COVID-19 Update: How We Are Serving and Protecting Our Clients

Articles Tagged with boca-raton-personal-injury-lawyer

More than 30,000 people die and many tens of thousands more are injured every year in the U.S. as a result of gunshot wounds, either self-inflicted or as a result of violence. Firearm manufacturers and dealers are largely shielded from liability by federal law. However, that does not mean they are totally immune. gun

Recently in Missouri, a pawn shop owner agreed to pay $2.2 million to settle a wrongful death lawsuit filed by a woman whose mentally ill daughter shot and killed her father before attempting suicide on herself. Days before the incident, plaintiff had gone to the pawn shop to beg them not to sell her adult daughter a gun. Just weeks earlier, her daughter had purchased a firearm legally from the shop, only to use it to attempt suicide. Plaintiff explained to the shop owner that her daughter is schizophrenic and may be a danger to herself and others. This request was reportedly ignored.

While immunity statutes enacted by the federal government and 34 states protect gun shops and dealers – but there are exceptions. In 2005, Congress enacted a federal law that gives broad immunity to gun dealers from most civil liability actions asserting injury or death as a result of firearms.  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

Preventable injuries and deaths resulting from medical errors is still a significant problem. No one is asserting otherwise. Since a startling National Institute of Medicine report in 1999 indicated an estimated 98,000 people die each year in hospitals as a result of preventable hospital errors. doctorpatientrelationship

Now, however, the U.S. Department of Health & Human Services reports a 17 percent decline in the number of hospital-acquired conditions from 2010 to 2013, which officials translated to 50,000 fewer deaths and a savings of $12 billion nationally.

Still, researchers have reason to believe there are some 600,000 people nationwide who suffer serious health consequences as a result of medical errors. These kinds of mistakes include:

Many people living with disabilities rely on transportation services – both public and private – to get where they’re going. These entities have a duty to ensure their vehicles, equipment, procedures and drivers act in a manner that will preserve the safety of their patrons. wheelchair2

Our West Palm Beach injury lawyers note this was unfortunately not the case in MV Transp., Inc. v. Allgeier. The case was recently weighed by justices of the Kentucky Supreme Court, though the theories of negligence are the same as would be applied here in Florida. In this case, according to court records, the rider of the bus, who used a wheelchair, boarded the bus to head home on a freezing cold day in December 2006. The driver reached the rider’s stop at around 5 p.m., and engaged the wheelchair lift so the rider could disembark.

However, steel plates that typically shift to bridge the gap between the bus and the floor of the lift were misaligned. So instead of facilitating the rider’s exit, plates obstructed it. The rider couldn’t see this, however, and was counting on cues from the driver to safely navigate her way off the bus. However, the driver didn’t warn the rider of the obstruction. As the rider attempted to roll onto the lift, the wheelchair struck the plate and tipped over.

Sovereign immunity of governmental entities and employees can be a difficult hurdle to overcome. It essentially holds that the government cannot be held liable for personal injury or wrongful death in many cases. steps1

In Florida, there are exceptions or waivers to sovereign immunity, per Florida Statute 768.28, though there are strict requirements, such as specified notice to certain parties and tight statutory time limits.

Boca Raton injury lawyers know that sometimes this hurdle can still prove difficult, as the recent case of Bynum v. Wilson County illustrates. It’s important if you are considering suing a government entity that your attorney have the necessary training and experience. The Bynum case went before the North Carolina Supreme Court recently, but many of the same legal principles are applicable here in Florida. The state high court’s decision reversed both the trial court and court of appeals, which had denied the county’s request for summary judgment on the basis of sovereign immunity.

Contact Information