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

Articles Tagged with naples-injury-attorney

Robotic surgery has become increasingly commonplace in recent years, with robotic surgery centers in Miami, Coconut Creek, Fort Lauderdale, Tampa and more. robot

Robotically-assisted surgery has been around since the 1980s, with manufacturers insisting such procedures can be carried out with greater precision and control. The surgeon is relieved of stress, tension and fatigue, particularly during longer operations. In addition to stamina, robots can be incredibly steady and precise.

But, they are not without flaws. Take for example the da Vinci surgical system, manufactured by Intuitive Surgical. It’s been used in nearly 2 million surgeries across the globe and in more than 1,400 hospitals in the U.S. Most often, it’s used for cancer procedures, removal of gallbladders and hysterectomies. However, there have been a number of cases in which the systems reportedly fail or don’t work exactly as intended. There are some reports of the machines not properly releasing human tissue. In other cases, faulty surgical tips caused injuries.  Continue reading

An appeals court in Florida declined to extend dram shop liability to bartenders or servers who recognize an adult patron’s intoxication, take measures to “sober them up,” but don’t stop them from driving. beer

In Torre v. Flanigan’s Bar and Grill, plaintiffs were injured in Broward County when they were struck by a drunk driver. F.S. 768.125 offers victims the opportunity to pursue a lawsuit against the establishment that served the drunk driver alcohol only under very limited circumstances. However, victims in Torre sought a court ruling that the bar could still be responsible because it had assumed an additional duty of care that involved recognizing the patron’s level of impairment.

Florida’s Fourth District Court of Appeal did not agree. Continue reading

A wrongful death lawsuit has been filed against a Department of Juvenile Justice contractor in charge of driving a crowded van full of youths four years ago.floridacanal

The 25-year-old driver of that van died – along with a 17-year-old youth -after drowning when the van crashed into a canal. According to the Naples Daily News, an investigation by the DJJ revealed the driver had a history of problems. In addition to the six violations by the driver in connection to this crash, records showed he received 18 traffic tickets over the course of five years. He also lied on his employment application for the contractor, and he’d already been banned by the privately-run non-profit parent organization of the DJJ from driving any vehicles.

Yet he was behind the wheel that fateful day in December 2011 when the crash happened. The deceased teen’s mother filed legal action against both DJJ and the contractor the following year. Now, defendants in the case recently argued they could not be liable because the teen’s mother had signed a waiver prior to her son’s commitment to the facility. But a Collier Circuit judge rejected that theory, despite a recent Florida Supreme Court case that strengthened waiver protection in negligence actions. 

The Alabama Supreme Court has upheld a $15 million jury verdict against a convenience store and owner in connection with sales of alcohol to an underage driver that resulted in the deaths of a 13-year-old passenger and the serious injuries of two other youths. driving

Driver, 19, was also seriously injured when the vehicle careened off a public highway in Tuscaloosa County and crashed into a tree. Authorities later concluded the driver was drunk off liquor she purchased from a convenience store that had a reputation for selling alcohol to underage youth.

Subsequently, four lawsuits were filed – and later consolidated in Nineteenth Street Investments v. Robertson et al – against the convenience store under the state’s “Dram Shop Act.” Florida has one two. The statutes are a bit different in their application, which affects who can collect damages and in which situations.

The National Retail Federation estimates Americans will spend an estimated $465 billion this holiday season. That’s an average of $765 per person. Holiday spending in 2014 shot up 12 percent from a year earlier and 6.5 percent more than it had been in a nine-year span. toyblocks

This is good news for the economy, but there is also a risk for consumers. There is an erroneous assumption that just because a product is sold on shelves or available online, that it must be safe and tested.

However, this isn’t true even when it isn’t peak spending season. In the shopping frenzy that occurs between Thanksgiving and New Year’s Eve, manufacturers rush to push production on a wide range of goods, from cars to children’s toys to diamonds. The intention of these items is to bring joy and satisfaction to those we love. But when those products aren’t properly designed, put together or checked for hazards, the result can be devastating.

Florida follows a “no-fault” model with regard to auto insurance claims following a collision. What that means is everyone in Florida is required to carry a minimum level of insurance in order to cover their own injuries and property damages – up to a certain amount – that will be paid by their own insurance company in the event of a crash. caraccident

The law requires $10,000 in personal injury protection benefits, $10,000 in property damage liability benefits. Only those with serious injuries will receive more than $2,500 and medical treatment must be sought within 14 days. It’s only if one’s injury-related costs exceed $10,000 that the insured can step outside the no-fault system and take action against third parties, such as the at-fault driver.

In the recent case of State Farm v. Gonzalez, the parties had already settled out-of-court for $80,000 in underinsured motorist benefits after insured was struck by an underinsured driver, sustaining injuries. The question before Florida’s Third District Court of Appeal was whether the insurer was responsible to pay $685 in personal injury protection (PIP) benefits and a medical payment for emergency treatment rendered at a local hospital after the crash.

A 5-year-old child died of a skull fracture after a lunchroom bench fell down on top of him while he played in a one-time school building as his grandparents nearby attended a community basketball game. lunchtables

The ensuing litigation, which has been going on four years now, has been complicated by the questions about which entity actually had ownership of the building – and thus could be liable for the condition of the premises – at the time of the accident.

Now, the Wyoming Supreme Court has reversed a summary judgment in Amos v. Lincoln County Schools that favored the school district defendant, finding that while the facts are largely undisputed, it was reasonable that jurors could find in favor of plaintiff on issues of proximate and intervening cause of the accident.

As far as pedestrian accidents go, the one at the center of Carrel v. Serco Inc. was not as bad as it could have been. The driver of a pickup truck allegedly ran over the foot of a pedestrian in a parking lot. But just because the injuries weren’t life-threatening doesn’t mean the victim should be left without recompense, particularly because the injury resulted in hospitalization and a broken foot. OLYMPUS DIGITAL CAMERA

At issue in the matter as it went before the Nebraska Supreme Court was whether a default judgement in plaintiff’s favor for $210,000 against the driver’s purported employer was improper. The state high court ruled the trial court’s denial of motion to vacate the default judgment was wrong because the company notified plaintiff of a meritorious defense. Specifically, it asserted it didn’t employ the driver of that pickup truck, nor did it own the truck. Allowing the default judgment to stand, the court ruled, would unfairly deprive defendant of due process and would have an unjust result.

That doesn’t mean plaintiff has lost the case. It just means the default judgment has been scrapped, so now the case will continue with litigation. That could end in either a settlement (if both parties agree to it) or a trial, where the court will decide negligence and/or damages.

Consumers are increasingly being compelled to sign “waivers of liability” in order to engage in activities ranging from parasailing to riding in a limousine. These waivers often require the consumer/buyer to forfeit all of his or her rights to legal action should he or she sustain injury or be killed while engaged in the activity. treadmill

The legality of these waivers has been hotly contested in Florida, with courts wrestling with the issue for decades. These waivers are considered contracts, and the portion that extinguishes or limits liability is known as an exculpatory clause.

Courts have mostly upheld the viability of these contracts, assuming there is no gross negligence or willful, wanton or intentional misconduct.

In the event of a serious car accident in which the at-fault driver is killed, it is imperative for others who may have been injured to immediately contact a personal injury lawyer.accidentscene

Once a person dies, F.S. 733.2121 requires the personal representative of decedent’s estate publish a “notice to creditors,” granting a window of time during which claims against the estate may be made. So even though Florida law allows four years for personal injury claims in most cases, the window of time for claims against a person who is deceased is much shorter.

Personal representatives are required to “reasonably” seek out known creditors of decedent and give them the opportunity to file a claim within three months. However, this notice is also published in the local newspaper, and extensive searches for creditors are not required by statute. Claims filed after two years of the notice may be forever barred.

Contact Information