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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. irongate

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

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. dog1

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

The Sun-Sentinel described the cloudy conditions that hung over the road a “pea-soup fog.” It was there that two Florida Power & Light linemen, colleagues and also best friends, were driving. roadfog

They were there to pick up some overtime, and the chance to work together made it not feel so much like work. Both men were saving up for family vacations to Europe, so they had been together a lot lately on those extra shifts. 

But something happened. Investigators are still trying to piece together exactly what it was, but they do know it was about 8:15 a.m. and it was extremely foggy. The pair were on a dirt road near U.S. 27. The vehicle overturned. The truck rolled into a nearby canal. It was nearly an hour before rescue crews responded to the scene, where someone had called to report a vehicle upside down in the canal. The men were both pulled from the truck, where they were pronounced dead at the scene.  Continue reading

It seems like an impossible notion:nightstreet

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

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. emergency1

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.

Continue reading

Just a handful of months ago, a 5-year-old boy on a bicycle in Boise, ID was seriously injured when he was struck and dragged by a minivan as he crossed at an intersection. The boy was wearing a helmet, but his injuries were life-threatening. testing

That prompted the Idaho Department of Transportation to take decisive action on the issue of bicycle safety in that state. Now, new drivers are going to have to educate themselves on proper interactions with bicyclists as they navigate roads throughout the state. Driver’s education curriculum will be updated to meet the criteria that will ask new motorists on license exams about things like right of way, minimum distance and blind spots.

While bicycle-related questions were always within the pool of possible queries motorists could be asked, it wasn’t a given and a fair number of tests lacked any bicycle safety questions at all. Then this little boy was nearly killed.  Continue reading

A sheriff’s cruiser and an Uber car collided recently at a busy intersection in Seminole County, resulting in the death of the 28-year-old passenger who was catching a ride home after a holiday party.traffic8

The Florida Highway Patrol has launched an investigation into the fatal crash, which claimed the life of Orlando native Corey Allicock, the vehicle’s only passenger. Neither the law enforcement officer, Deputy Scott Sullivan, or Uber driver, 73-year-old Robert Williams, have been cited at this juncture, though the inquiry remains active.

This tragic incidents opens the door to questions about who pays when an Uber driver is involved in a crash. The answer is one that has evolved in recent years, as Uber and other ride-sharing services have gained traction throughout Florida and the country. Continue reading

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. christmastree

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

Pedestrians are in a perilous position every time they step out in Florida, which is known to have the highest number of traffic fatalities per 100,000 population, according to the National Highway Traffic Safety Administration. Still, one would think the sight of a person pushing a stroller would give most drivers pause and reason to exercise great caution.stroller

Unfortunately, it seems more and more accidents are involving pedestrians with strollers. Although there are no available statistics on the issue, the anecdotal evidence is mounting.

Take for example the most recent case in Florida, which occurred in Fort Lauderdale. According to the Sun-Sentinel, a mother and 18-month-old baby girl were rushed to a nearby hospital on a recent night after being struck by a car. The report was that mother and child in stroller were crossing Davie Boulevard in the crosswalk. The vehicle was traveling eastbound. Continue reading

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. busdriver

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

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