Articles Posted in personal injury

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A new report from the Florida Fish & Wildlife Conservation Commission (FWC) reveals a sharp increase in the number of boating accidents in Florida in 2015. boating

The 2015 Boating Accident Statistics Report reveals the Sunshine State had 737 reported boating accidents last year. That is more than 100 more than what was reported in 2014. A spokesman for the agency was quoted as saying most of these crashes and fatalities could have been prevented if operators had been paying attention and if passengers had all been wearing life vests.

Florida has the most registered vessels of anywhere in the country, with 915,713 registered as of last year.

The No. 1 type of accident was collision with another vessel. There were 191 of those, accounting for 26 percent of all boating accidents.  Continue reading

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With summer comes the parade of charter buses in and out of South Florida – whether for senior group outings or athletic competitions or family vacations. bus

These operations are overseen by the Federal Motor Carrier Safety Administration (FMCSA) which reports varying levels of adherence to federal safety laws between carriers. The agency even encourages passengers to, “Look Before You Book” to determine which might be potentially unsafe.

Yet a recent investigation by journalists at CNN revealed that even a company with a “satisfactory” rating may not abide by basic safety rules.  Continue reading

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Generally, if you trip-and-fall in a landscaped area that obviously isn’t intended for foot traffic, the property owner isn’t going to be responsible to compensate you for any resulting injuries.curb1

However, as the recent case of Grimes v. Family Dollar Stores of Florida reveals, when those landscaped areas have well-worn pedestrian tracks indicating it is regularly used as a shortcut, the potentially for liability is increased.

That’s according to Florida’s Third District Court of Appeal. The court conceded there were a number of prior cases (on which defendants relied) that established property owners/ controllers aren’t responsible when pedestrians/ shoppers take a shortcut through landscaped features that aren’t designed for or used by pedestrians. (Specifically, the court relied on Wolf v. Sam’s East, Inc.) Continue reading

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Parents spend a lot of time choosing the right day care facility. It takes a lot to trust someone else with the well-being of your young child.childgroup

But sometimes despite even a parent’s best efforts, a day care injury results anyway. Determining whether the injury was the result of negligence and whether it’s compensable will involve weighing a number of factors.

Generally, day care facilities have total and complete control over your child’s activities and have a duty to adequately staff, properly hire and fully supervise what goes on. When they fail to do those things and your child is injured as a result, a day care accident lawsuit may be your only remedy to ensure compensation – and justice.  Continue reading

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A construction accident in South Florida resulted in two worker injuries at a parking garage on the Miami-Dade College Campus in Doral recently. construction2

According to NBC Miami, one of the huge concrete plates that interconnect to the main structure crashed down onto the third floor of the parking deck. Although crews are not calling the construction accident at “collapse,” video of the scene shoes the slab clearly cracked and fallen onto the lower level of the garage.

Crews with the Miami-Dade Fire Rescue had to lower the two workers down before transporting them to a hospital. One appears to have suffered a serious leg injury.  Continue reading

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A Florida boating accident on Lake Maitland resulted in three serious injuries – including the daughter of state Sen. David Simmons (R-Altamonte Springs). boating

According to WFTV-9, two others are in critical condition while Simmons’ 18-year-old surfer/ model daughter suffered a broken femur. The boat belonged to Simmons, who was not on the boat and said it was taken without his permission. The group was celebrating the teen’s boyfriend’s birthday, according to witnesses.

Arrested with causing serious injury while boating under the influence was 45-year-old Krystyna Vitiello, Simmons’ ex-sister-in-law. Per F.S. 327.35, a person is guilty of boating under the influence if he or she operates a vessel while either under the influence of alcohol or drugs or with a blood-alcohol level of 0.08 or higher. If the person commits BUI with serious bodily injury against another, it’s a third-degree felony, punishable by up to five years in prison.  Continue reading

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A huge spring break party in Plantation that involved a residential home packed with 400 people ended tragically in gunfire, the death of one man and the serious injury of four others.party1

The Sun-Sentinel reports the body of Serge Pierre Dumas, 28, was later located inside by authorities, who combed the five-bedroom, two-story property shortly after receiving complaints about noise and parking. As the officers were standing outside, shortly before midnight, gunfire rang out. In addition to the one decedent, three women and one man were transported to Fort Lauderdale’s Broward Medical Center with gunshot wounds.

The shooter, who has not yet been identified, allegedly escaped as people started pouring out of the house.  Continue reading

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Late last year, journalism non-profit ProPublica revealed a troubling trend: Nursing home abuse and exploitation in the form of social media posts. The images and video clips are taken by staffers and show elderly and dementia patients captured in degrading and dehumanizing poses, conversations and actions. phone

Staffers post these images to various forms of social media, but mostly to Snapchat, a platform in which images are supposed to vanish after a certain period of time. But aside from the fact that such a violation can do damage no matter how long they are posted, the images are not actually impermanent because users can screen-shot and copy them.

ProPublica revealed at least 37 known instances from December 2012 through December 2015. Many more instances likely never came to light. More than half of those documented cases involved Snapchat.

Now, a number of lawmakers are calling for action from the U.S. Department of Health and Human Service’s Civil Rights division, as well as the U.S. Department of Justice.  Continue reading

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A man in his 20s, constantly on-the-go, felt a sudden wave of nausea come over him as he was driving on the way to work. His vision grew blurry. He pulled over and called his boss. He wouldn’t be in that day. Within hours, he was rushed to the emergency room, where he discovered he had stage 4 kidney disease.

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The case, according to a recently-filed lawsuit, is long-term consumption of energy drinks. He reportedly drank four every single day, which is the caffeine equivalent of 12 Coca-Colas. He did this for 10 years. Now, he’s awaiting a liver transplant.

His case is one of five filed against Monster Beverage Corp., asserting claims of severe and almost deadly health problems resulting from longtime use of the drink. It’s alleged that habitual drinkers of the products suffer renal failure, stroke and heart attacks, among other health concerns.  Continue reading

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Plans for a mobile app that aims to reduce student athlete concussions, the brainchild of seventh-graders at Pine Crest School, is now close to becoming reality. This was after they received the top honor in a national contest for the app, which they’ve been developing for the last two years.mri

Now, they’re in the running to work alongside software engineers with MIT to improve their app before it goes on the market. They’ll also receive $20,000 from the Verizon Foundation. It was one of 1,200 submissions nationally, and this was one of eight teams chosen to compete.

The goal of the app is to slash the number of student concussions and prevent traumatic brain injuries among young athletes. It’s an issue close to home for these Fort Lauderdale students, where just last year, 1 in 5 junior and varsity football team players – 10 out of 48 – suffered a concussion-related injury. Continue reading

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