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Articles Posted in personal injury

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Study: Baby Injured Every 8 Minutes in Product-Related Accidents

Almost every parent views their very top priority to be keeping their children safe. This is especially true in their first few years of life. But now a new study published in the journal Pediatrics reveals a child under the age of three is injured every eight minutes in the…

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Florida Trip-and-Fall Injury Lawsuit Falters on Open and Obvious Defense

All businesses that welcome the public have a legal responsibility to discover any condition on site that may be dangerous, and to either promptly address that hazard or warn invitees of it.  However, as noted in the 1952 Florida Supreme Court case of Earley v. Morrison Cafeteria Co. of Orlando,…

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Slip-and-Fall Injury Case Reconsidered for Open Obvious Doctrine

A slip-and-fall injury lawsuit out of Kentucky has just made its second trip to the state supreme court, with justices ruling the appeals court failed to consider the state’s “recent attempts to modernize” the open and obvious doctrine. Specifically, the state high court has issued a series of rulings in…

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FHP Launches Program to Help Solve Hit-and-Run Crash Cases

The Florida Highway Patrol is starting a new effort to solve hit-and-run crash cases and compel drivers involved in collisions to remain on scene.  It’s a major problem in the Sunshine State, where more than 99,000 hit-and-run accidents were reported just last year. That is fully one quarter of the…

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Injury Claims Against the Government Raise Challenges

In Florida, as in all states, if you are injured as a result of negligence by a government employee or agency, claims for compensation are going to follow a different set of rules, at least early on in the process.  F.S. 768.28 is the state’s waiver of sovereign immunity law,…

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Report: Nursing Home Residents Highly Vulnerable to Sex Abuse

Sexual assault in nursing homes is an undoubtedly disturbing occurrence. According to a recent investigation by CNN, it’s also a more prevalent one than previously realized.  As part of an in-depth investigation into the problem, reporters discovered there were 16,000 complaints of sexual abuse in long-term care facilities (nursing homes and…

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Pursuing Third Party Liability After Construction Accident

When a worker is injured in a Fort Lauderdale construction accident, there are a number of possible avenues of compensation. The first, of course, is workers’ compensation, which is a no-fault insurance benefit afforded to almost all employees in Florida. Exclusive remedy provisions of the state’s workers’ compensation law hold that this…

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Property Owner Liability for Dangerous Road Conditions

The New York Court of Appeals recently considered a case wherein plaintiff alleged injuries sustained as a result of a poorly-maintained, diseased tree was the responsibility of both the property owner and the state. According to court records, plaintiff suffered serious personal injuries when a large branch broke off that…

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Arbitration Agreements in Medical Malpractice Agreements Against Public Policy

Recently, the North Carolina Supreme Court took on the issue of whether an arbitration agreement can be enforced in a medical contract. In a 4-2 decision, the court ruled plaintiff patient and his wife don’t need to go to private arbitration with the doctor and surgical practice for permanent injuries…

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Trip-and-Fall Injury Settlement for $1.5M in Favor of Personal Chef

A personal chef who sustained severe personal injuries following a trip-and-fall while at work in a private home was awarded $1.5 million in damages as part of a settlement agreement in exchange for voluntarily dismissing his claim in court.  According to the Greenwich Time, the settlement was reached between the chef…

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