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Articles Tagged with injury-attorney-west-palm-beach

Product liability lawsuits may be on the horizon for hoverboard manufactures, as the Consumer Product Safety Commission (CPSC) reports at least 10 companies have recalled the devices. ambulance11

There are two main dangers with the devices:

  • Lithium-ion battery backs that pose a risk of overheating, smoking, fire and/ or exploding;
  • Falls.

The CPSC refers to the devices as “self-balancing scooters,” though they are more commonly known as hoverboards, even though they don’t actually “hover,” as the name might suggest. The devices sailed into popularity over the last year, and were among the top holiday gifts this past season. Yet they have been associated with serious head injuries, broken bones and burns.  Continue reading

Good Samaritan laws exist throughout the country and are intended to offer legal protection to persons who may otherwise be reluctant to provide assistance to someone who is injured, incapacitated or in danger. These laws can be complex and vary from state-to-state. helpingmedic

Florida’s Good Samaritan Act, F.S. 768.13, indicates that any person – including those who practice medicine – who act willingly and in good faith to provide emergency care or treatment to someone in an emergency won’t be liable for civil damages resulting from this aid or treatment. If the person who is helping causes harm, he or she is generally only liable if they:

  • Failed to use reasonable care;
  • Showed reckless disregard for the consequences.

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State troopers are reporting at least 186 people in Florida died last year in hit-and-crashes. Another 19,000 suffered serious injury in accidents where the at-fault driver chose not to bother stopping. speed1

In total, there were 92,600 hit-and-runs statewide, according to the Florida Highway Patrol, which responded to roughly 23,000 of them.

These figures are especially troubling when you consider they represent a marked increase form just a year earlier. In 2014, there were about 8,000 fewer hit-and-run crashes in Florida. That’s a 9 percent increase in a year and a nearly 17 percent increase since 2013.  Continue reading

Property owners have an inherent duty to protect all persons lawfully on the property from unreasonable risk of harm. When it comes to children, that standard is somewhat heightened in that youths are not presumed to have the knowledge or maturity to protect themselves from obvious harm or danger. concretebroken

The recent case of Ruiz v. Victory Props., LLC details a case where reportedly dangerous conditions in the back yard of an apartment complex indirectly led to serious head injuries sustained by a 7-year-old girl who lived there.

Trial court granted summary judgment to defendant, finding the girl’s injuries were not a foreseeable risk of the dangerous conditions that existed. The court noted that to decide otherwise might have the unintended consequence of making land owners reticent to rent property to families with children. The appellate court, though, later backed by the Connecticut Supreme Court, reversed, finding ample evidence the land owner had a basic duty to keep the site clear of hazards that might be dangerous to children, and further that a reasonable argument could be made that this breach of duty resulted in the girl’s injuries.

Working a board a cruise ship has a host of benefits, but it’s often difficult work accompanied by a number of risks. ships

Like any other employer, cruise ships have a responsibility to keep workers safe. Per the federal Schoenbaum Admiralty and Maritime Law, most cruise ship workers – from entertainers to cooks to bartenders – are considered “seamen.” Those injured aboard the ship are entitled to special rights and protections, including those in the Jones Act, the Longshore Harbor Workers’ Compensation Act, the doctrine of unseaworthiness and the principle maintenance and cure, among others.

While workers’ compensation is generally deemed the exclusive remedy for work-related injuries, the line may be blurred for cruise ship workers who live on the vessel where they work. Just because an injury occurs on a ship doesn’t necessarily mean it arose in the course of employment. Even if it does, there may be situations where a civil lawsuit is still warranted – particularly if a shipowner fails to provide maintenance and cure to an injured worker.

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