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Articles Tagged with florida-injury-lawyer

An artist hired to paint a giant mural on the side of a luxury beachfront condo under construction in Hollywood died after falling four stories when the scaffolding he was standing on collapsed. According to The Sun Sentinel, two other painters were also on the scaffolding, but were rescued by their personal safety harnesses. construction

The 32-year-old decedent, of Miami, was reportedly on a swing stage at the 41-tower site when the stage collapsed shortly after 1 p.m. The two other painters, both 36-years-old, were treated at a local hospital for injuries and later released. The general contractor for the site said work has been suspended while the Hollywood Police Department and the U.S. Occupational Safety & Health Administration (OSHA) conduct simultaneous investigations. Authorities haven’t said at this juncture whether the decedent worker was wearing a safety harness.

The 41-tower building, which is on the border of Hollywood and Hallandale Beach, is slated to accept its first residents in January.  Continue reading

A slip-and-fall accident plaintiff in Missouri sought a retrial after learning that a juror who weighed her case engaged in misconduct by Googling the weather on the exact day of her injury. The Missouri Supreme Court, in its review of Smotherman v. Cass Regional Medical Center, ruled that while litigants are entitled to a fair trial, “No court can guarantee a perfect trial.” bathroomsign

That said, juror misconduct is not a recent problem. Even though jurors have strict instructions not to seek information outside what they are given in the courtroom, some still do so anyway. It has become easier in recent years, however, as the internet and smartphones have given us easy, instant access to almost any sliver of information we’d ever want to know. Jurors also have the ability to instantly communicate with friends and send out texts, tweets, Facebook posts, blogs and more in between breaks. This has meant that outside influence on jurors is not just a problem on big, high-profile cases.

Although sequestration – or keeping jurors isolated during trial – is sometimes used in serious, high-profile criminal cases, it’s not economically feasible to do it in civil lawsuits. That means your personal injury attorney needs to be vigilant about recognizing it and calling it out. The sooner it can be addressed, the better.  Continue reading

It is not enough in a Florida car accident lawsuit to prove the other party caused the accident. Plaintiffs must also show the accident either proximately caused his or her injuries or exacerbated a pre-existing condition. caraccident2

Often, the issue of causation is obvious. If a person in a car accident sustains a serious head injury, there is usually no doubt the two are causally connected. However, there are some instances in which there were successive causes of negligence that might complicate causation. In other cases, a person may claim severe neck injuries as a result of an accident, and defendants may counter that the force of the crash could not have caused the alleged injuries for which plaintiff is seeking compensation.

How difficult a task this will be will depend on the individual facts of the lawsuit. In some cases, proving this element may require the testimony of an expert witness. This could be a biomechanical engineer who could attest that the dynamics of the crash could have caused the severity of injuries or a medical doctor who opines with reasonable medical certainty that it was the accident – and not some other factor – that caused the plaintiff’s injuries.

In the recent Florida car accident lawsuit of Maines v. Fox, Florida’s 1st District Court of Appeal, justices were asked to decide whether the trial court erred in limiting certain expert witness testimony and in awarding attorney fees to plaintiff based on defendant’s rejection of earlier offers for settlement. The court determined that while the trial court abused its discretion in limiting the testimony of defendant’s biomechanical engineer, the error was deemed harmless. However, with respect to attorney fees, the court determined the earlier proposals for settlement were ambiguous and therefore plaintiff could not collect attorney fees under F.S. 768.79. Continue reading

With the spring semester well underway, college students throughout South Florida are busy lining up their summer internships. carpentrystudent

While internships can be extremely valuable to one’s fledgling career, those new to their respective professions may be at higher risk for injuries.The question of injury compensation in these instances can be a complex one, and it will depend heavily on how the worker is classified within the company.

Florida workers’ compensation laws, for example, do not use the term, “intern.” Student workers might be classified as “trainees” or “volunteers,” especially if they aren’t paid. In those cases, it may be possible to file a lawsuit directly against the company that offered the internship for negligence. However, if the internship is paid and the worker is considered an “employee,” he or she may instead be entitled to workers’ compensation benefits – just like any other employee. There may be some instances in which third-party litigation is appropriate.

Prisoners who are incarcerated in jails or prisons are stripped of many of the rights to which the rest of us are entitled. However, that does not mean they can be treated cruelly or that their health needs should be given no consideration. prison

Under the Eighth Amendment, prisoners have the right to protection from cruel and unusual punishment, and that includes deliberate indifference to their medical needs. The question will be whether the jail or prison staff disregarded the need or risk by failing to take reasonable measures to address that need, and that failure to take action resulted in harm to the prisoner.

This is what was alleged in Heard v. Tilden, a case recently before the U.S. Court of Appeals for the Seventh Circuit. 

Florida’s theme parks are legendary. They are among the greatest tourism draws in the state, aside from the beaches, with millions paying hard-earned money for a chance to meet their favorite movie characters or climb aboard a thrill ride.rollercoaster1

But the industry is not as tightly regulated as one might think. While the Department of Agriculture is responsible for inspecting amusement park rides and carnivals, the state’s largest theme parks – Universal, Disney and Sea World – are exempted from that oversight from the state. The reason is because those parks have more than 1,000 workers and also full-time inspectors on staff. Lobbyists for the industry fought hard for those exemptions.

Critics have rightfully asserted that having internal inspectors investigate park-related accidents is a clear conflict of interests. When inspectors are paid for by the parks.

Perhaps the only thing more agonizing than enduring a life-threatening illness resulting in permanent chronic medical difficulties and disabilities is watching your child endure it, and being helpless to stop the pain. littlegirl

That was the situation for the parents in Reckis v. Johnson & Johnson, who brought a products liability lawsuit against the makers of a children’s pain reliever for failing to warn them of a deadly illness that was rare, but known to manufacturers when they gave the medicine to their daughter.

They watched as a slight fever and sinus congestion morphed into a rash, then blisters then a misdiagnosis of measles. Then they watched while an entire layer of skin sloughed off and her eyes, mouth and nose bled. They were by her side as she nearly died from a brain aneurysm and seizures and as she battled for survival in a medically-induced coma.

More than 15 million people attend professional sporting events each year, and many more attend minor league and children’s sports. Spectators assume a certain degree of risk when they sit in the stands. There is always the chance that a ball or hockey puck or even a tire could come flying into the seating area.DCF 1.0

Most commonly, injuries occur at baseball and hockey games, at auto racing events and at golfing tournaments.

But this does not mean the property owner or team or other entities are free from liability when injuries occur to visitors. In order to overcome the inherent risk presumption and secure damages, plaintiff must introduce evidence to show the defendant and/or its facilities deviated in some relevant respect from established custom.

The owner of an apartment complex for seniors owed a duty of care to residents who resided there, according to a new ruling by the Nebraska Supreme Court. Whether it breached that duty by failing to perform a criminal background check and evicting the son of another resident who was living their against complex rules is a question for the jury. elder

In Peterson v. Kings Gate Partners, the negligence lawsuit arises from an assault allegedly perpetrated against plaintiff by the son of plaintiff’s neighbor. Plaintiff alleges neither he nor other residents were informed of this person’s violent criminal history, and asserts this failure by the complex – whose managers knew of this person’s presence – resulted in a failure to provide safe premises for those who lived there.

According to court records, plaintiff lived across the hall from his assailant, who lived with his mother in her apartment which was leased in her name. The property was restricted to residents 55-and-older, and as such, the assailant’s presence as a resident was a violation of the property rules.

Fire alarm panels in apartment and condominium complexes are considered the “brains” of the alarm system, which not only releases an audible warning to residents of fire, but notifies the fire department of the need to respond. firealarm1

These systems often contain copper wiring, making them an attractive, easy target for thieves. Alternatively, they can be resold whole to dealers. That’s reportedly what happened recently in South Florida.

Authorities in Hollywood have arrested a 38-year-old alarm technician on more than 100 counts of grand theft, burglary and preventing or obstructing extinguishment of a fire after they allege he stole hundreds of thousands of dollars worth of alarm systems (about 150 in all). In so doing, authorities say he has jeopardized the safety of thousands of residents of South Florida condo and apartment complexes.