Articles Tagged with injury lawyer Florida

There has been much news lately about defective or dangerous products that may cause injury – Exploding airbags. Exploding phones. Exploding hoverboards. These concerns are legitimate, but the products that cause the most injuries are those that are seemingly much more benign. Take shopping carts, for example.shopping cart

A study published by researchers from Nationwide Children’s Hospital in Ohio reports some 24,000 children are injured annually as a result of shopping carts. That’s 66 children every single day treated in hospital emergency rooms in the U.S. for injuries related to shopping carts. From 1990 through 2011, researchers tallied nearly 531,000 children suffering shopping cart injuries – many severe, including head injuries caused by falling from the cart. This was even after the shopping cart industry passed voluntary safety standards in 2004.

But it appears children aren’t the only victims. A Northeast Ohio woman recently won her personal injury lawsuit – and was awarded $1.3 million – for injury caused when she was mowed over by a motorized shopping cart, operated by a fellow customer.  Continue reading

Statutes of limitations are pertinent to any personal injury lawsuit filed. Although these limits vary from state-to-state, the purpose is to avoid giving those injured an unlimited window in which to file a claim. In Florida, F.S. 95.11 allows for up to four years to file an injury lawsuit based on negligence (though only two years if it’s medical negligence). There are of course some caveats and exceptions, but usually, you’re not going to be able to successfully file anything beyond that four-year cutoff. cruiseshipdocked

Cruise ship injuries are different. Although these cruise ships are docked at Florida ports and that’s where most paying customers board, most of these companies are actually headquartered in other countries (usually the Bahamas). The applicable law that governs the statute of limitations would be Maritime Law, which usually gives injured persons three years to file a lawsuit. However, courts have said it’s perfectly legal for cruise ship companies to prohibit injury lawsuits against their companies after one year from the date of the incident. That is just one year for adults who are injured on cruise ships. Children may have up to three years, though if the child turns 18, he or she has to file the case within one year of turning 18.

The recent case of Chang v. Carnival Corp., recently before the U.S. Court of Appeals for the Eleventh Circuit, dealt with the issue of cruise ship injury and this statute of limitations, as well as the issue of the proper forum in which to file these claims.  Continue reading

Poor tire tread is being blamed in a car accident that claimed the lives of four sisters on I-95 Memorial Day.tire1

The group – 11 total in a sport utility vehicle – were in Titusville, on their way home from celebrating their mother’s birthday at a BBQ. The girls who died were 15, 13, 10 and 11. Their 9-year-old sister survived, as did a toddler and several boys, the girls’ mother (who was driving) and her boyfriend, who was in the front passenger seat.

Florida Highway Patrol officials say they intend to investigate the condition of the tire with the tread separation, as well as previous issues with that particular model of vehicle – a Dodge Durango – as well as reported recalls. Authorities also are interested in learning the role that having so many passengers in the car may have played, as well as how many of the individuals in the vehicle were wearing seat belts, as required by law. Continue reading

Strides in safety improvements for front seat passengers of motor vehicles in recent years has now shed light on an area that’s been neglected: The back seat. cars2

Fewer research and regulation has focused on protecting back seat passengers, in many cases children and increasingly, passengers using ride-sharing services like Lyft and Uber.

Now, the National Highway Traffic Safety Administration (NTHSA) has announced it is planning a series of changes to its crash-test program, which determines the 5-star Safety Ratings. These ratings are hugely valuable to vehicle manufacturers, dealerships and customers. For the very first time, the agency is proposing putting a crash test dummy in the back seat during front-impact crash tests. The final rule revisions are expected to be finalized by the end of 2016, and thus would be used for the updated rating system on 2019 model year vehicles.  Continue reading