Broward Injury Lawyer Blog

June 20, 2014

Cox v. Wal-Mart Stores, Inc. – Premises Liability Involving Defective Doorway

Businesses inviting members of the public have a duty to exercise ordinary care in ensuring the safety of those invitees. That means maintaining the property in a reasonably safe condition and warning patrons if there are any unsafe conditions present.

Defense in a recent trip-and-fall premises liability lawsuit argued a defect in a doorway that reportedly caused a patron to trip was not unreasonably dangerous, and further pointed to a so-called “categorical exemption” regarding entryway thresholds under state law.

Our Fort Lauderdale premises liability lawyers understand that while the trial court granted the defense a summary judgment on this basis, that ruling was recently reversed by the U.S. Court of Appeals for the Fifth Circuit.
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June 14, 2014

Report: 2 Pedestrians, 1 Bicyclist Struck Daily in Broward

By Ansara Law Personal Injury Attorneys

Florida traffic engineers and public safety officials have long been aware of the safety deficits that exist for those who commute by bicycle or on foot in this state. For several years now, researchers have named Florida the most dangerous state for both pedestrians and bicyclists. The most recent research by Smart Growth America, in the Dangerous by Design 2014 report, indicates the trend is continuing.

To put into perspective just how bad the problem is in Broward County, reporters with the Sun-Sentinel found: Every single day in this county, there are two pedestrians and one bicyclist struck. Not all die or suffer serious injury, but many do, as cyclists and pedestrians are among the most vulnerable users of our roads. Fort Lauderdale bicycle accident lawyers know these travelers are are no match for a two-ton mass of metal barreling toward them at even 35 mph.

Transportation for America recently analyzed bicycle and pedestrian deaths from 2011 through 2013. Researchers noted 2,276 pedestrian accidents in Broward alone, resulting in 114 fatalities. In that same time frame, there were 1,549 bicycle accidents, which resulted in 33 deaths.
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June 12, 2014

Valdez v. Mendez et al – Florida Boating Accident Lawsuit Filed

By Ansara Law Personal Injury Attorneys

The family of a man killed in a South Florida boating accident has filed a lawsuit against a popular radio DJ, Miami rapper Pit Bull and his vodka brand, which reportedly sponsored the event where the incident occurred.

In Valdez v. Mendez et al., the family alleges “DJ Laz” was negligent in his operation of a party boat lodged on a sandbar near Key Biscayne. Rather than call for aid and have the vessel towed, the DJ/boat operator encouraged those aboard – many of whom had been drinking alcohol for the better part of the day – to jump out and help push the reportedly overloaded boat back into the water.

Several people jumped in the water and began to push. One of those was Ernesto Hernandez, who had recently graduated from the police academy. While he and others pushed, the boat operator reportedly did not cut the engine. The victim was fatally struck by the boat propeller. The family alleges the operator, who remained at the helm, recklessly engaged the engines’ throttle.

Fort Lauderdale boat accident attorneys know that while this case has garnered many headlines because of the big names involved, boat accidents are unfortunately common in Florida, which the U.S. Coast Guard ranked No. 1 in boat casualties. In 2012, the agency reported Florida had 662 total boating accidents – more than any other state. In those, 50 people were killed and another 398 seriously injured. These crashes resulted in property damages totaling $6.8 million. Nationwide, Florida accounted for 7.7 percent of all boating deaths. The cost in terms of medical expenses, lost wages, wrongful death and pain and suffering is far higher.
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May 25, 2014

Foreseeable Zone of Risk Challenged in Injury Case

By Ansara Law Personal Injury Attorneys

The New Mexico Supreme Court recently handed down a ruling that significantly broadens the grounds on which injured plaintiffs can bring claims of negligence against a property or business owner in that state. Specifically, the court struck down the issue of “foreseeability” in premises liability, finding that a court should never consider whether harm was foreseeable in determining the duty owed to the plaintiff.

In most places, including Florida, property and business owners generally have a duty to mitigate or abate reasonably foreseeable injury risks on site. The New Mexico Supreme Court ruled in Rodriguez v. Del Sol that foreseeability doesn’t matter, so long as the injury risk existed.

Whether other state will now be more inclined to adopt this same standard remains to be seen. Fort Lauderdale accident attorneys know Florida has one of the broader interpretations of foreseeability, having adopted the “foreseeable zone of risk” in the 1992 case of McCain v. Florida Power. This is the assertion that the duty element of negligence in tort cases can be established by determining whether the defendant’s conduct foreseeably created a broader zone of risk that could pose a general threat of harm to others.
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May 14, 2014

Florida Appellate Court Rejects “Coblentz” Agreement in Rodriguez v. SNI

By Ansara Law Personal Injury Attorneys

A grieving father is back to square one in his fight to seek compensation from the insurance company that represented a man who owned the vehicle that ended his son’s life in a motorcycle crash.

Florida’s Third District Court of Appeals has affirmed summary judgment in favor of the insurance company in Rodriguez v. Security National Insurance Co., denying the validity of the Coblentz agreement into which the father entered with the vehicle owner. (At the time of the crash, the car was being driven by a third-party with the owner’s consent; the driver later negotiated a separate civil settlement, while the father pursued a vicarious liability action against the vehicle’s owner.)

Car accident lawyers in Fort Lauderdale know Coblentz agreements should only ever be entered into after careful consideration – precisely because of these types of scenarios.
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May 10, 2014

Jewish Pedestrian Safety Goal of State Traffic Safety Initiative

By Ansara Law Personal Injury Attorneys

The death of a 12-year-old girl last year at a bustling intersection near Boca Raton has prompted state officials to conduct a $200,000 traffic study that focuses specifically on safety solutions for Orthodox Jewish pedestrians.

Of course, pedestrian accident lawyers know that all people on foot would potentially benefit if the recommendations are adopted. However, the reason the effort is focused on this community is because of religious beliefs that forbid the faithful from driving or using electricity during the Sabbath and holy days.

This particular intersection, at Boca Del Mar Drive and Palmetto Park Road, is anchored on either side by Orthodox Jewish synagogues. At least once every week, the area is flooded with pedestrians, hundreds of families either on their way to worship or headed home or off to visit family and friends.
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May 2, 2014

Fort Lauderdale Bicycle Accident Turns Fatal

By Ansara Law Personal Injury Attorneys

A 52-year-old South Florida entrepreneur died of injuries sustained in a Fort Lauderdale bicycle accident after being struck by a sport utility vehicle on North Federal Highway.

At the time of the crash, he was riding in the designated bike lane. Broward injury lawyers see this as a perfect example of the fact that even having the right bicycle-friendly infrastructure isn’t enough to protect riders if drivers aren’t careful.

According to authorities, the crash happened around 9 p.m., with the rider thrown up over the hood of the vehicle. The driver never bothered to stop, while the cyclist, who owned a web design firm, was declared dead at the scene.
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April 28, 2014

Florida Back-Over Accident Results in Elderly Deaths by Elderly Driver

By Ansara Law Personal Injury Attorneys

A 79-year-old South Florida woman received a non-criminal citation after backing out of a parking space into a crowd of pedestrians, killing three fellow senior citizens and injuring four others.

Authorities say the driver lost control of her sport utility vehicle while backing out of a handicapped parking space near the front of a church parking lot. She also struck a curb and a tree before the vehicle came partially to rest in a creek. She is not expected to face criminal charges, as no drugs, alcohol or maliciousness is believed to have played a role in the crash. It is likely, however, that her driver’s license will be permanently revoked. The woman reportedly confused the gas and brake pedals.

Fort Lauderdale car accident lawyers recognize that this tragedy presents an opportunity to discuss two major traffic safety issues: Elderly driving and back-over accidents.
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April 21, 2014

Fort Lauderdale DUI Accident Prevention: Daily Breath Tests

By Ansara Law Personal Injury Attorneys

If a person is arrested for a DUI in Florida, judges have the authority to impose the use of ignition interlock devices. If a driver has more than one DUI already on his record, the devices are mandatory.

Still, they aren’t required for first-time offenders, and Mothers Against Drunk Driving and vendors of the devices have recently renewed the legislative push to make ignition-interlock devices required for all DUI offenders.

Now, our Fort Lauderdale injury lawyers have learned that a new approach is being proposed. While the ignition-interlock device requires the user to blow into a breathalyzer – and pass the test – before the vehicle will start, a new bill proposes that some DUI offenders be required to submit to a 24/7 DUI abstinence program.
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April 14, 2014

Fort Lauderdale Animal Bites and Owner Liability

By Ansara Law Personal Injury Attorneys

Any animal owner whose pet inflicts harm on another person, through a bite or some other form of attack, can be held liable. Florida, Statute 767.04 holds that a dog owner can be held liable for bites inflicted by their animal to anyone in a public place or lawfully in a private place – regardless of whether the canine previously displayed any signs of viciousness.

Our Fort Lauderdale dog bite lawyers work with animal bite victims to obtain compensation for medical expenses, lost wages and other damages. In some cases, victims can pursue a claim with the owner’s homeowner insurance policy.

Still, it’s worth noting that dogs aren’t the only animals with the potential for aggressiveness. In Florida, people have been known to keep a wide variety of animals as pets. These include cats and birds and horses, etc., but also snakes, lizards and other potentially dangerous reptiles. Anytime the owner of an animal fails to prevent a foreseeable risk of damage or injury, he or she can be held strictly liable under Florida law.
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