A new government audit points the finger at Medicare for failure to enforce federal law requiring immediate law enforcement notification of any sexual or physical abuse against nursing home residents. The Health and Human Services’ Office of Inspector General put forth an early alert on preliminary data on the issue,…
Articles Posted in personal injury attorney
Florida Stand Your Ground Immunity Doesn’t Automatically Transfer to Injury Lawsuits
The criminal and civil justice systems are separate and serve very different functions. While the criminal justice system seeks enforcement of our laws and ordinances, civil liability exists to allow individuals, families and businesses to be compensated for civil wrongdoings. In addition to serving different purposes, they also hold different…
Court: Members of LLC Not Personally Liable in Pool Accident
Many personal injury lawsuits involve not just individuals, but also businesses. In fact, employers may be vicariously liable for the negligent actions of employees acting in the course and scope of employment. However, a recent decision by the state high court in Nevada held that individual members of a limited…
Slip-and-Fall Accidents Require Stringent Proof Burden
If you are injured in a slip-and-fall accident in a Florida business, you may be entitled to collect damages. However, just because you fell and were hurt doesn’t automatically mean you are entitled to damages. Each state has its own set of criteria for what must be proven, though it’s…
One Motorcycle Accident Did Not Cause Another, Court Rules
It’s not uncommon in situations where multiple vehicles crash on the same road in short succession that authorities and/ or insurance companies will find one or more drivers at-fault – even if the at-fault driver(s) didn’t directly strike the victim. The question is whether the person alleged to be at-fault took action…
Landlord Liability for Dangerous Conditions on Site
Landlords of residential properties – like most all property owners – have a responsibility to ensure their site is in reasonably safe condition for both tenants and visitors. F.S. 83.51 requires that landlords to comply with all applicable building, housing and health codes and make sure all exterior walls, foundations,…
Liability for Allergic Reaction Depends on Adequate Warning
Approximately 15 million Americans have food allergies, according to Food Allergy Research & Education, Inc., which further notes this potentially deadly condition affects 1 in 13 children under 18 (or two in every classroom). Approximately 90 percent of these allergies stem from milk, eggs, peanuts, tree nuts, fish, wheat, soy…
Unproven Stem Cell “Treatment” Blinds Women at South Florida Clinic
Stem cell research holds a great deal of promise in addressing some of the most problematic conditions and ailments of humans. That said, it’s still a relatively new science, and treatments haven’t been thoroughly vetted. Initially, this spurred wild growth of stem cell “treatment” clinics in countries like Mexico and…
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…
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…