personal injury

January 20, 2016

Rick Ross Florida Trip-and-Fall Lawsuit Dismissed

A circuit judge has dismissed the Florida premises liability lawsuit against rapper Rick Ross and his mother for injuries suffered a Miami home the two co-own.

Although news reports do not detail exactly why the judge dismissed the claim, we do know that Ross had described the allegations as “vague.”

The alleged victim stated the incident occurred in December 2011 at a residence owned by Ross and his mother. Victim stated there was iron hardware that was left at ground level. Specifically, there was a rail on the ground connected to an iron rail at the rear of the property. Continue reading

January 17, 2016

Grammer v. Lucking – Dog Causes Injury but Doesn’t Bite

By Ansara Law Personal Injury Attorneys

Florida law provides broad protections for those who suffer injury due to the aggression of dogs belonging to others. F.S. 767 details the state’s “Damage by Dogs” laws. That of course includes bites, but it could also mean other types of injuries inflicted without a bite.

F.S. 767.01 specifically says owners of dogs “shall be liable for any damage done by their dogs to a person.” There is a separate statute, F.S. 767.04, that states the owner of a dog who bites any lawfully present person is liable for the actions of the dog – even if the owner had no prior indication the dog was vicious.

In a recent case out of Nebraska, a plaintiff and her husband sued the owner of two dogs who chased – but never bit or touched – them. As a result of being charged by the dogs (one in particular in the unfenced yard with no restraint), plaintiff fell backward and injured her elbow. Continue reading

January 12, 2016

Fort Lauderdale Aims High With Vision Zero

By Ansara Law Personal Injury Attorneys

It seems like an impossible notion:

A full year in Fort Lauderdale with no one killed while crossing the street or riding a bicycle or driving a car. It seems like such a distant reality from the one we are in, where this city is No. 2 in the nation for its pedestrian fatality rate and No. 5 in the nation for its overall traffic fatality rate.

Still, it’s a dream the city’s transportation manager Debbie Griner insists is achievable. Griner recently told The Sun-Sentinel that their offices are committed to changing the perception that such incidents are simply “accidents,” facts of life over which people have no control. Rather, she says, these are incidents that can be avoided. Every single person who lives, works or visits this area has an opportunity to prevent traffic deaths, and Griner believes city leaders can empower them to do so. Continue reading

January 7, 2016

South Florida Hoverboard Injuries Rise

By Ansara Law Personal Injury Attorneys

Weeks ahead of Christmas, Elliot F. Kaye, Chairman of the Consumer Product Safety Commission, issued a statement indicating mounting concerns about injuries relating to the season’s hottest new toy: The hoverboard.

The device (which does not hover) is perhaps better described as a chargeable, self-balancing motorized scooter. The problems with the issue are reportedly two-fold:

They catch fire.
They pose significant fall hazards.

December 24, 2015

Holiday Home Fires Are Rising Concern for Florida Fire Officials

By Ansara Law Personal Injury Attorneys

The quintessential winter holiday is all about family, elaborate home-cooked meals, hot cocoa, a white wonderland of snow outside and a toasty fire inside. But there are many dangers associated with all that cooking, Christmas lighting, dried pine needles, candles and more. Here in South Florida, we may still have the central air blasting in late December, but that doesn’t mean we’re free of holiday fire hazard risks.

The American Red Cross reports some 47,000 fires occur during winter holidays nationally, causing some 500 deaths, 2,200 injuries and costing nearly $555 million in property damage. Some fast facts:

On average, 1 in every 22 home fires started by a Christmas tree end in death;
An average of 40 fires daily during the holidays are caused by children playing;
Fires started by candles are four times more likely to occur in winter than during any other season.

A number of fire departments across Florida have been working to drive home the importance of Christmas tree protection, candle safety, working smoke detection systems and how important it is to keep matches and lighters out of reach of children on long holiday breaks. Continue reading

December 16, 2015

Broward Bus Driver Has Extensive History of Accidents, Unsafe Driving

By Ansara Law Personal Injury Attorneys

It was bad enough when 62-year-old Broward County transit bus driver Charles Raymond Smith caused a crash two years ago that left a woman seriously injured, resulting in an out-of-court settlement of $75,000 recently approved by county commissioners.

But The Sun-Sentinel has since uncovered that in the 21 years he has been employed as a driver for the agency, he’s racked up 16 crashes, 25 written warnings and more than 30 days total of unpaid suspension. The very first in his series of disciplinary woes started when he was just one week on the job, and it’s continued through last year.

Worse is that, despite numerous calls by county commissioners for years to wrangle greater control over discipline of unsafe public transportation drivers, union protection means it’s likely Smith will remain on the job until he becomes eligible for retirement until 2020. And while his record was one of the worst discovered by the Sun-Sentinel in its analysis, he’s far from the only driver to have this type of history. Continue reading

December 2, 2015

Gemmink v. Jay Peak Inc. – Negligent Maintenance of Property

By Ansara Law Personal Injury Attorneys

Property owners have a duty to take reasonable steps to make sure their property is safe. That includes addressing slippery conditions, longstanding walkway defects or security issues. This is especially true for property owners who host risky and potentially dangerous activities on site, regardless of whether participants sign waivers.

That said, plaintiffs still have a heavy proof burden in showing a causal link between a property owner’s negligent maintenance of property and alleged injuries.

This was seen in the recent case of Gemmink v. Jay Peak Inc., recently before the U.S. Court of Appeals for the Second Circuit. Continue reading

November 24, 2015

Roma v. Moreira – Duty of Landlord to Prevent Tenant Injuries

By Ansara Law Personal Injury Attorneys

Disputes between tenants and landlords are fairly common almost anywhere you live. Unfortunately, too many landlords are more concerned about their bottom line than in ensuring their property is habitable and safe for tenants and guests.

There have been cases in which the lack of management can result in injuries. For example, if there are slippery floors, broken stairwells or damaged handrails, this could result in a serious fall. Where doors and windows aren’t equipped with locks or other security features, this could make residents and guests vulnerable to crime.

In these cases, where injury results, the terms of the lease agreement isn’t the only recourse Florida tenants have. Continue reading

November 20, 2015

Left Turn Motorcycle Accident Kills 29-Year-Old Physician Assistant

By Ansara Law Personal Injury Attorneys

The family of 29-year-old physician’s assistant Alexander Chun described him to The Sun-Sentinel as “happy, “kind” and “smiling.”

Now, his family will never again see his smile again after Chun was struck and killed by a motorist in Pembroke Pines. According to police, the other motorist – a 78-year-old who as of yet has not been charged in connection with the accident – was driving eastbound on Pines Boulevard shortly before 1 p.m. when he cut Chun off while making a left turn onto Northwest 98th Avenue.

Chun’s mother said the Mount Sinai Medical Center employee was riding his motorcycle on the way to meet a friend for lunch.

Chun, who grew up in Northeast Ohio and was an accomplished flutist, was transported to a local hospital, where he was pronounced dead about four hours after the crash.
Continue reading

November 16, 2015

Gagnon v. Anthony – Comparative Fault Central to Injury Lawsuit

By Ansara Law Personal Injury Attorneys

Many are familiar with the fact that negligence, in the legal sense, is when someone who had a responsibility to use due care acts in a careless or reckless way that ultimately harms others.

What is lesser known is that the victim also owes a duty – to his or herself – to minimize the risk of harm. This is known as the “duty to mitigate,” and the idea is that someone who is wronged has a duty to make reasonable efforts to limit the resulting harm.

When an injured person failed in this duty or in someway contributed to his or her own injuries, this is called comparative fault. In some states, a finding of comparative fault will completely prohibit an injured person from collecting any compensation for those injuries. Other states will still allow recovery – reduced based on the percentage of plaintiff’s fault – so long as it doesn’t exceed a threshold of 50 percent or 51 percent.

In Florida, our courts follow a system known as “Pure Comparative Fault.” F.S. 768.81 indicates that the fact of a plaintiff’s comparative fault will not bar him or her from recovery. However, it will reduce the amount of compensation available. So if a plaintiff is awarded $150,000 but was 30 percent at fault for the crash, he or she will only receive $105,000. This is allowable up to 99 percent, meaning an injured person can collect for just 1 percent of damages, even if he or she was 99 percent at-fault.
Continue reading