Articles Tagged with boca-raton-injury-lawyer

Trip-and-fall injuries can occur on a myriad of different walking surfaces, and are usually caused by an uneven walkway or some type of non-obvious obstruction or hole. These type of incidents can result in severe and sometimes disabling injuries, so it’s important to explore all potential legal options that could assist victims with medical bills and compensate for pain and suffering. pebbles

Still, as our Boca Raton injury lawyers can explain, the fact that an injury occurred is usually not in and of itself enough to secure compensation. There must be evidence that the negligence of the property owner or property manager caused the fall that resulted in injury. Property owners have a duty of care to those invited on their site, especially if it is for business purposes. Companies that invite customers on site for the benefit of the company have a responsibility to regularly inspect the site and to keep it reasonably safe of potential hazards. Where such hazards exist and cannot be immediately addressed, customers are owed a warning.

In the recent case of Piotrowski v. Menard, Inc., the assertion was that plaintiff tripped and fell on a couple of small rocks that she did not see in the store parking lot. She fell hard on the concrete and sustained serious injuries. She alleged the store owner was liable for her injuries. But she had a tough time proving that it was the negligence of the store that caused her fall. The U.S. Court of Appeals for the Seventh Circuit recently reviewed.  Continue reading

The Hollander Law Firm, one of the most trusted injury law firms in South Florida, has taken on a challenging and legally complex case that has garnered the interest of Courtroom View Network, a legal news and analysis source founded by Michael Breyer, son of U.S. Supreme Court Justice Stephen Breyer.gregg hollander

We represent the plaintiff in Silkworth v. Boca Raton Regional Hospital, where the key question is causation. Specifically, what – or who – caused plaintiff’s paralyzing spinal cord injury in June 2012? Defendants assert the injury was the cause of a violent car accident, wherein plaintiff was seated in the back seat of a taxi. However, our claim is that while the plaintiff’s injuries at the time of the crash were indeed serious, it was the negligence of health care professionals who treated her that resulted in her paralysis.

Emergency health care workers are specially trained to be extremely cautious in their initial assessment of someone with spinal trauma. The standard of care almost universally dictates that when there is a clinical concern of a possible spinal injury, workers must immobilize the patient. That is, if there is any indication whatsoever that there could be a spinal cord injury, medical personal must immobilize. Generally speaking, proper immobilization will not hurt a patient who is not suffering a spinal injury. However, if a patient with a spinal injury is not immediately and properly  immobilized, it could cause profound and irreversible damage.  Continue reading

A diner at a restaurant in Texas seafood restaurant reportedly became seriously ill after consuming shellfish. Now, in a personal injury lawsuit filed against the restaurant corporation, he alleges that he ordered a dish of fried oysters and crawfish, making explicit instructions to the waiter to make sure there was no shrimp or shrimp residue on the plate. But allegedly, the waiter failed to relay that message to the kitchen staff. restaurant

The waiter returned to the table and assured the patron there was no shrimp in the food on his plate, according to the SE Texas Record. However, soon after the plaintiff began eating, the plaintiff began to suffer a severe allergic reaction. An ambulance had to be called and the man was whisked to a local emergency room. It was his wife who reportedly learned that their server that night had forgotten to report her husband’s shrimp allergy to the kitchen.

Now, that man has filed a personal injury lawsuit, seeking unspecified monetary damages, likely for medical expenses and lost wages (if he was forced to take time off work).  Continue reading

Anyone can catch a cold year-round, but people are most susceptible to the common cold during the winter months, as colder, drier air more easily spreads germs among those indoors. Most people don’t think much of going about their day with the common cold. However, research suggests that if you are sick, you may be a danger to yourself and others on the road.medicine

For example, one study by the Cardiff University’s Common Cold Centre in the U.K. reports that concentration when one is driving with a bad cold or a flu is lowered by 50 percent. To put that into perspective: That’s like drinking four double whiskey shots. Researchers studying the effects of being ill on reaction times behind the wheel discovered that sudden braking became increasingly common among sick drivers, who were much less aware of their surroundings. Instances of drivers hitting the curb went up by a third, as drivers were also apparently less capable of accurately judging the distance. A heavy cold, researchers say, impacts a motorist’s mood, judgment and concentration – all of which play a central role in safe driving.

Aside from this, there are numerous cases of drivers who are impaired by medications – both over-the-counter and prescription – to treat colds, the flu and other conditions. Just recently in South Carolina, a woman was criminally prosecuted in Kranchick v. State for driving impaired on cold medication, which resulted in her losing control of her vehicle on the highway, slamming into a tractor trailer and a smaller truck, killing that vehicle’s driver and seriously injuring a passenger and the tractor-trailer driver.  Continue reading

The manufacturer and distributors of blood-thinning drug Xarelto are, as of this juncture, facing more than 9,000 personal injury and wrongful death lawsuits – and more are continuing to pile up. pills

Defendants Bayer AG (a German company) and distributor Janssen Pharmaceuticals (a U.S. company that is a subsidiary of Johnson & Johnson) are accused of failing to adequately warn the public of the possible danger associated with the drug. Many of those who have filed lawsuits alleged the drug caused them to suffer severe bleeding in their intestines or brain, resulting in severe side effects that ranged from hospitalization to death.

A U.S. District Court in Louisiana is overseeing a multi-district litigation that involves more than 7,000 cases. Of those, four are slated to be heard in the next 12 months. The outcome of these so-called bellwhether cases will determine whether defendants are likely to settle future cases (because it’s unlikely defense will prevail) or whether they will continue to fight the litigation. Those four bellwhether cases stem from cases in Louisiana, Texas and Mississippi. In addition to those 7,000 pending cases, there are another 1,000 Xarelto lawsuits pending in a Delaware multi-district litigation and another 1,000 before a state court in Pennsylvania. Continue reading

A federal lawsuit filed against Mexican fast-food chain Chipotle by its shareholders alleges that company leaders failed in their response to a series of food-borne illness outbreaks that sickened customers across the country. This lawsuit was filed by shareholders who accuse the top company brass of unjust enrichment while making a series of missteps. The company’s two co-CEOs earned $14 million each last year. They and eight other executives are named in the lawsuit, according to The Denver Post.foodplate

Although this particular lawsuit focuses on the alleged business failures of the firm and its leaders – not the 500-plus people who were actually sickened in these E. Coli outbreaks – the filing does shed light on the company’s reportedly poor food safety procedures and lacking response once serious problems were exposed. The company’s stock lost nearly half of its value from the time the outbreaks become public in August 2015 (when shares were at $757) to just last week (when shares were at $395). In addition to seeking monetary damages for shareholders, plaintiffs are demanding better internal policies that will ensure the company complies with food safety laws in the future.

The company operates nearly 2,000 restaurants in the U.S. and has more than a dozen abroad. The company last year and into this year was embroiled in a food safety scandal after hundreds of people got sick. One of those cases, referenced in this lawsuit, was a norovirus outbreak in Washington state. The company has never publicly acknowledged that particular outbreak, in which it is alleged a supervisor ordered a sick worker to come in to work – even though she was sick – unless she could find a replacement. The worker spent four hours on the clock, vomiting. This, a state health inspector later noted, was “the smoking gun” in the outbreak that ensued, causing at least 234 people who dined at the restaurant to become sick with acute gastrointestinal illness. Continue reading

When a person alleges negligence on behalf of a professional person who was acting in the scope of employment at the time of the purported wrongful act, it may be necessary for the plaintiff to secure expert witness testimony.

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In these cases, a finding of negligence necessitates plaintiffs prove the defendant deviated from reasonable industry standards. Mostly, we see this in medical malpractice cases, though it could apply in other situations too.

In the recent case of Bixenmann v. Dickinson Land Surveyors, Inc., the Nebraska Supreme Court was asked to decide whether the lower court erred in granting summary judgment to defendant land surveyors, who were alleged to have been negligent in placing stakes on a property over which plaintiff later tripped. The lower court had ruled plaintiff hadn’t proven his case because defendant was acting as a professional – licensed and regulated by the state – and no expert witness testimony had been presented to assert he’d violated industry standards.  Continue reading

In early May, a fatal car accident on a Florida highway seemed like just one of the many tragedies that occur on our roads daily. The driver, a 40-year-old from Canton, Ohio operating a Tesla car in Williston, Florida, had crashed into a tractor-trailer while traveling 65 mph.drivingsleepy

But then in late June, federal authorities got roped into the investigation when it was learned the Tesla’s Autopilot system was engaged at the time of the crash. In effect, this was a self-driving car, which are touted as infinitely safer options than human-operated vehicles. After all, human error is the cause of 90 percent of all crashes. Yet despite the fact that the Autopilot system was engaged, neither the driver nor the system activated the brakes before the car struck the tractor-trailer.

Now the federal government wants answers. But Tesla insists the cars are safe. There are 70,000 Tesla cars on the road that have this Autopilot feature. Representatives with the company insist the systems are safe when used as intended, and the problem in these cases is more likely than not driver error. That is, they aren’t using the systems properly. Continue reading

Two major recalls have been issued involving products made by Swedish company IKEA, a leading global home furnishings provider with more than 300 stores globally.teddybear

These recalls could prompt a flood of product liability lawsuits against the company, particularly given the fact that at least one has led to multiple child deaths.

The first involves more 29 million chests and dressers sold in the U.S. and another 7 million sold in Canada. The children’s chests and dressers involved in the recall are higher than 23.5 inches, while the adult chests and dressers are higher than 29.5 inches. The problem is these furniture pieces aren’t stable if they aren’t properly anchored to the wall, which could result in a major tip-over and entrapment hazard that poses a high risk of serious injury or death to children. Tragically, that’s exactly what’s happened, at least three times that we know of.

According to the Consumer Product Safety Commission (CPSC), the first known incident occurred in February 2014, when a 2-year-old Pennsylvania boy died after a 6-drawer IKEA dresser tipped offer and trapped him against his own bed. Then in June that same year, a nearly-2-year-old boy in Washington state died after he was trapped by a 3-drawer IKEA chest that had tipped over. Continue reading

Last year, a record 105 million tourists visited the state of Florida. It was the fifth consecutive year for record visitation to the Sunshine State. tourist

Of those who visited:

  • 89.8 million were domestic visitors who traveled to Florida (reflecting an 8 percent increase over the previous year);
  • 11.2 million visitors were from overseas;
  • 4 million visitors came from Canada.

While most tourists enjoy pleasant vacations and return home with a tan and great memories, some unfortunately leave with injuries. When those injuries are the result of someone else’s negligence, navigating the legal system in order to obtain compensation for medical bills, lost wages and pain and suffering can be difficult. You need an attorney who understands U.S. and Florida law and who is well-practiced in representing tourists.  Continue reading