Broward Injury Lawyer Blog

August 11, 2017

Homeowner Had No Duty to Protect Child From Drowning Where Relative Assumed Supervision

Florida has the highest child drowning rate in the country, with the Florida Department of Health reporting enough children under 5 die this way every year to fill three preschool classrooms. Not only is it devastating, it’s infuriating because virtually every one of these instances is preventable. This is not to say anyone intends for this outcome, but there simple precautions go a long way.

Many of these incidents occur when there are many people around, such as family gatherings or holiday celebrations. Often it comes down to a miscommunication between adults who are supposed to be supervising the child. Property owners can be held accountable in some cases on the theory of premises liability or negligent supervision. However, it will come down to the individual facts of the case. If there is no defect in the pool, it often comes down to negligent supervision. If a homeowner assumes responsibility for supervision of young swimmers and then breaches that duty, he or she may be held liable. However, if another guest steps in an assumes that responsibility, the homeowner may no longer have a duty of care to supervise.

This was the case recently in a wrongful death lawsuit brought by the father of a young boy who drowned in a backyard pool at a family gathering. Continue reading

August 8, 2017

Court: Members of LLC Not Personally Liable in Pool Accident

By Ansara Law Personal Injury Attorneys

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 liability company cannot be held liable for the actions of a larger corporation just by virtue of being a member.

The decision does not directly impact Florida claimants, but state supreme courts often look to sister courts when considering similar legal matters, so it warrants review.

According to court records, plaintiffs filed their personal injury lawsuit after their son nearly drowned – suffering severe and lasting injuries – while at a wave pool at a water park. Plaintiffs alleged the water park and member LLCs contributed to their son’s injuries because the park failed to properly staff enough life guards. Continue reading

August 7, 2017

Fort Lauderdale Pedestrian Accident Risk Makes Race Runners Wary

By Ansara Law Personal Injury Attorneys

Thousands of runners across Florida are in training for the upcoming half-marathon. Although the streets dedicated for the run will be blocked to traffic, a preventable tragedy at last year’s event still has many runners feeling wary.

Fort Lauderdale police reported a driver, under the influence of alcohol and drugs, paid no mind to the orange cones along the course, nor the repeated instructions by race officials and police when he barreled onto the course, striking and killing an 80-year-old runner. Defendant in that case is now in jail, awaiting trial on a charge of DUI manslaughter. Meanwhile, The Sun Sentinel reports organizers of the race – as well as police – are carefully going over the safety plans for this year. Police say they meet months in advance to plan, driving through the course themselves a good eight times to make sure they haven’t missed any glaring safety concerns. Still, a police captain quoted by the paper said while they work to anticipate possible danger, they can’t always prevent careless drivers from circumventing those restrictions.

In general, Florida is one of the most dangerous places for pedestrians – runners included. The Miami Herald reported pedestrian deaths nationally are at a 10-year high, with Miami-Fort Lauderdale-West Palm Beach having one of the worst rates for car vs. pedestrian fatalities. Continue reading

August 2, 2017

Fair Injury Risk Underscored by Fatal Accident During Peak Fair Season

By Ansara Law Personal Injury Attorneys

The state fair – and many of the other local fairs held throughout Florida and the country – are heavily anticipated and fondly remembered. However, the risk of potential injury and death cannot be overlooked, particularly when it comes to the safety of the amusement rides. From the Ferris wheel to the Fire Ball, these rides may be thrilling – but they can also be extremely dangerous, as highlighted recently after a tragedy in Ohio.

There, at the state fair, an 18-year-old U.S. Marine recruit lost his life when the ride he was on malfunctioned and he fell from his seat. Seven others, ages 14 to 42, were seriously injured. Investigation into the accident is ongoing, and fairs across the country have taken similar rides out of commission while they conduct more thorough inspections. The ride involved in the fatal accident had been inspected several times as it was being erected, and was permitted by an inspector the day of the accident.

Part of the problem, engineering experts and inspectors told USA Today, is that there are too few inspectors and a patchwork of safety regulations that are decided on a state-by-state basis. Congress relinquished control of fair safety oversight to the states back in the 1980s, so there are no concrete, uniform standards for fair and ride safety and inspections. Continue reading

July 30, 2017

Impact of South Florida Motorcycle Accidents Lessened with Helmets

By Ansara Law Personal Injury Attorneys

Florida has more fatal motorcycle accidents than any other state in the country. Data released earlier this year from the National Highway Traffic Safety Administration (NHTSA) revealed 616 motorcyclists were killed in the Sunshine State just in 2015 alone (an uptick from the initial estimate of 557).

Now, a new analysis from the federal agency examines the estimated cost of lives saved prevented when motorcycle riders don helmets.

Researchers say at least 1,772 lives have been saved by motorcycle helmet usage in 2015. In terms of economic costs, that was $3 billion in direct loses and $19 billion in comprehensive costs that were saved. However, another 740 people who died might have lived had they been wearing protective head gear. That amounts to $1.4 billion in economic costs and $8.3 billion in comprehensive costs. Continue reading

July 27, 2017

Slip-and-Fall Accidents Require Stringent Proof Burden

By Ansara Law Personal Injury Attorneys

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 often similar. Florida updated its slip-and-fall statute a few years ago. F.S. 768.0755 requires plaintiffs to show that the business created a condition that was dangerous or was directly informed about the condition (this is known as direct knowledge) OR that the hazardous condition existed for so long the business should have discovered it or that it occurred with such a frequency that it was foreseeable to the business. Plaintiff must also prove defendant business was wrong in failing to correct or warn patrons about the danger.

Meeting this proof burden means having a Fort Lauderdale injury attorney who will advise and help you in collecting pertinent evidence and throughout the legal process. Continue reading

July 22, 2017

4th DCA Reverses $3.6M Liability Award in Death of Pregnant Woman, Unborn Child

By Ansara Law Personal Injury Attorneys

The Fourth District Court of Appeals has reversed a $3.6 million damage award in the case of a pregnant woman killed while lounging poolside by a hotel, where she was struck by a drunk driver. Plaintiff, decedent’s husband and father of their unborn child, who also died, alleged the hotel was negligent in failing to create a barrier between the cabana and the road, which plaintiff alleged was known to be a hazardous condition.

Although the trial court decided the case in plaintiff’s favor, finding the hotel 15 percent at fault, the appellate court reversed, finding the trial court should have issued a directed verdict on the issue of negligence and also addressed a number of impermissible comments made by plaintiff’s attorney during both opening and closing arguments.

Though the outcome is disappointing for plaintiff, it’s important to highlight why the court decided the way it did, as it’s likely to affect future cases. While this case began with the irrefutable negligence of the drunk driver, this claim at its heart was one of premises liability. The assertion was there was a dangerous condition on the property, defendant hotel knew or should have known about it and yet failed to address it or warn patrons of it. Continue reading

July 17, 2017

Dangerous Property in Florida Garners Lawmaker Attention

By Ansara Law Personal Injury Attorneys

Disputes with landlords and tenants in Florida may be common, but what is not disputable is that landlords owe a duty of care to residents to maintain a reasonably safe property.

Landlords who slip on maintenance and management of properties to save a buck may ultimately find it will cost them. Premises liability claims against landlords can stem from a host of issues that may result in injuries including:

Slip-and-falls due to slick floors or broken handrails;
Trip-and-falls due to failure to clean debris or properly light the common areas;
Water damage can result in mold which may result in respiratory illness;
Poorly illuminated, maintained or secured swimming pools can pose slip-and-fall and drowning risks;
Failure to update smoke detectors to warn residents of a fire or smoke hazards;
Failure to secure and light parking lots, screen doors or other entrances to the property can leave tenants and visitors vulnerable to crime.

July 13, 2017

Report: Fewer Successful Malpractice Claims in the U.S., But Higher Payouts

By Ansara Law Personal Injury Attorneys

A recent report by Harvard Medical School revealed the rate of medical malpractice claims paid out in the U.S. has dropped substantially over the last 20 years – by 56 percent. Meanwhile, the average payout for successful claims has climbed by nearly 25 percent, reaching about $353,000 between 2009 and 2014, up from about $287,000 in the 1992-1996 time frame.

Health insurance rates – one of the primary justifications for imposing damage caps and other limitations on these claims, making them harder to win – have risen astronomically. NBC News reported recently that health insurance has risen almost every year, and it’s gone up faster than wages and inflation. They have risen 213 percent since 1999 for family coverage, according to the Kaiser Foundation. By comparison, wages rose 60 percent during that time while inflation rose 44 percent. Health care spending accounts for 17 percent of the U.S. economy, whereas in 1980, it was just half that.

The Florida Supreme Court addressed this very issue in its 2014 5-02 ruling in McCall v. U.S., where it ruled damage caps on medical malpractice lawsuits ending in death are unconstitutional. The court cited the Eighth Amendment’s equal protection clause, but noted the wrongful death noneconomic damage cap did not bear a rational relationship to the stated purpose, which was the alleged medical malpractice insurance crisis in Florida. Continue reading

July 9, 2017

Florida Birth Injury Lawsuit Settles for $2.3 Million

By Ansara Law Personal Injury Attorneys

When it comes to medical malpractice resulting in birth injuries, there may be no way to undo the harm – and no amount of money that could ever fully compensate the injured person – for the way in which their life has changed.

That said, it’s necessary to pursue action against doctors, hospitals and other health care professionals who may have failed to act according to the standard of care for their position, thus resulting in serious and lifelong injury to the patient. Victims of medical malpractice may suffer lifelong damages, and could require extensive future care and medical treatment, not to mention the loss of wages and earning potential and life enjoyment.

Recently, a Fort Myers medical malpractice birth injury lawsuit resulted in a $2.3 million settlement stemming from a case involving a premature baby who suffered a brain injury and amputation in four years ago. Continue reading