.

1.You are not paying as much attention as you think: Cell phones are the biggest contributor to distracted driving car accidents. Florida is one of a dwindling number of states that has not outlawed cell phone use or text messaging by drivers. Even hands-free devices are dangerous -- In fact, some studies suggest they are no safer at all.

2. You are focused on the wrong area of the road: Drivers should spend more time focusing on the area immediately in front of their vehicle, instead of down the road at streets signs and upcoming exists.

3. Not paying enough attention to tire pressure: Not enough attention is paid to the role that worn or underinflated tires play in an accident. If the tire warning light on your dash illuminates, you have already waited too long. Low tire pressure uses more gas, makes it harder to maneuver and can lead to a tire blowout, which is a leading cause or rollover accidents.

4. Poor parallel parking skills: Poor skills can damage tires and increase the risk of a pedestrian accident.

5. Spending too much on gas: Premium fuel is often unnecessary unless recommended by the owner's manual.

6. Lack of respect for wet roads: We all know about the torrential summer rains in South Florida. Too few of us pull over and wait for them to pass. Accidents are much more likely to occur on wet and slippery roads, flooding and reduced visibility are also common dangers.

7. Using too much pressure on the gas and brake: Driving like there is an egg under the pedal will not only improve your fuel economy but can reduce the risk of an accident.

8. Wishy-washy turns: Hesitating about turns can lead to an accident. Slowing down, speeding up, turning signals on and off, moving in and out of lanes. Too often, a driver who sees you move toward an exit or a turn will commit you to follow through. Failure to do so can result in an accident.

9. Your car is a poor fit: Cars are not one-size-fits-all. Seats and mirrors should be properly adjusted. About 8 to 10 inches should remain between you and the airbag for proper inflation. Seat belts should cross the middle of the shoulder and chest. Head rests should reach the top of your head.

10. Your vehicle is poorly maintained: A $25 monthly fund can help with routine maintenance and more costly repairs. Driving a poorly maintained vehicle increases your risk for an accident.

Continue reading "Safe driving tips can reduce risk of car accidents from Boca Raton to Miami" »

As the winter residents return and the tourism season begins, the issue of older drivers and the risk of Fort Lauderdale car accidents and traffic accidents throughout South Florida is again in the news.

Our Fort Lauderdale injury lawyers have written before about the risks faced by older drivers and the challenges loved ones have when it's time to talk to them about giving up the keys. Perhaps nowhere in America are those risks more acute than during winters in South Florida.

The National Highway Traffic Safety Administration reports that car accidents involving older drivers injure more than 183,000 seniors a year. More than 5,500 drivers over the age of 65 were involved in fatal crashes in 2008 and nearly 1,000 were involved in fatal pedestrian accidents.

The 474 seniors killed in car accidents in Florida were the most reported by any state. California was second with 423. Eighty percent of accidents involving seniors occur during the day and 72 percent happen during the week.

The USA Today reports the issue is set to grow exponentially as the Baby Boomers retire. While 1 in 10 U.S. residents was over the age of 70 in 2000, that number is expected to grow to 1 in 5 residents by 2040. A study by the AAA Foundation for Traffic Safety found that fatality rates for drivers begin to climb at age 65. For those ages 75 to 84, the fatal accident rate is equal to that of teenagers, who are the most dangerous drivers on the road. After age 85, the fatality rate skyrockets to four times the rate of teen deaths.

The confluence of longer life spans and the aging boomers means that drivers over the age of 65 are expected to be responsible for 25 percent of all car accidents by 2030, up from 11 percent today.

Knowing how to approach the subject with an aging parent or loved one can be half the battle. The article suggests that planning ahead by years, or even decades, can greatly assist families in ensuring the safety of a loved one in as amicable a manner as possible. Downsizing an aging parent out of a house and into an area with public transportation is one option. Making it a conversation for retirement planning -- what the warning signs should be and when it's time for a parent to stop driving -- can also be a non-threatening time to have such a conversation.

Tips for Florida senior drivers and families are available here.

Continue reading "Risk of Fort Lauderdale car accidents among senior drivers a common danger in South Florida" »

The National Highway Traffic Safety Administration is urging motorists to use extra caution in an effort to reduce the risk of pedestrian accidents in West Palm Beach and elsewhere as the clocks roll back and everyone adjusts to making the evening commute in the dark.

Our West Palm Beach Accident Lawyers know that the risk of all types of traffic accidents increases at night. But the risk of serious and fatal injuries that frequently result from pedestrian accidents has safety advocates preaching extra caution to be on the lookout for walkers.

Florida is consistently among the most dangerous states in the nation for pedestrian accidents. In 2008, more than 10 percent of the nation's 4,378 fatal pedestrian accidents occurred here in Florida. In all, 490 people were killed in Florida pedestrian accidents; only California reported more deaths.

Nearly 40 percent of fatal pedestrian accidents occur in the hours surrounding dusk or dawn, with a full one-fourth of all accidents reported between 4 and 8 p.m. As drivers get used to driving again in the dark, motorists are also at increased risk of being involved in distracted driving accidents.

The agency encourages pedestrians to carry flashlights and wear reflective clothing or material.

Other safety tips for Florida drivers and pedestrians include:

DRIVERS
-Slow down at dusk; more time is required to see and react to events around you.
-Don't count on pedestrians to hear your approach.
-Keep windshields and mirrors clean and clear. Make sure windshield wiper fluid is full and that wipers and defrosters are in proper working order.

WALKERS
-Carry a flashlight and/or wear reflective tape or clothing. Take a flashlight and make sure a driver sees you before proceeding.
-Don't count on traffic signals. Drivers may be distracted or ignore them.
-Don't cross between vehicles and avoid jaywalking -- use crosswalks whenever possible.
-Use sidewalks.
-Walk facing traffic.

Continue reading "Early dark brings increased risk of West Palm Beach pedestrian accidents" »

Our Boca Raton injury lawyers encourage you to take to heart the message of Drowsy Driving Prevention Week, Nov. 8 to 15, and talk to friends and loved ones about the dangers of driving while tired.

An increasing amount of evidence suggests that drowsy driving is responsible for significant numbers of car accidents in Fort Lauderdale, West Palm Beach and elsewhere in South Florida.

A new study by the AAA Foundation for Traffic Safety found that 41 percent of drivers admit to having fallen asleep at the wheel at some point. One in 10 say they have fallen asleep while driving at some point in the last year. And one-fourth of drivers admit to driving while so tired they could hardly keep their eyes open at some point in the last month.

"It is shocking to consider that one quarter of drivers admit to operating a vehicle in the last month in an incapacitated state," said David Cloud, CEO of the National Sleep Foundation. "We applaud AAA's work to elevate this issue for public scrutiny and action."

The National Highway Traffic Safety Administration reports that one-sixth of all fatal crashes involve a drowsy driver, leading to the death of more than 5,500 motorists a year. One in 8 accidents that result in hospitalization and 1 in 14 crashes that require a tow truck also involve a drowsy driver.

"When you are behind the wheel of a car, being sleepy is very dangerous. Sleepiness decreases awareness, slows reaction time, and impairs judgment, just like drugs or alcohol, contributing to the possibility of a crash," said AAA Foundation President Peter Kissinger. "We need to change the culture so that not only will drivers recognize the dangers of driving while drowsy but will stop doing it."

Among the other findings of the report:

-Young drivers ages 16 to 24 were twice as likely to be involved in a drowsy driving accident, compared to drivers ages 40 to 59.

-Two-thirds of drowsy driving accidents involve men.

-Those riding with a passenger were half as likely to be involved in a drowsy driving crash.

-About 57 percent of drowsy driving crashes involve a driver who drives off the road or into other lanes of traffic.

Continue reading "Drowsy driving a common cause of car accidents in Boca Raton, West Palm Beach" »

"In-season" in Florida naturally brings more drivers on the road, increasing the risk of automobile accidents. Holidays and student events, such as homecoming, also mean we'll see more teen drivers on the road.

Our Fort Lauderdale injury lawyers and Fort Myers car accident attorneys frequently write about the dangers of car accidents among teenagers. Heading into the holiday season, and the winter tourist season, we encourage you to make safe driving conversations a regular part of your interaction with your teenagers.

According to the National Highway Traffic Safety Administration, 5,864 15-to-20-year-old drivers were involved in fatal crashes in 2008 and 2,739 15-to-20-year-old drivers were killed. An additional 228,000 were injured.

As we often report, car accidents are the leading cause of death for children ages 3 to 20.

So how do parents minimize the risk that their teenage children will be involved in an automobile accident? According to an article in USA Today, parents are increasingly turning to a low-tech solution in today's high-tech world: parent-teen driving contracts.

The contracts are designed to govern almost every aspect of a teen's driving, from prohibitions of drugs, alcohol, and texting while driving to what passengers are allowed to when car payments must be made. For parents, the contracts provide an element of predictability, because their teen drivers know exactly what is expected of them and what the consequences for non-compliance are. For teen drivers, the contracts provide boundaries and pre-determined consequences for exceeding those boundaries.

"It's a way for parents and teens to engage each other and agree on what the consequences are," according to Arlene Greenspan, a senior scientist with the Injury Center at the Centers for Disease Control and Prevention's Injury Center. "Writing it down clarifies for everybody what the rules are."

The contracts are typically modified as teen drivers gain experience, with parents easing restrictions as a reward for compliance.

Parent-teen contracts are available from AAA, most insurance companies, and the CDC. Here is an example of a Florida parent-teen driving contract.

With the increase in drivers on Florida roads, the risk of accidents also increases. Even if you don't draw up a formal contract, we encourage you to spend extra time talking with your teen driver about your expectations and responsibilities of driving.

Continue reading "In-Season: Preventing teen car accidents from Fort Myers to Fort Lauderdale" »

Having surgery of any kind can be frightening. You can't help thinking about what may go wrong. One thing you shouldn't have to worry about is being attacked by ants. But this is exactly what happened to 76-year-old Cornelius Lewis recently at the Gulf Coast Medical Center, according to his son, Neil Lewis. The senior Mr. Lewis was reportedly bitten "a couple hundred" times before a nurse discovered the problem. He was then moved to another ICU room, which was also infested.

Our Fort Myers injury lawyers fight for the rights of nursing home and hospital patients who have suffered from neglect, abuse or malpractice. As nursing home neglect and abuse attorneys, we know patients are often most at risk for such conditions in area nursing homes and assisted living facilities.

Whether or not an ant infestation in the ICU constitutes malpractice or negligence, it certainly should serve as a warning of the increasing problems regarding infections and inadequate hygiene in health care facilities.

Patients of healthcare facilities, such as hospitals and nursing homes, deal with a variety of neglect issues. For example, hospitals have been plagued by deadly bloodstream infections that are easily preventable, yet continue to proliferate because facility administrators fail to adequately address the problem, according to a recent Washington Post.

Approximately 80,000 patients per year develop bloodstream infections caused by catheters that are either improperly prepared or left in too long. According to the Centers for Disease Control and Prevention, about 30,000 patients die as a result.

These infections, however, can be prevented. Taking steps such as using sterile masks, hats, gowns, gloves and patient drapes, cleaning patients' skin with antiseptic, putting a sterile dressing over the catheter site, and even simply washing hands have all proven effective.

Preventing infections has monetary advantages as well. According to a professor at Johns Hopkins University School of Medicine, implementing effective infection-control programs costs about $3,000 per infection, while an infection costs between $30,000 and $36,000.

Continue reading "ICU ant attacks might be rare, but South Florida medical facility continue to struggle with cleanliness, infections, malpractice" »

In cooperation with Graco Children's Products Inc., the U.S. Consumer Product Safety Commission is recalling approximately 2 Million Quattro and MetroLite strollers that have been linked to the deaths of four infants.

Florida Defective Product Attorney Gregg Hollander represented the family of one of the infants at trial, where he argued the company needed to be held responsible for marketing dangerous and deadly products to young families.

Children's products are recalled more frequently than many other types of products, in part because people are very protective of their children. The federal government has recalled more than 100 children's products so far this year, and it is Graco's second stroller recall this year. In 2010, Graco also recalled cribs and high chairs.

This recall, Graco's fourth overall this year, is in response to reports that four infants have strangled in these strollers between 2003 and 2005. There are also reports of one infant experiencing trouble breathing and five infants that became entrapped, resulting in other injuries.

Infants younger than 12 months old are particularly at risk. Infants in the strollers may become entrapped or strangled when their bodies pass through an opening between the stroller tray and stroller seat bottom. If the infant's head does not pass through, the infant may become trapped, potentially leading to strangulation.

The Quattro stroller models being recalled were manufactured before November 2006, and the MetroLite models being recalled were manufactured before July 2007. All models were distributed between November 2000 and December 2007.

In January 2008, a voluntary industry standard was established that addressed the size of the opening between the stroller tray and stroller seat bottom, mandating larger openings that prevent entrapment and strangulation hazards.

Model numbers for the Florida stroller recall are here.

The strollers, manufactured in China, were sold at various retail outlets, including Burlington Coat Factory, Meijers, Sears, Walmart, AAFES, Fred Meyer, Babis R Us, Target, Navy Exchange for between $90 and $250.

Continue reading "South Florida child injury warning: Fourth Graco Defective Product This Year" »