Articles Posted in personal injury

Following several tourist injuries and at least one death, a Bahamian-headquartered cruise line docking in the Port of Miami is being sued by multiple plaintiffs who say they encountered an unreasonable risk of danger at an on-shore zip line excursion in Honduras. As with many excursions advertised by large cruise lines, this one was offered by a third-party independent contractor. However, plaintiffs allege firstly they were misled in marketing materials to believe the cruise line itself was the operator. Furthermore, these tourists say the cruise company should have known the zip line excursion wasn’t safe because numerous cruise ship guests suffered tourist injuries on it. Miami tourist injury attorneys know that if they can prove both of these elements, they may have a decent shot at recovering damages for their injuries.Miami tourist injury lawyer

In July, a newlywed groom on that zip line crashed into his brand new bride, suffering serious injuries that proved fatal. The Miami New Times reports that prior to that incident, there were at least 10 people who sustained severe injuries while on the excursion facilitated by Royal Caribbean, which received complaints after each incident.

Zip lining is arguably one of those recreational activities, such as rock climbing or mountain biking or snow skiing, that by their very nature present some sort of risk of an accident or injury. Defendants will often argue the “assumption of risk” doctrine, meaning they assumed the inherent risk when they chose to do that activity anyway. Such assertions can be especially bolstered if the claimant signed a waiver of liability. Such waivers don’t completely shield defendants from liability (particularly for gross negligence), but they can be useful for the defense. However, in the case of this Honduran-based excursion, the numerous federal lawsuits indicate a pattern of problems that went beyond what one might assume while zip lining. Rather, the allegations are that this particular zip lining excursion was especially dangerous – even for zip lining – and that Royal Caribbean knew about it yet failed to protect future guests from being hurt either by terminating their contract with the zip lining company or warning guests of the potential dangers or prior accidents.  Continue reading

Florida theme parks – Disney, Universal, Legoland and more – owe a duty of care to adequately warn visitors of possible danger, whether it’s a slippery walking surface or a ride with jerks and jolts that could be dangerous to someone with a heart condition or who is pregnant. In fact, as businesses that invite members of the public on site for the benefit of the property owner, these companies owe visitors the highest duty of care to patrons. But what does it mean to provide “adequate warning”? Fort Lauderdale personal injury lawyers know there is a good argument to be made that an adequate warning at a theme park that attracts visitors from around the globe is one that is provided in numerous languages.amusement park injury lawyer

This is the allegation in a recent wrongful death lawsuit filed against Universal Studios Orlando by the family of a Guatemalan man who suffered a fatal heart attack in 2016 shortly after exiting a suspense-filled roller coaster-type ride featuring animatronics and 3D screens, the rider seated in a “truck” as they speed through the scenes of the recent King Kong films. Decedent, a man in his 50s, reportedly had prior heart problems – a risk factor outlined in prominent warning signs just before riders board. However, decedent was unable to read those warnings because they were written entirely in English, while he understood only Spanish.  Continue reading

A South Florida injury lawyer can give you advice if you were injured as a result of negligence by someone who died in the accident itself or soon thereafter. A personal injury claim doesn’t die when the defendant does, though there can be complications because the case will be filed not against the person, but his or her estate. Typically though, it will still be an insurance company that stands in to represent the defendant and that ultimately foots the bill – especially in Florida car accident lawsuits.car accident lawyer South Florida

An appellate court in California recently addressed several issues that arose from such a situation in Meleski v. Estate of Holtlen, where a plaintiff sued the estate of a decedent, alleged to have been the at-fault driver in a crash in which plaintiff was injured. Although this was an out-of-state case, the same general principles apply with regard to Florida injury litigation.

In this case, plaintiff was injured when defendant ran a red light, colliding with her vehicle. Unfortunately, by the time plaintiff filed her lawsuit, defendant was deceased, apparently of unrelated causes. Decedent had no estate from which she could recover, but he had purchased an auto insurance policy for $100,000 that covered the accident. Plaintiff brought her complaint pursuant to the state’s probate statutes, which allowed her to serve her complaint on the insurance company directly and recover damages from that policy, though limiting recovery of damages to policy limits. Continue reading

It’s almost become second nature when something major happens to us: Update social media. However,  if you are injured in a Florida car accident, our Fort Lauderdale injury attorneys urge caution,. The reality is you could inadvertently harm your claim for damages. personal injury lawyer Fort Lauderdale

We’re all familiar with those “gotcha” news clips of a person who claimed they were seriously hurt and video evidence showed it clearly wasn’t as bad as they’d alleged. We’re not even talking about those cases. The insurance company and other defendants, they will want to damage your credibility any way they can. Defendants in personal injury lawsuits can request the court grant access to review your page – your posts, your likes, your photographs, your videos and even private messages. (Some courts have held that privacy settings matter when it comes to these requests. For example, a federal appellate court ruled in Crispin v. Audigier Inc. that when a user’s settings are “private,” their posts there are to be treated as private and not-discoverable, based on a 1986 electronics communication law. Yet the Supreme Court of New York, Suffolk County, ruled just the opposite in Romano v. Steelcase, finding the court could compel plaintiff to consent to turning over all current and deleted contents from her social media accounts, absent any consideration for her privacy settings, so long as the information contained therein was “material and necessary.”

What you need to bear in mind is that everything has the potential to be used against you. This is true even among injury plaintiffs that are truthful about how the accident happened and the extent of the injuries they suffered. Sometimes, it’s as seemingly innocuous as emojis or “likes.”  Continue reading

When you are injured on-the-job in Florida – as thousands of workers are – you most likely will be entitled to compensation for medical bills, a portion of lost wages, retraining and perhaps a lump sum disability payout from your workers’ compensation insurer. The good thing about workers’ compensation is that it is part of a no-fault system, meaning you don’t have to prove your employer did anything wrong or that you did not. Instead, one need only prove the injury occurred in the course of and arose from the scope of one’s employment. The trade-off is: It doesn’t cover everything. Fort Lauderdale work injury attorney

The exclusive remedy provision of workers’ compensation law stipulates it’s your only recourse against an employer. If you are left seriously injured or permanently disabled, it’s important to discuss with a South Florida injury attorney whether any third parties were negligent and, if so, whether they could be held liable to pay additional compensation.

Construction workers, who tend to have a higher-than-average rate of injury, often have grounds for third-party liability claims because frequently, there are many different entities involved with various responsibilities pertaining to safety. If your co-worker makes a mistake that results in your injury, you probably won’t have grounds to pursue anything additional there. However, if a property owner, general contractor, subcontractor, tool manufacturer or some other party fails in exercising a duty of care owed to workers on site, you might have a third-party claim. Also, if your employer did NOT have workers’ compensation insurance as required by law, you should be able to pursue an injury lawsuit against them as well.  Continue reading

Work zone crashes are an incredibly serious problem that continues to plague our Florida roads and highways. The U.S. Department of Transportation reports in a single recent year, there were an estimated 97,000 work zone crashes, an increase of nearly 8 percent from just a year earlier – and a 42 percent rise since 2013. Although most only result in property damage, our Fort Lauderdale car accident lawyers know that every single day, there are at least 70 work zone crashes resulting at least one injury and every week, at least a dozen deaths. Even while overall highway traffic deaths decline, work zone crash fatalities are rising. Of those killed, 85 percent were drivers and passengers in cars and 25 percent of those fatal crashes involved a large truck (compared to 12 percent of highway deaths overall).Fort Lauderdale personal injury attorney

Recently, the Alabama Supreme Court affirmed a $3 million verdict for plaintiff in a highway construction zone crash lawsuit, after defendant construction company sought a new trial or alternatively a remittitur (reduction of damages).

Work Zone Crash Causes Serious Personal Injury

The work zone crash occurred in June 2010 on a two-lane U.S. Highway where the construction crew was replacing the bridge and approaches to it. The state Department of Transportation had prepared plans for the project, including traffic control, and had supervisors on site to ensure compliance. Defendant construction worker was operating a Caterpillar motor grader in the northbound lane. Plaintiff, with four passengers in his van, attempted to go around the motor grader by crossing the double-yellow line into the southbound lane. The motor grader then turned left, and the two vehicles collided. Plaintiff suffered a double-fractured jaw, broken leg and bruised lung.  Continue reading

When a Florida drunk driver causes serious injury to his or her passengers, occupants of other vehicles or non-occupants, such as pedestrians and bicyclists, it is likely that driver will be named as a defendant in both a criminal and civil case. As Florida DUI injury lawyers at The Ansara Law Firm can explain, these are two totally different processes in different courts pursued for different purposes. However, that does not mean one will have no impact on the other. One of the most notable is the issue of compelling defendant’s testimony in a civil lawsuit, which then becomes public record that can be used against him or her in the pending criminal case. But of course, the Fifth Amendment to the U.S. Constitution gives those accused of criminal wrongdoing the right to remain silent to avoid self-incrimination. That silence and refusal to answer questions cannot be used against them for the jury to infer wrongdoing.Fort Lauderdale DUI injury lawyer

Courts in Florida have held that defendants in wrongful death lawsuits can invoke their Fifth Amendment right during the civil litigation process if compelling that testimony could potentially amount to self-incrimination in the pending criminal case. However, as noted in the 1976 U.S. Supreme Court decision in Baxter v. Palmgiano, the Fifth Amendment doesn’t guarantee negative inferences against a defendant in a civil lawsuit when they refuse to answer pertinent questions regarding the evidence against them. This doesn’t mean the judge or jury in the civil DUI injury lawsuit can simply point to defendant’s refusal to answer questions and declare that alone as basis for a decision in plaintiff’s favor. However, the court is entitled to draw inferences against a defendant who chooses to invoke the Fifth Amendment right to silence. In U.S. ex rel. Bilokumsky v. Tod in 1923, the U.S. Supreme Court ruled that, “silence is often evidence of the most persuasive character.”

Fort Lauderdale DUI injury lawyers can use this to their advantage in drunk driving civil litigation.  Continue reading

Although medical malpractice is a frequent cause of litigation in Florida courts, plaintiffs in those cases understand there are stringent proof burdens that must be met, notices that must be filed and expert witnesses to be secured. A Florida injury lawsuit filed on the basis of general negligence is often less of an ordeal (and usually not so expensive from a litigation standpoint) than one rooted in a claim of medical malpractice. Because defendants in these cases realize the hurdles plaintiffs face in medical negligence claims, they will often argue that almost any injury that occurs in a hospital or any type of health care facility is medical negligence. Florida injury lawsuit

Recently, Florida’s Third District Court of Appeal sided with a plaintiff in a Florida injury lawsuit, finding the hospital’s alleged liability for injuries sustained when another patient beat him up were not rooted in failure to abide medical standards, but rather those set forth in general negligence. In so ruling, the court reversed the trial court’s dismissal of the case, reviving the claim and giving the injury plaintiff another shot at recovering damages.

Florida Injury Lawsuit Sounds in Ordinary Negligence, Not Medical Malpractice

According to court records, plaintiff was a resident patient at a psychiatric hospital operated by defendant in the fall of 2013 when a fellow resident entered plaintiff’s room and, armed with a metal handrail that had been removed form the hallway wall, beat plaintiff about the face and head. Plaintiff’s subsequent Florida injury lawsuit alleged the hospital was negligent in failing to provide him with security and for its failure to train staff to recognize and address emergency situations, such as the assault and battery that led to his injuries. Plaintiff asserted hospital breached these duties by failing to correct the situation or train its staff or control its patients prior to the assault.  Continue reading

Florida wrongful death cases involving nursing home patients is often the result of sepsis, a blood infection that can stem from untreated bedsores – among other signs of abject nursing home neglect. That’s according to a recent analysis reported by Kaiser Health News, which took note that nursing home resident hospitalizations for sepsis-related care ending in death were much more common than those for other conditions. Nursing home wrongful death attorneys in Fort Lauderdale recognize that while no one is nationally tracking how often these infections turn fatal, one recent federal report by Definitive Health Care revealed care related to sepsis was the No. 1 reason given for transfers of nursing home residents to hospitals. wrongful death sepsis

Many Fort Lauderdale wrongful death lawsuits stem from the fact that year after year, nursing homes are failing to prevent bedsores and other sorts of infections known to lead to sepsis. These patients endure, painful, stressful hospital treatments for sepsis, with injury and wrongful death attorneys often arguing it should never have happened in the first place.

The analysis examined data related to nursing home residents who were transferred to hospitals and later died. Of those, roughly 25,000 suffered from sepsis (among other conditions), costing medicare some $2 billion a year (based on four-years’ worth of information). Of those who suffered from sepsis, 1 in 5 did not survive. The scope of such a public health problem, researchers say, is “enormous.” Just a single sepsis-related hospital stay at the end of one nursing home patient’s life cost more than $400,000.  Continue reading

Inflatable bounce houses, bounce pillows, space walkers, moon bouncers and slides – all are increasingly popular at community events and private parties in South Florida, a fun attraction for children to release some of that pent-up energy. However, there is a growing body of evidence that inflatable bounce houses and related amusements are anything but safe. Children have been seriously injured and even died. Product liability and premises liability claims may be appropriate.injury attorney

Recently, The Lincoln Journal Star in Nebraska reported a 2-year-old boy died on a recent afternoon when a strong gust of wind blew over the unenclosed inflatable bounce pillow on which he was playing at a pumpkin patch. The boy and his older sister, 5, were at a private event, playing on the pillow with their parents, who both slid off seconds before the gust of wind swept the pillow up, despite being tethered to the ground. The wind gust reportedly clocked in at around 60 mph. The pillow was ripped of its moorings and flew some 30 to 40 feet. The girl was thrown, but the boy reportedly became “wrapped like a taco” inside the inflatable.

The newspaper reported the pumpkin patch owner does carry the requisite liability insurance required of such operations. Such a claim would fall under the umbrella of premises liability, which holds property owners or controllers responsible for dangerous conditions on their property. Our Fort Lauderdale injury lawyers explain that while the number of defendants will be case specific, it’s plausible the child’s parents may have grounds to pursue claims also against the inflatable pillow manufacturer, as well as the event organizer, if a different entity than the pumpkin patch. Continue reading

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